Professional Documents
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ARTICLE I: National Territory
TERRITORIAL SEA: A state's territorial sea extends up to 12 nautical miles (22 km)
from its baseline. If this would overlap with another state's territorial sea, the border is
taken as the median point between the states' baselines, unless the states in question
agree otherwise. A state can also choose to claim a smaller territorial sea.
Conflicts still occur whenever a coastal nation claims an entire gulf as its territorial
waters while other nations only recognize the more restrictive definitions of the UN
convention. Two recent conflicts occurred in the Gulf of Sidra where Libya has
claimed the entire gulf as its territorial waters and the U.S. has twice enforced
freedom of navigation rights (Gulf of Sidra incident (1981), Gulf of Sidra incident
(1989)).
The term "territorial waters" is also sometimes used informally to describe any area of
water over which a state has jurisdiction, including internal waters, the contiguous
zone, the exclusive economic zone and potentially the continental shelf.
BASELINE: Normally, the baseline from which the territorial sea is measured is the
low-water line along the coast as marked on large-scale charts officially recognized by
the coastal state. This is either the low-water mark closest to the shore, or alternatively
it may be an unlimited distance from permanently exposed land, provided that some
portion of elevations exposed at low tide but covered at high tide (like mud flats) is
within 12 nautical miles (22 km) of permanently exposed land. Straight baselines can
alternatively be defined connecting fringing islands along a coast, across the mouths
of rivers, or with certain restrictions across the mouths of bays. In this case, a bay is
defined as "a well-marked indentation whose penetration is in such proportion to the
width of its mouth as to contain land-locked waters and constitute more than a mere
curvature of the coast. An indentation shall not, however, be regarded as a bay unless
its area is as large as, or larger than, that of the semi-circle whose diameter is a line
drawn across the mouth of that indentation". The baseline across the bay must also be
no more than 24 nautical miles (44 km) in length.
CONTIGUOUS ZONE: The contiguous zone is a band of water extending from the
outer edge of the territorial sea to up to 24 nautical miles (44 km) from the baseline,
within which a state can exert limited control for the purpose of preventing or
punishing "infringement of its customs, fiscal, immigration or sanitary laws and
regulations within its territory or territorial sea". This will typically be 12 nautical
miles (22 km) wide, but could be more (if a state has chosen to claim a territorial sea
of less than 12 nautical miles), or less, if it would otherwise overlap another state's
contiguous zone. However, unlike the territorial sea there is no standard rule for
resolving such conflicts, and the states in question must negotiate their own
compromise. The United States invoked a contiguous zone on 24 September 1999.[2]
CONTINENTAL SHELF: Article 76[4] gives the legal definition of continental shelf
of coastal countries. For the physical geography definition, see the continental shelf
page.
The continental shelf of a coastal nation extends out to the outer edge of the
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continental margin but at least 200 nautical miles (370 km) from the baselines of the
territorial sea if the continental margin does not stretch that far. The outer limit of a
country's continental shelf shall not stretch beyond 350 nautical miles (648 km) of the
baseline, or beyond 100 nautical miles (185 km) from the 2,500 meter isobath, which
is a line connecting the depths of the seabed at 2,500 meters.
The outer edge of the continental margin for the purposes of this article is defined as:
a series of lines joining points not more than 60 nautical miles (111 km) apart
Countries were supposed to lodge their submissions to extend their continental shelf
beyond 200 nautical miles within 10 years of UNCLOS coming into force in the
country, or by 13 May 2009 for countries where the convention had come into force
before 13 May 1999. As of 1 June 2009, 51 submissions have been lodged with the
Commission, of which 8 have been deliberated by the Commission and have had
recommendations issued. The 8 are (in the order of date of submission): Russian
Federation; Brazil; Australia; Ireland; New Zealand; the joint submission by France,
Ireland, Spain and the United Kingdom; Norway and Mexico. A coastal nation has
control of all resources on or under its continental shelf, living or not, but no control
over any living organisms above the shelf that are beyond its exclusive economic
zone. This gives it the right to conduct petroleum drilling works and lay submarine
cables or pipelines in its continental shelf.
Article II
a series of lines joining points not more than 60 nautical miles apart that is not
more than 60 nautical miles from the foot of the continental margin.
The foot of the continental slope is determined as the point of maximum change in the
gradient at its base.
The portion of the continental shelf beyond the 200 nautical mile limit is also known
as the extended continental shelf. Countries wishing to delimit their outer continental
shelf beyond 200 nautical miles have to submit information on their claim to the
Commission on the Limits of the Continental Shelf. The Commission must make
recommendations on matters related to the establishment of the outer limits of their
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Land reform program governmental function and cannot be undertaken by any
private enterprise (no capacity).
The character and operations of the AFP-RSBS are imbued with public interest thus
the same is a government entity and its funds are in the nature of public funds.
(similar to the GSIS)
Public Office the right, authority and duty, created and conferred by law, by which,
for a given period, either fixed by law or enduring at the pleasure of the creating
power, an individual is vested with some portion of sovereign functions of the
government, to be exercised by him for the benefit of the public.
GOCCs are subject to the control or supervision of the State (unlike PSPCA). A
juridical entity impressed with public interest does not make the entity a public
corporation. The true criterion to determine whether a corporation is public or private
is found in the totality of the relation of the corporation to the State. If it is created by
the State as its own agency or instrumentality to help in carrying out its governmental
functions, then that corporation is considered public; otherwise, it is private.
MIAA vs. CA
GOCC a stock or non-stock corporation, vested with functions relating to the public
needs whether governmental or proprietary in nature, and owned by the government
directly or through its instrumentalities either wholly, or where applicable (for stock
corps.), to the extent of at least 51% of its capital stock.
