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Facts:

DOH launched the Health Sector Reform Agenda (HSRA) in 1999. HSRA would provide
for 5 general areas of reform:
1. Provide fiscal autonomy to government hospitals govt hospitals would be allowed
to collect socialised user fees so that they wont have to depend on govt subsidies so much;
2. Secure funding for priority public health programs
3. Promote the devt of local health systems and ensure its effectivity performance
4. Strengthen the capacities of health regulatory agencies
5. Expand the coverage of the National Health Insurance Program (NHIP)
Pres. Estrada issued EO No 102 (Redirecting the Functions and Operations of the
DOH). The DOH refocused its mandate from being the sole provider of health services to being
a provider of specific health services and technical assistance.
Petitioners questioned the order issued by the DOH (Guidelines and Procedure in the
Implementation of the Corporate Restructuring of Selected DOH Hospitals to Achieve Fiscal
Autonomy, and Managerial Flexibility to Start by January 2001) and AO No 172 of the DOH
(Policies and Guidelines on the Private Practice of Medical and Paramedical Professionals in
Government Health Facilities) for imposing a burden on indigent Filipinos. The reforms would
make free medicine and free medical services inaccessible to economically disadvantaged
Filipinos.

Issue: W/N HSRA is void for violating the following constitutional provisions: Art II, Sections
5,9,10,11,13,15, and 18; Art III Section 1; Art XIII Sections 11,14; Art XV Section 1,3

Held: No, because the aforementioned provisions are not self-executing (especially article II).
They are not judicially enforceable constitutional rights and can only provide guidelines for
legislation.
In Tanada V Angara, the SC ruled that provisions of Article II need legislative
enactments before they can be implemented. 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 the enactment of
laws.

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