of the constitution are self-executing.

If the
constitutional provisions are treated as requiring
HEALTH CARE LAW; SELF-EXECUTORY? legislation instead of self-executing, the legislature
would have the power to ignore and practically
ANSWER: YES nullify the mandate of the fundamental law. This can
be cataclysmic. That is why the prevailing view is, as
it has always been, that –
CASE : IMBONG V. OCHUA

... in case of doubt, the Constitution should be

A component to the right to life is the
constitutional right to health. In this regard, the
Constitution is replete with provisions protecting
and promoting the right to health. Section 15, Article
II of the Constitution provides:
Section 15. The State shall protect and promote the
right to health of the people and instill health
consciousness among them.
considered self-executing rather than non-self-
executing. . . . Unless the contrary is clearly
intended, the provisions of the Constitution should
be considered self-executing, as a contrary rule
would give the legislature discretion to determine
when, or whether, they shall be effective. These
provisions would be subordinated to the will of the
lawmaking body, which could make them entirely
meaningless by simply refusing to pass the needed
implementing statute. (Emphases supplied)

A portion of Article XIII also specifically provides for

the States' duty to provide for the health of the
people, viz:

HEALTH

Section 11. The State shall adopt an integrated and

comprehensive approach to health development
which shall endeavor to make essential goods,
health and other social services available to all the
people at affordable cost. There shall be priority for
the needs of the underprivileged, sick, elderly,
disabled, women, and children. The State shall
endeavor to provide free medical care to paupers.

Section 12. The State shall establish and maintain an

effective food and drug regulatory system and
undertake appropriate health, manpower
development, and research, responsive to the
country's health needs and problems.

Section 13. The State shall establish a special agency

for disabled person for their rehabilitation, self-
development, and self-reliance, and their integration
into the mainstream of society.

Finally, Section 9, Article XVI provides:

Section 9. The State shall protect consumers from

trade malpractices and from substandard or
hazardous products.

These provisions are self-executing. Unless the

provisions clearly express the contrary, the
provisions of the Constitution should be considered
self-executory. There is no need for legislation to
implement these self-executing provisions.182 In
Manila Prince Hotel v. GSIS,183 it was stated:

x x x Hence, unless it is expressly provided that a

legislative act is necessary to enforce a constitutional
mandate, the presumption now is that all provisions