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and must be performed by them in good faith. The VFA gives legitimacy to the
Balikatan Exercises.
On the basis of the right to privacy, abortion was legalized up to the 6th month of
pregnancy. The constitutional provision bars any application of the Roe vs. wade
decision in this jurisdiction.
There is no obligatory rule derived from treaties or conventions that requires the
Philippines to recognize foreign judgments, or allow a procedure for the enforcement
thereof.
Inherent duty of the state to act as parens patriae (parent of the STATE).
Orders which resemble the functions of aid by the AFP already present and existent
within the functions of society such as elections, national exams, relief and rescue
operations and projects of the Red Cross, are not violative of civilian supremacy.
2.
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The knowledge that parental control cannot always be provided and societys
transcendent interest in protecting the welfare of the children justify reasonable
regulation of the sale of material to them.
Section 16: Right to a balanced and healthful ecology
There is no constitutional right to run for or hold public office and, particularly, to
seek the presidency. What is recognized is merely a privilege subject to limitations
imposed by the law. Equality is not sacrificed so long as the burdens engendered by
the limitations are meant to be borne be any one who is minded to file a certificate of
candidacy.
Article VI
Powers of Congress: plenary: article XVI authorizes Congress to pass law to change
name of country, national anthem or national flag; subject to ratification by the
people.
LLDA vs. CA
It is a constitutional commonplace that the ordinary requirements of due process yield
to the necessities of protecting vital public interests like the protection of the safety,
health and general welfare and comfort of the public, as well as the protection of plant
and animal life: through the exercise of police power.
VALID DELEGATION
Legislative/ Law making
Legislative <->
Executive
Law
The State shall develop self-reliant and independent national economy effectively
controlled by Filipinos. The government must run its affairs the way it deems best for
the national interest, without any external influence or control.
The executive has the power of subordinate legislation, insofar as it interprets the laws
were it is based, and not going beyond and enacting laws. Moreover, this enhances
convenience and promotes specialization through the administrative bodies.
Independence refers to freedom from undue foreign control of the national economy
especially in such strategic industries as in the development of natural resources and
public utilities. It does not prohibit competition, so long as it is fair and reasonable.
Some amount of competition would be beneficial for the consumers, as well as
producers.
<->
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1. Public purpose
2. Reasonableness of means
To avoid the taint of unlawful delegation, there must be a standard, which implies at
the very least that the legislative itself determines matters of principle and lays down
fundamental policy. Otherwise, the charge of complete abdication may be heard to
repel. A standard thus defines legislative policy, marks its limits, maps out its
boundaries and specifies the public agency to apply it. It indicates the circumstances
under which the legislative command is to be effected. It is the criterion by which
legislative purpose may be carried out. Thereafter, the executive or administrative
office designated may in pursuance of the above guidelines promulgate supplemental
rules and regulations. The standard may be either express or implied. If the former,
the non-delegation objection is easily met. The standard though does not have to be
spelled out specifically. It could be implied from the policy and purpose of the act
considered as a whole. In the Reflector Law, clearly the legislative objective is public
safety.
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Penalizes something that is not included in the law that created it (fisheries
law)
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Ad. 84 goes beyond the fisheries law: added the criminalization of electro
fishing
What cannot be delegated is the authority under the Constitution to make laws and to
alter and repeal them; the test is the completeness of the statute in all its term and
provisions when it leaves the hands of the legislature. SC furthered that there lies a
distinction between the (1) delegation of power to make the laws that necessarily
involves a discretion as to what it shall be (law-making powers of the Congress) and
(2) delegation of authority as to its execution to be exercised under and in pursuance
of the law (law-execution powers of administrative bodies). This principle of non-
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Delegation of Legislative Powers: The legislature does not abdicate its function when
it describes what job must be done, who is to do it, and what is the scope of his
authority. The power to make laws and to alter and repeal them CANNOT be
delegated.
Completeness of Law: The law must be complete in all its essential terms and
conditions when it leaves the legislature so that there will be nothing left for the
delegate to do when it reaches him except to execute and enforce it.
Budget Appropriation books of treasury determine the appropriation for debt
Total amount of debt along with interests and other fees standard to be used
For a valid delegation of power, it is essential that the law delegating the power
must be
(1) Complete in itself, that it must set forth the policy to be executed by the
delegate and
(2) It must fix a standardlimits of which are sufficiently determinate or
determinableto which the delegate must conform.
The standard of legislative delegation must be express or implied. If the former, the
non-delegation objection is easily met. The standard though does not have to be
spelled out specifically. It could be implied from the policy and purpose of the act
considered as a whole. What the law intended was to permit the additional imposts for
as long as there exists a need to protect the general public and the petroleum industry
from the adverse consequences of pump rate fluctuations.
With the growing complexities of modern life, the multiplication of the subjects of
governmental regulation, and the increased difficulty of administering the laws, there
is a constantly growing tendency toward the delegation of greater power by the
legislature, and toward the approval of the practice by the courts. As regards the issue
of failing to establish the necessary standards, the court believes that standards have
indeed been set, as can be found in Section 1 of the 1959 Medical Act: the
standardization and regulation of medical education.
RA 2382 created the Board of Medical Education
Standard: standardization and regulation of the Medical education: power to
determine and prescribe requirements for the admission into Med schools
Order 52: creation of NMAT for standardization
OPSF Created by Marcos reimburse oil companies of the changes in the price to
stabilize prices for consumers
Guingona v. Carague
Oil Producers -> Market forces change prices -> imported to Philippines
Viola vs. Alunan
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Local Government Code provides National Liga authority to create positions, as it
may deem necessary.
by the President. The court cited Wayman vs. Southward: The power to ascertain
facts is such a power which may be delegated. There is nothing essentially legislative
in ascertaining the existence of facts or conditions as the basis of the taking into effect
of law The ground for this that legislature has determined that under given
circumstances, certain executive or administrative action is to be taken and that under
other circumstances, different or no action at all is to be taken. What is left to the
administration is not legislative determination of what public policy demands but
simply an ascertainment of what the facts of the case require to be done according to
the terms of the law by which he is governed.
