DIGEST - (24) Wigberto Tañada VS Edgardo Angara

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G.R. No.

118295 May 2, 1997


WIGBERTO E. TAÑADA as member of the Philippine Senate and as taxpayers VS EDGARDO
ANGARA in his respective capacities as members of the Philippine Senate who concurred in the
ratification by the President of the Philippines of the Agreement Establishing the World Trade
Organization

Facts:
Arguing mainly (1) that the WTO requires the Philippines "to place nationals and products of
member-countries on the same footing as Filipinos and local products" and (2) that the WTO
"intrudes, limits and/or impairs" the constitutional powers of both Congress and the Supreme
Court, the instant petition before this Court assails the WTO Agreement for violating the mandate
of the 1987 Constitution to "develop a self-reliant and independent national economy effectively
controlled by Filipinos . . . (to) give preference to qualified Filipinos (and to) promote the
preferential use of Filipino labor, domestic materials and locally produced goods." Simply stated,
does the Philippine Constitution prohibit Philippine participation in worldwide trade liberalization
and economic globalization? Does it proscribe Philippine integration into a global economy that
is liberalized, deregulated and privatized? These are the main questions raised in this petition for
certiorari, prohibition and mandamus, invoking that it violates the self-executing characteristic of
Article 2, Section 19 of the 1987 Constitution which states that The State shall develop a self-
reliant and independent national economy effectively controlled by Filipinos.

Issue:
Whether or not the Philippines’ becoming of a WTO member is violative of Article 2, Section 19
of the 1987 Constitution as the said provision is considered self-executing.

Ruling:
No, as Article 2 of the 1987 Constitution contains non self-executing provisions and therefore
requiring legislations for it to be enforced.

Ratio Decidendi:
• By its very title, Article II of the Constitution is a "declaration of principles and state
policies."
• These principles in Article II are not intended to be self-executing principles ready for
enforcement through the courts. They are used by the judiciary as aids or as guides in the
exercise of its power of judicial review, and by the legislature in its enactment of laws.
• Kilosbayan, Incorporated vs. Morato — the principles and state policies enumerated in
Article II and some sections of Article 12 are not "self-executing provisions, the disregard
of which can give rise to a cause of action in the courts. They do not embody judicially
enforceable constitutional rights but guidelines for legislation."

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