Philippine Bar review · Question

Practice question: Self-executing and Non-self-executing Provisions

Multiple Choice Hard Jurisprudence

Practice question

A State entity grants a concession covering national patrimony. A qualified Filipino invokes the second paragraph of Article XII, Section 10 in an otherwise proper case. The entity acknowledges the provision’s self-executing character but says Congress retains power to facilitate it, and therefore the court must await whatever implementing measure Congress might someday enact. Which response follows from Manila Prince?
  1. Possible future implementing legislation does not suspend the existing self-executing command.
  2. Any legislative power to assist enforcement necessarily suspends the right.
  3. An administrative promise to wait binds the Constitution.
  4. The command applies only after Congress imposes a penalty.
  5. The command applies only if a statute repeats it word for word.

Legal references

  • Manila Prince Hotel v. GSIS, G.R. No. 122156, February 3, 1997, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/34508

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