Chiongbian v. Orbos
Public Health sufficient guideline. There is a valid exercise of police power if (a)
public interest requires state interference, and (b) the means employed are necessary
to the attainment of such objectives. in this regard the interests of the
owners/operators of the CBBs must give way to the higher interest of the people.
President given power to merge the remaining regions: sufficient standard: efficient
administration implied in another law
Rodrigo vs. Sandiganbayan
Bayan v. Ermita
DBM given authority to fill in the details of the salary grade, classification
BP No. 880 permits for rallies: issued by the Mayor, clear and present danger standard
for issuance
The delegation to the mayors of the power to issue rally permits is valid because it is
subject to the constitutionally-sound clear and present danger standard.
Abakada v. Ermita
Vat 10% to 12%, following certain criteria
President, through the Secretary of Finance, given criteria to ascertain facts of the
situation in relation to the implementation of the increase. The case is not a delegation
of legislative power but a delegation of ascertainment of facts upon which the
enforcement and administration of the increase rate under the law is contingent. The
legislature has made the 12% rate contingent upon a specified fact or condition, which
is outside of the control of the executive. Thus, there is no discretion that is exercised
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Revenue targets given by DBCC; employees covered by the civil service commission
and contracts of the employees
UNDUE DELEGATION
Probation Act will only be applied to provinces which provide salaries for probation
officers
Implementing rules cannot add or detract from the provisions of law it designed to
implement.
Not complete in itself w/n having probation officers under discretion of the
provincial board
EO No. 51 (Milk Code) legislative power under freedom consti: Pres. Aquino
WHO promote the use of breastmilk; Milk Code promote the use of breastmilk;
DOH
The penalty must not be left to the administrative agency, but must be provided by
statute.
International law Soft Law and hard Law: WHO soft law, regulation: has to be
enacted into local regulation before it becomes binding
International soft law must first be enacted into a local regulation before it can be
followed by any agency
Milk Code provides the local enactment of the soft law and it is what should have
been followed
ABAKADA vs. Purisima
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BIR and BOC System of rewards RA 9335, section 12: creation of the Joint
Congressional Oversight Committee for approval of IRR of the RA.
2 phases: trasition
20% composition : merely a ceiling, not mandatory to fill in all seats: merely reserved
for PLR
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Party-list representative
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AKLAT re-disqualified: did not meet qualifications mentioned in the bagong bayani
case
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Section 6
Bengson vs. COMELEC
Domicile- the place where a party actually of constructively has his permanent home,
where he, no matter where he may be found at any given time, eventually intends to
return and remain
The fact that a person registered as a voter in one district is not proof of his domicile
in the said district.
Less than one year residency prior to date of elections; lease of a house not
permanent: disqualified. The place where a party actually or constructively has his
permanent home, where he, no matter where he may be found at any given time,
eventually intends to return and remain, i.e., his domicile is that to which the
Constitution refers when it speaks of residence for the purposes of election law.
BP Blg. 881 forfeiture or voluntary giving up of ones tenure, due to the act of filing
of certificate of candidacy.
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Vacancy in senate: RA 7166: permanent vacancy at least one year before expiration
of the term, shall call and hold a special elections, but in case of vacancy in senate,
special election will be held simultaneously with the next regular elections.
Special elections can coincide with regular elections
Ocampo vs. HRET
2nd placer cannot take the place of a disqualified first placer
Salaries
The salaries of members of the Senate is governed by Article VI of the Constitution as
follows:
Sec. 10. The salaries of Senators and Members of the House of Representatives shall
be determined by law. No increase in said compensation shall take effect until after
the expiration of the full term of all the members of the Senate and the House of
Representatives approving such increase.
Sec. 20. The records and books of accounts of Congress shall be preserved and be
open to the public in accordance with law, and such books shall be audited by the
Commission on Audit which shall publish annually an itemized list of amounts paid to
and expenses incurred for each Member.
It must be noted that in accordance with the above provisions, there is no prohibition
against the receipt of allowances by the members of Congress. The second section, on
the other hand, seeks to avoid the recurrence of the abuses committed by the members
of the Old Congress in allotting themselves fabulous allowances the amount of which
they refused to divulge to the people. It is now provided under the Constitution that
the books of accounts of Congress shall be open to public inspection and must be
audited by the Commission on Audit. Moreover, every member of Congress itemized
expenditures, including allowances, shall be published annually for the information of
the people.
It is interesting to note that the Constitution in Section 17, Article XVIII, provides the
corresponding salaries of Senators, to wit:
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Until the Congress provides otherwise, the President shall receive an annual salary of
three hundred thousand pesos; the Vice-President, the President of the Senate, the
Speaker of the House of Representatives, and the Chief Justice of the Supreme Court,
two hundred forty thousand pesos each; the Senators, the members of the House of
Representatives, the Associate Justices of the Supreme Court, and the Chairmen of the
Constitutional Commissions, two hundred four thousand pesos each; and the
Members of the Constitutional Commissions, one hundred eighty thousand pesos
each.
However, under Joint Resolution No. 1, the salaries of the members of the Senate is
increased to salary grade 33 with monthly equivalent rate of P35,000.00. The Senate
President, on the other hand, is raised to salary grade 34 with a monthly basic salary
of P40,000.00.
