Filipino first policy

Recently, I've received a number of letters from our readers calling for a national policy that would prioritize Filipinos and Philippine-made products and services in all aspects of the economy.

- MARY ANN LL. REYES

We actually have a Filipino First policy enshrined in the 1987 Constitution which provides that in the grant of rights, privileges and concessions covering the national economy and patrimony, the state shall give preference to qualified Filipinos.

The Filipino First policy was first introduced by nationalist president Carlos P. Garcia, which was implemented from 1957 to 1961 to favor Philippine economic interests over American interests. It was dismantled by former president Diosdado Macapagal but later inserted in the 1987 Constitution.

In the landmark case of Manila Prince Hotel vs. GSIS decided Feb. 3, 1997, the Supreme Court pointed out that Sec. 10 of Art XII of the Constitution which provides for a Filipino First Policy is a "mandatory, positive 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. It is per se judicially enforceable," the court emphasized.

Art XII of the 1987 Constitution on the National Economy and Patrimony, in particular Section 1 paragraph 2 likewise provides that while "the state shall promote industrialization and full employment... through industries that make full and efficient use of human and natural resources and which are competitive in both domestic and foreign markets," the state shall "protect Filipino enterprises against unfair foreign competition and trade practices."

The SC in the same case noted that the patrimony of the nation that should be conserved and developed refers not only to the country's rich natural resources but also to the cultural heritage of the race and our intelligence in arts, sciences and letters.