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a collections of case digests and laws that can help aspiring law students to become a lawyer


Manila Prince Hotel vs. GSIS 267 SCRA 408 (1997)

8/7/2022

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Manila Prince Hotel vs. GSIS 267 SCRA 408 (1997) 

ISSUE:  Whether or Not the provisions of the Constitution, particularly Article XII Section 10, are self-executing. 

FACTS: 

The GSIS, pursuant to the privatization program of the Government under Proclamation 50 dated 8 December 1986, decided to sell through public bidding 30% to 51% of the issued and outstanding shares of the Manila Hotel (MHC). 

DECISION: 
Dismissed 
​

RATIO DECIDENDI: 
Yes. Sec 10, Art. XII of the 1987 Constitution is a self-executing provision. A provision which lays down a general principle, such as those found in Article II of the 1987 Constitution, is usually not self-executing. But a provision which is complete in itself and becomes operative without the aid of supplementary or enabling legislation, or that which supplies sufficient rule by means of which the right it grants may be enjoyed or protected, is self-executing. 


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