Section 11: Immunity of arrest
punishable by more than six years imprisonment; while congress is in session 4th
Monday of july (SONA) and ends 30 days before the next session (compulsory
recess), with small recesses in between.
People vs. Jalosjos
Conviction of more than 6 years imprisonment immunity not applicable
Elected by constituents even though he was already convicted.
Trillanes vs. Pimentel
No person charged by capital offense or offense punishable by reclusion perpetua
shall be admitted to bail when evidence of guilt is strong.
Capacity to carry out his duties while in prison.
Jimenez vs. Cabangbang
Libelous letter: not in the exercise of his duties
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Though, it was not libelous against the petitioners, only alleges that they were
unwitting tools, not that they were the planners themselves.
RA 8240 passed in congress not in accordance with house rules: arroyo still had
questions regarding the bill but it was still passed: no calling of the yeas and nays.
Internal rules violated not in court jurisdiction only the house can determine its
rules and punish its members
Privilege speech accusing Pres. Garcia of bribery -> house comitte to investigate ->
House resolution # 175 declaring him guilty of disorderly behavior and suspension for
15 months
Although exempt from prosecution or civil action for words uttered in congress,
members may be questioned in CONGRESS ITSELF.
Disorderly behavior the house has exclusive power and the court has none.
Avelino vs Cuenco
Adjournment -> proclamation of new senate president and session continued with
only 12 members present
Santiago charged with graft and corruption for allowing aliens to stay in Phils.
Quorum majority of the house instead of majority of all the members of the
house
US vs. Pons
Pons charged under Act 2381 anti-opium importation
Act 2381 said to have been passed after last day of session: according to the
journals, clock was stopped at 12 midnight: law passed valid
Compulsion to attend: jalosjos saying that he could be persuaded for being unable to
attend session: not reason for release
Casco vs Gimenez
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Urea and formaldehyde vs urea formaldehyde (as written in the law passed)
Wording of the law urea formaldehyde: error in the printing
Between the journals and the enrolled bill: enrolled bill prevails
= amendments made but not included in the bill signed by the president
Senate president and Chief Executive: had already withdrawn their signatures:
invalidates the law
Pre-proclamation cases not allowed for president, vp, senators and members of HoR
Aquino vs COMELEC
Electoral tribunal does not assume jurisdiction until the winning candidate has been
proclaimed and has taken his oath of office
But law must be struck down as it violates the equal protection of the law, in regards
to the removal of franking privileges of the judiciary
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HRET exclusivity in jurisdiction over election contests relating to its own members.
Aggabao vs COMELEC
Abbas vs SET
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Arnault vs Nazareno
The materiality of the question must be determined by its direct relation to the subject
of the inquiry and not by its inherent relation to any possible or proposed legislation.
(Answer might be the basis if the subject is to be made the subject of legislation.)
Remedy: Sec 21: habeas corpus petition vs. sec 22: questions to be submitted
beforehand and executive session
Voluntary with consent of the President, or upon the request of the house
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Section 23: congress sole power to declare the existence of a state of war, but may by
law authorize president for a limited time, to exercise powers necessary and to carry
out a declared national policy.
Lawless violence, invasion or rebellion either suspend writ of habeas corpus or
declare martial law.
In line with David vs. Arroyo gr. no. 171396 (re BP 1070)
Section 24: origin of money bills, private bills and local application
Appropriations specific sum of money appropriated for departments for the
performance of their functions
Revenue bills raising taxes
Tariff bills raises revenue from importation and exportation of goods
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Bills authorizing increase of public debt
Incidental advantage to the public or to the state, which results from the promotion of
private interest and the prosperity of private enterprises or business, does not justify
their aid by the use public money.
Brillantes vs COMELEC
It is the bill that has to originate from the HoR, not the law itself.
Appropriation in the GAA for modernization of Election system; not for quick count
HoR and Senate equal = has power to propose amendment, even through substitution.
Guingona vs Carague
originate exclusively from the HoR, but Senate may propose and concur with
amendments.
Alvarez vs Guingona
The filing in the Senate of a substitute bill in anticipation of its receipt of the Bill of
the House, does not contravene the constitutional requirement that a bill of local
application should originate from the House of Representatives, for as long as the
Senate does not act thereupon until it receives the House Bill.
3rd law should have applied, but applicable provision was invalidated due to its
insertion in the Appropirations Act.
In order that a provision or clause in a general appropriations bill may comply with
the test of germaneness, it must be particular, unambiguous, and appropriate.
Atitiw vs Zamora
Appropriate when its subject matter does not necessarily have to be treated
in a separate legislation.
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Philconsa vs Gimenez
It has been the general disposition of the court that the constitutional provision
involving the one title one subject rule should be construed liberally, in favor of the
validity of the statute.
Demetria vs Allba
The president cannot indiscriminately transfer funds without regard as to whether or
not the funds to be transferred are actually savings in the item from which the same
are to be taken, or whether or not the transfer is for the purpose of augmenting the
item to which said transfer is to be made.
Liga vs. COMELEC
Philconsa vs Enriquez
2.
fairly appraise the people, through such publication of legislation that are
being considered, in order that they may have the opportunity of being heard
thereon by petition or otherwise, if they shall so desire.
Chief of Staff cannot be delegated power to augment: only for those enumerated in
the constitution.
The requirement that the subject of the act shall be expressed in its title is not a mere
rule of legislative procedure; it is MANDATORY. It is the duty of the court to declare
void any statute not conforming to the constitutional provision.
Sanchez vs COA
Alalayan vs NPC
If the object of the law is to amend a previous legislation, it will suffice if the title
gives reference to the amended law.
