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

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Multiple Choice Easy Jurisprudence

Practice question

According to Manila Prince Hotel v. GSIS, what is the starting presumption when determining whether a constitutional provision is self-executing?
  1. Every provision is merely advisory.
  2. Every provision necessarily awaits a penal statute.
  3. Provisions are presumed self-executing unless a legislative act is expressly required to enforce the mandate.
  4. Only provisions mentioning courts can operate directly.
  5. All provisions in the same article have identical enforceability.

Legal references

  • Manila Prince Hotel v. GSIS, G.R. No. 122156, February 3, 1997, main decision, presumption of self-execution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/34508
  • Tondo Medical Center Employees Association v. Court of Appeals, G.R. No. 167324, July 17, 2007, main decision: https://lawphil.net/judjuris/juri2007/jul2007/gr_167324_2007.html

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