Manila Prince Hotel

vs
GSIS

G.R. No. 122156

FACTS:

The Government Service Insurance System (GSIS), pursuant to the privatization

program of the Philippine Government, decided to sell through public bidding 30% to
51% of the issued and outstanding shares of the Manila Hotel (MHC). Two bidders
participated; the Manila Prince Hotel (MPH), a Filipino corporation, which offered to buy
51% of the MHC at P41.58 per share, and Renong Berhad (RB), a Malaysian Firm,
which bid for the same number of shares at P44.00 per share or P2.42 more than the
bid of petitioner. Since RB bid the highest, it was logically considered as the winning
bidder. Pending the declaration of RB, the Manila Prince Hotel matched the bid price of
P44.00 per share in a letter to GSIS dated 28 September 1995. Manila Prince Hotel
sent a managers check to the GSIS in a subsequent letter, but which GSIS refused to
accept. Manila Prince Hotel then came to the Court on prohibition and mandamus. On
18 October 1995 the Court issued a temporary restraining order enjoining respondents
from perfecting and consummating the sale to the Malaysian firm.
RB then assailed the TRO issued in favor of MPH arguing among others that Sec. 10,
Art. 12 of the 1987 Constitution needs an implementing law because it is merely a
statement of principle and policy (not self-executing) and even if said passage is self-
executing, Manila Hotel does not fall under national patrimony.
ISSUE:

whether or not the provisions of the Constitution, particularly Article XII Section
10, are self-executing
whether or not the 51% share is part of the national patrimony.

DISCUSSION:

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. The rule is that a
self-executing provision of the constitution does not necessarily exhaust legislative
power on the subject, but any legislation must be in harmony with the constitution,
further the exercise of constitutional right and make it more available. Subsequent
legislation however does not necessarily mean that the subject constitutional provision
is not, by itself, fully enforceable. Hence, unless it is expressly provided that a legislative
act is necessary to enforce a constitutional mandate, the presumption now is that all
provisions of the constitution are self-executing. If the constitutional provisions are
treated as requiring legislation instead of self-executing, the legislature would have the
power to ignore and practically nullify the mandate of the fundamental law. In fine,
Section 10, second paragraph, Art. XII of the 1987 Constitution is a mandatory
command which is complete in itself and which needs no further guidelines or
implementing laws or rules for its enforcement. From its very words the provision does
not require any legislation to put it in operation.
In its plain and ordinary meaning, the term patrimony pertains to heritage. When the
Constitution speaks of national patrimony, it refers not only to the natural resources of
the Philippines, as the Constitution could have very well used the term natural
resources, but also to the cultural heritage of the Filipinos. It also refers to Filipinos
intelligence in arts, sciences and letters. In the present case, Manila Hotel has become
a landmark, a living testimonial of Philippine heritage. It has since then become the
venue of various significant events which have shaped Philippine history. In the granting
of economic rights, privileges, and concessions, especially on matters involving national
patrimony, when a choice has to be made between a qualified foreigner and a
qualified Filipino, the latter shall be chosen over the former.

Held:
The Supreme Court directed the GSIS, the Manila Hotel Corporation, the Committee on
Privatization and the Office of the Government Corporate Counsel to cease and desist
from selling 51% of the Share of the MHC to Renong Berhad, and to accept the
matching bid of Manila Prince Hotel at P44 per share and thereafter execute the
necessary agreements and document to effect the sale, to issue the necessary
clearances and to do such other acts and deeds as may be necessary for the purpose.