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The primary purpose of the one subject-one title rule is to prohibit duplicity of
legislation, the title of which might completely fail to appraise the legislators or the
public of the nature, scope and consequences of the law or its operation. -> every
presumption fails its validity
Where there is doubt as to the insufficiency of either the title or the Act, the
legislation should be sustained.
Tio vs Videogram Regulatory Board
Art. VI, Sec. 26 is sufficiently complied with if the title is comprehensive enough to
include the general purpose to which a statute seeks to achieve.
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It is satisfied if all the parts of the statue are related to, and are germane to the subject
expressed in the title, or as long as they are not inconsistent with and foreign to the
general subject and title. PRACTICAL rather than TECHNICAL construction.
Every statutes has in its favor the presumption of validity: grounds for nullity must be
beyond reasonable doubt. (This also goes for one title-one subject rule).
Section 27: Procedure in Law-making
Arroyo vs De Venecia
The title need not be an index of the body of the act, or be comprehensive as to cover
every single detail of the measure. It need only that all provisions in said act should be
germane to the subject thereof.
No rule of the House of Representatives has been cited which specifically requires
that in case involving the approval of a conference committee report, the Chair must
restate the motion and conduct a viva voce or nominal voting.
Tobias vs Abalos
The constitution does not require that the yeas and nays of the Members be taken
every time a House has to vote, except only in the ff circumstances: 1) upon the last
and third readings of the bills; 2) at the request of 1/5 of the members present; and, 3)
in repassing a bill over the veto of the president.
A liberal construction of the one title-one subject rule has been invariably adopted by
the court so as not to impede or cripple legislation.
Tatad
vs
DOE
The title of a law need not mirror or fully index or catalogue all the contents or
provisions of the said law.
Abakada vs Ermita
It is within the power of a conference committee to include in its report an entirely
new provision that is not found either in the House bill or in the Senate bill. If the
committee can propose an amendment consisting of one or two provisions, there is no
reason why it cannot propose several provisions, collectively considered as an
amendment in the nature of a substitute, so long as such amendment is germane to
the subject of the bills before the committee.
De Guzman vs COMELEC
Purpose of section 26: 1) prevent hodge-podge or log-rolling legislation; 2) to prevent
surprise or fraud upon the legislature by means of provisions in bills of which titles
gave no info, and which might therefore be overlooked and carelessly and
unintentionally adopted; and, 3) to fairly appraise the people through such publication
of legislative proceedings as is usually made, of the subjects of legislation that are
being considered, in order that they may have opportunity of being heard thereon by
petition or otherwise if they so desire.
Section 26 is said to have been complied with if the title is comprehensive enough to
embrace the general to embrace the general objective it seeks to achieve: presumption
is in favor of validity.
Cawaling vs COMELEC
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The president cannot set aside or reverse a final and executory judgment of the court
through the exercise of the veto power, nor can she enact or amend statutes
promulgated by her predecessors, much less to repeal existing laws.
Philconsa vs Enriquez
Where the veto is claimed to have been made without or in excess of the authority
vested in the President, the issue of an impermissible intrusion of the Executive into
the Legislative domain arises.
Section 28: Taxation
Planters vs Fertiphil
Public purpose is at the heart of a tax law. It is an elastic concept. The inherent
requirement that taxes can only be exacted for a public purpose still stands. When a
tax law is only a mask to exact funds from the public when its true intent is to give
undue benefit and advantage to a private enterprise, the law will not satisfy the
requirement of public purpose. The purpose of the law is evident from its text or
inferable from other secondary sources.
CIR vs Lingayen
A tax is uniform when it operates with the same force and effect in every place where
the subject of it is found. Uniformity means that all property belonging to the same
class shall be taxed alike. (Follows requisites for a valid classification).
Tolentino vs Sec. of Finance
Bengzon vs Drilon
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2) the categorization is germane to achieve the legislative purpose
Bayan vs Zamora
3) the law applies, all things being equal, to both present and future
conditions
4) the classification applies equally well to all those belonging to the same
class.
Under the tax system, the trend is to treat different things differently.
CIRvsCA
All subjects or objects similar must be equally taxed, or put on equal footing both in
privileges and liabilities; no exemptions.
All taxable articles or kinds of property of the same class must be taxed at the same
rate and the tax must operate with the same force and effect in every place where the
subject may be found.
Lung Center vs QC
The exemption extends to facilities which are incidental to and reasonably necessary
for the accomplishment of the main purpose of the charitable or educational (or
religious) institution.
The test of exemption is the use of the property for purposes mentioned in the
constitution.
A charitable institution does not lose its character as such and its exemptions from
taxes simply because it derives income from paying patients, or receivables from the
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MIAA vs Mabunay
Legislative may delegate to the agency the power to provide for the means of
obtaining object of an appropriation but such act cannot go beyond statutes.
Public bidding has been a practice, which is the accepted method of arriving at a fair
price and prevents favoritism and overpricing.
Guingona vs Carague
Constitution does not require exact, specific appropriation made by law.
COMELEC vs. Quijano
No money shall be paid out of the treasury except in pursuance of an appropriation
made by law.
Appropriation must first be made prior to the bidding and creation of contracts, so as
to provide for a guideline regarding the amount that can be used for the specific
enterprise.
Gaston vs Republic Planters Bank
Taxes levied for a specific purpose are considered to be special funds, which is an
exercise of the police power of the state. Once the specific purpose is accomplished or
abandoned, the funds become and are transferred to the general funds of the state.
Revenues collected are to be treated as a special fund, to be administered in trust for
the purpose intended.
Osmena vs. Orbos
Money named as tax but actually collected in the exercise of the police power of the
state may be placed in a special trust account.
Section 30: Appellate Jurisdiction of the Supreme Court
First Lepanto Ceramics vs CA
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The provision is intended to give the SC a measure of control over cases placed under
its appellate jurisdiction.
