Tuesday, May 26, 2015

Manila Prince Hotel vs GSIS (Political Law)

Manila Prince Hotel vs. GSIS
G.R. No. 122156; February 3, 1997

  • If a law or contract violates any norm of the Constitution, that law or contract is null and void, and without any force and effect.

  • Since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract.

  • Provisions of the Constitution are presumed to be self-executing unless it is expressly provided that a legislative act is necessary to enforce a constitutional mandate.

  • A constitutional provision is self-executing if the nature and extent of the right conferred and the liability imposed are fixed by the Constitution itself, so that they can be determined by an examination of its terms, and there is no language indicating that the subject is referred to the legislature for action.

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