Philconsa vs Enriquez
Webb vs De Leon
Diaz vs CA
Fabian vs Disierto
A law is invalid when it increases the appellate jurisdiction of the court without its
advice.
Villavert vs Desierto
The powers of the president are not limited to those enumerated in the constitution:
residual powers
Tirol vs COA
Cabrera vs Lapid
"
SBMA vs COMELEC
Defensor-Santiago vs COMELEC
Lambino vs COMELEC
Article VII
Power to enter into contracts except for property under public dominion
"
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Right of every state to regulate the entry of persons into their country: deportation part
of executive power
Chavez vs. PCGG
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generally are shieled from civil damages insofar as their conduct does not violate
clearly established statutory or constitutional rights a reasonable person would have
known.
US vs. Nixon
The President of the United States is entitled to absolute immunity from damages
liability predicated on official acts. Some public servants are granted immunity from
suits for money damages arising out of their official acts so as to enable them to
perform their designated functions effectively without fear that a particular decision
may give rise to personal liability. The societal interest in providing such public
officials with the maximum ability to deal fearlessly and impartially with the public at
large as an acceptable justification for official immunity. The point of immunity for
such officials is to forestall an atmosphere of intimidation that would conflict with
their resolve to perform their designated function in a principled fashion. However, as
much as some public officials including the President, may be granted immunity, it
does not apply to unofficial conduct. Immunities are grounded in the nature of the
function performed, not the identity of the actor who performed.
Gloria vs. CA
Immunity from suit for the president, not for cabinet members.
Estrada vs. Disierto
President may waive immunity from suit. The only person who can invoke immunity
is the president himself.
Though incumbent presidents are immune from suit DURING their tenure, this
immunity does not extend BEYOND their tenure. Additionally, the charges filed
against Erap are criminal in nature, and the SC cannot wrap him in post-tenure
immunity from liability. It would then circumvent the general application of laws to
him.
The President, during his tenure of office or actual incumbency, may not be sued in
any civil or criminal case, and there is no need to provide for it in the Constituion or
law. It will degrade the dignity of the high office of the President, the Head of State, if
he can be dragged into court litigations while serving as such. Furthermore, it is
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important that he be freed from any form of harassment, hindrance or distraction to
enable him to fully attend to the performance of his official duties and functions.
Unlike the legislative and judicial branch, only one constitutes the executive branch
and anything which impairs his usefulness in the discharge of the many great and
important duties imposed upon him by the Constitution necessarily impairs the
operation of the Government. However, this does not mean that the President is not
accountable to anyone. Like any other official, he remains accountable to the people
but he may be removed from office only in the mode provided by law and that is by
IMPEACHMENT.
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forcibly characterized by Chief Justice Taft of the Supreme Court of the United
States, "each head of a department is, and must be, the President's alter ego in the
The constitution provides that Congress has the power to promulgate its rules
concerning the canvassing of votes for the presidency and VP.
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Ex-officio capacity not entirely different from current duties and functions;
incidental to their office
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Ex-officio capacity no compensation for the executive who acts as such, nor do their
representatives.
Bitonio vs. COA and Amnesty intl vs. COA
Representatives designated by ex-officio members are not exempted from the law: the
designation is an imposition only of additional duties, and does not confer any legally
demandable rights.
Doromal vs. Sandiganbayan
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Participation in a contract with the government, though indirect, is still prohibited: but
accused is entitled to investigation and rights conferred by the law.
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There are two kinds of appointments directed against by the appointment ban in Sec.
15, Art. 7: (1) those made for vote-buying and (2) those made for partisan politics.
Midnight appointments such as the appointments in question are made in
consideration of partisan politics to influence the outcome of the elections. The only
appointments that are exempted from the ban are vacant executive positions that will
prejudice public interest.
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and Associate Commissioners, is P.D. 223, Section 2, which provides that the
Commissioner and Associate Commissioners of the PRC are "all to be appointed by
the President for a term of nine (9) years, without reappointment, to start from the
time they assume office .
Quinto-Deles vs. CA
Appointment of sectoral representatives need CA confirmation.
Pobre vs. Mendienta
This provision empowers the President to appoint "those whom he may be authorized
by law to appoint." The law that authorizes him to appoint the PRC Commissioner
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As head of executive department, he may delegate some of his
powers to the Cabinet except when he is required by the
Constitution to act in person or in the exegencies of the situations
demand that he act personally
The NBI is under the Department of Justice and since the Secretary of Justice
acts as alter ego of the President, his orders must be followed by the Director
of the NBI.
Acts of the alter egos of the President are acts of the President himself unless
disapproved or reprobated by the Chief Executive.
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after final judgment of conviction no appeals: if pardon is applied for, it shall not
be processed pending an appeal. The judgment must fist be final.
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Drilon vs. CA
Once a person has been pardoned, or has served his sentence, his case can no longer
be reopened and reinvestigated.
Torres vs. Gonzales
The acceptance of a conditional pardon, carried with it the authority or power given to
the President to determine whether the condition of the pardon has been violated. To
no other department of the Government has such power been entrusted or delegated.
Such act of the President is not subject to judicial scrutiny.
There are only two limitations on the pardoning power of the executive: that the
power be exercised after conviction (final judgement) and that such power does not
extend to cases of impeachment. Pardon was granted to Santos after he has served his
sentence and his case was not that of impeachment. Thus, the pardoning power of the
executive cannot be restricted by legislative action. An absolute pardon blots out not
only the crime committed but removes all disabilities resulting from conviction.
Often, imprisonment is not the only punishment when one goes against the law but
punishment also comes in the form of accessory and resultant disabilities. When
pardon is granted after the term of imprisonment has expired, absolute pardon
removes all that is left of the consequences of conviction.
People vs Cassido
Amnesty granted to classes of persons guilty of political offenses, instituted before
or after criminal prosecution or even after conviction.
Monsanto vs. factoran
The president may grant clemency for administrative cases in the executive branch:
the constitution does not distinguish between criminal and administrative cases.
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executive agreements or exchange of notes or otherwise begin, may sometimes be
difficult of ready ascertainment.
Pharmaceutical vs. DOH
Non-customary laws need to be transformed into local legislation before it can be
binding: ratification and concurrence of Senate.
The power conferred on this court is exclusively judicial, and it cannot be required or
authorized to exercise any other. . . . Its jurisdiction and powers and duties being
defined in the organic law of the government, and being all strictly judicial, Congress
cannot require or authorize the court to exercise any other jurisdiction or power, or
perform any other duty And while it executes firmly all the judicial powers
entrusted to it, the court will carefully abstain from exercising any power that is not
strictly judicial in its character, and which is not clearly confided to it by the
Constitution.
Article VIII
Section 1: Judicial Power
Furthermore, the prerogatives of this court which the Constitution secures against
interference include not only the powers to adjudicate cases but all things that are
REASONABLY necessary for the administration of justice. The purchase of the
necessary equipment would contribute to a more effective judiciary. Lastly, these are
implied and incidental powers that are as essential to the existence of the court as the
powers specifically granted to it.
In re Laureta
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The Court's authority and duty under the premises is unmistakable. It must act to
preserve its honor and dignity from the scurrilous attacks of an irate lawyer, mouthed
by his client, and to safeguard the morals and ethics of the legal profession.
date can be postponed, even in sentences of death. Under the common law this
postponement can be ordered in 3 ways: (1) by command of the King (2) by discretion
of the court (3) by mandate of the law.
In re Borromeo
Judges must be free to judge, without pressure or influence from external forces or
factors. They should not be subject to intimidation, the fear of civil, criminal or
administrative sanctions for acts they may do and dispositions they may make in the
performance of their duties and functions. Hence it is sound rule, which must be
recognized independently of statute that judges are not generally liable for acts done
within the scope of their jurisdiction and in good faith. The Court has repeatedly and
uniformly ruled that a judge may not be held administratively accountable for every
erroneous order or decision he renders. The exercise of the power of contempt of the
court is valid.
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US vs. Nixon
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The mere assertion of an intra-executive dispute does not defeat federal jurisdiction.
Furhtermore the attorney general had conferred upon the special prosecutor the unique
tenure and authority to represent the US and with this explicit power to contest the
invocation of executive privilege in seeking evidence deemed relevant to the
performance of his duties. Actions of the prosecutor are well within the scope of this
express authority seeking specified evidence, which are admissible and relevant ot the
criminal case at hand. Thus the issue is of a type considered traditionally justiciable,
the fact that both officers are of the exec branch does not bar this.
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determine whether or not there has been grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch or instrumentality of the
government. The courts, as guardians of the Constitution, have the inherent authority
to determine whether a statue enacted by the legislature transcends the limit imposed
by the fundamental law. Where a statute violates the Constitution, it is not only the
right, but the duty of the judiciary to declare such null and void. The petitioner is not
assailing the wisdom of the law, but its constitutionality. Therefore, there is a
justiciable controversy.
Telebap vs. Comelec
A justiciable controversy has arisen as GMA allaged that said law violates its rights
against deprivation of property without just compensation and that it has sustained
millions of pesos in damages resulting therefrom.
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amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of government. The judiciary has focused on the thou shall nots of
the Constitution.
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Petitioners, as citizens, possess the public right to ensure that the national patrimony
is not alienated and diminished in violation of the Constitution. Since the
government, as the guardian of the national patrimony, holds it for the benefit of all
Filipinos without distinction as to ethnicity, it follows that a citizen has sufficient
interest to maintain a suit to ensure that any grant of concessions covering the
national economy and patrimony strictly complies with constitutional requirements.
Thus, the preservation of the integrity and inviolability of the national patrimony is a
proper subject of a citizens suit.
In addition, petitioners, as taxpayers, possess the right to restrain officials from
wasting public funds through the enforcement of an unconstitutional statute. It is
well-settled that a taxpayer has the right to enjoin public officials from wasting public
funds through the implementation of an unconstitutional statute, and by necessity, he
may assail the validity of a statute appropriating public funds. The taxpayer has paid
his taxes and contributed to the public coffers and, thus, may inquire into the manner
by which the proceeds of his taxes are spent. The expenditure by an official of the
State for the purpose of administering an invalid law constitutes a misapplication of
such funds.
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Hence, any citizen can demand from PEA this information at any time during the
bidding process, but only upon the committees official recommendation (because the
right to info only attaches upon that moment).
The interest of the petitioner in assailing the constitutionality of laws must be direct
and personal. When the proceeding involves the assertion of a public right, the mere
fact that he is a citizen satisfies the requirement of personal interest.
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of a consti/statutory prohibition. On the lack of legal basis, all other cities have each
enacted anti-jaywalking ordinances. Such fact serves as sufficient basis for MMDAs
scheme. After all, the MMDA is an admin agency tasked with the implementation of
rules and regulations. Furthermore, the absence of an anti-jaywalking ordinance in
Valenzuela does not detract from this conclusion because there was no proof that the
MMDA implemented the scheme in that city.
The earliest opportunity is to raise it in the pleadings before a competent court that
can resolve the same.
La Bugal vs. Ramos
The earliest opportunity requirement should not be taken to mean that the question
of constitutionality must be immediately raised after the execution of the act
complained of. That the question of constitutionality has not been raised before is not
a valid reason for refusing to allow it to be raised later.
Mirasol vs. CA
The present case was instituted primarily for accounting and specific performance.
The CA correctly ruled that PNBs obligation to render an accounting is an issue
which can be determined without having to rule on the validity of PD 579. It is not the
lis mota of the case.
a.
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b.
c.
d.
e.
f.
Significantly in the Philippines, since the Constitution empowers the SC to check for
GADLEJ of other branches, the question is not political even if there is the presence
of e and f.
Omena vs. Pendatun
The resolution was unanimously approved by the Congress and such approval
amounted to the suspension of Congress rules, which can be done by unanimous
consent (therefore they can take up matters already dealt with). In conclusion, the
courts may not interfere with internal rules and regulations of the Congress unless
Constitutional rights are violated.
Arroyo vs. De Venecia
The wisdom of house rules (procedure) cannot be judicially determined out of respect
for the separation of powers.
Defensor-Santiago vs. Guingona
The Senate may determine its rules when it comes to voting for the minority leader as
it is not constitutionally provided for. Only the manner of electing the Senate
President and House Speaker is provided for in the Constitution. Each House shall
choose such officers as it may deem necessary.
ICMC vs. Calleja
The determination of immunities accorded to international organizations has been
held to be a political question conclusive upon the courts in order not to embarrass a
political department of the Government. If a plea of diplomatic immunity is
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recognized by the executive, it is the duty of the courts to accept the same. These
organizations are granted immunities to prevent! control or interference from the local
host government (unimpeded performance).
Tanada vs. Angara
Where an action of the legislative branch is alleged to have infringed the
Constitution, it becomes the judiciarys duty to settle the dispute. The Constitution
must be upheld. The SC stresses, though, that the Court will not review the wisdom
(reasons why) the Senate concurred in the WTO agreement or pass upon the merits of
trade liberalization as a policy espoused by the WTO. It will also not rule on the
propriety of the governments policy of removing taxes, subsidies and other import
barriers. It will only check if Senate committed GADLEJ/violated the Constitution in
ratifying the WTO agreement.
Garcia vs. Corona
The court is bound to respect the legislative finding that deregulation is the policy
answer to the problem of high oil prices.
Liang vs. People
Slandering a person could not be covered by the immunity agreement because our
laws do not allow the commission of a crime (defamation) in the name of an official
duty. The imputation of theft cannot be part of official functions. Under the Vienna
Convention on Diplomatic Relations, a! diplomatic agent, enjoys immunity from crim
jurisdiction of the receiving state except in the case of an action relating to any
commercial/professional activity exercised by the agent in the receiving state outside
his official functions.
De Agbayani vs. PNB
This is merely to reflect awareness that precisely because the judiciary is the
governmental organ which has the final say on whether or not a legislative or
executive measure is valid, a period of time may have elapsed before it can exercise
the power of judicial review that may lead to a declaration of nullity. It would be to
deprive the law of its quality of fairness and justice then, if there be no recognition of
what had transpired prior to such adjudication. The actual existence of a statute, prior
to such a determination [of unconstitutionality], is an operative fact and may have
67!
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consequences which cannot justly be ignored. The past cannot always be erased by a
new judicial declaration.
In Re: Cunanan
Congress may repeal, alter and supplement the rules promulgated by the SC but the
authority and responsibility over the admission of attorneys remain vested in the SC.
In Re: Agrosino
The practice of law is a personal privilege limited to citizens of good moral character,
with special educational qualifications, duly ascertained and certified.
Javellana vs. DILG
These merely prescribe rules of conduct for public officials to avoid conflicts of
interest between the discharge of public duties and the private practice of law, and do
not infringe on the SCs power and authority to promulgate rules regarding the
practice of law.
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right of an accused in a prelim investigation to cross examine the witnesses who had
given evidence for his arrest does not offend the Constitution. Prelim investigation is
not an essential part of due process (it may suppressed entirely). Finally,nit is
inevitable that the SC in making rules should step on substantive rights, and the
Constitution must be presumed to tolerate if not expect such incursion as does not
affect the accused in a harsh and arbitrary manner but operates only in a limited and
substantial manner to his disadvantage. It has the power to adopt a general and
complete system of procedure.
Santero vs. CFI of Cavite
A substantive law, gives the surviving spouse and to the children the right to receive
support during liquidation, such right cannot be impaired by the Rules of Court, which
is a procedural rule.
PNB vs. Asuncion
A procedural rule cannot amend a substantive law.
Damasco vs. Laqui
Philippine jurisprudence considers prescription of a crime or offense a loss or waiver
by the State of its right to prosecute an act prohibited/punished by law. While it is the
rule that an accused who fails to move to quash before pleading, is deemed to waive
all objections, yet this rule cannot apply to the defense of prescription, which under
Art 69 of the RPC extinguishes criminal liability.
Carpio vs. Sulu Resources
When the SC, in its exercise of its rule-making power, transfers to the CA pending
cases involving a review of a quasi-judicial bodys decisions [MABs], such transfer
only relates to procedure and it does not impair substantive rights because the
aggrieved partys right to appeal is preserved and what is changed is only the
procedure by which the appeal is to be made or decided.
Land Bank vs. De Leon
A petition for review, not an ordinary appeal, is the proper procedure in effecting
appeal from decisions of Special Agrarian Courts in cases involving the determination
of just compensation to the landowners concerned.
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1987 Constitution took effect on Feb. 2, 1987 (upon ratification by the people)
PCGG continued to operate.
Military Bases: only allowed based on following requisites:
1) a treaty is entered into
2) duly concurred in by the Senate, and when Congress requires, ratified by a
majority of the votes cast by the people in a national referendum for that
purpose
3) the treaty is recognized as such by the other contracting State.
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