CONSTITUITIONAL LAW I POLITICAL LAW Defines the relationship between the state and the inhabitants of territory Branch

of public law which deals with the operation and organization of the governmental of the state (const1) Relationship= Rights and Obligations (consti 2) Branches of Political Law: i. Constitutional Law ii. Election Law iii. Law of Public Offices iv. Administrative Law v. Law of Public Corporations PUBLIC LAW Branch of law which deals with the state, state agencies, an protection of state interest Governs Branches of Public Law: i. Political ii. Criminal (state protects its interest) iii. International PRIVATE LAW Branch of law which deals with the relationship between and among individuals Branches of Private Law: i. Civil ii. Commercial Case: Macariola v. Asuncion Discusses Political Law When there is transfer in sovereignty, public law is automatically abrogated while private law is automatically retained Q: Why is this so? A: Because private law is only concerned with the relationship between and among individuals and not with the state. CONSTITUTIONAL LAW Is the study of the constitution and principles growing out of the interpretations of the provisions of the constitution Subject matter: constitution + interpretation of the provision in the constitution (jurisprudence) Constitution- body of rules and maxims in accordance with the powers of sovereignty are habitually exercised Tells the state how to exercise the power It is considered the limitations Guidelines on how to exercise the power “The power of the state is from the state.”

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Inherent power From the moment the state existed, there is power

Characteristics of Constitution 1. It is a limitation Because it is not the source, it only serves as guidelines on how to go about with the law 2. Doctrine of constitutional supremacy Because it is supreme, all other laws should coincide with it. If not, such law is considered null and void. Case: Manila Prince Hotel v. GSIS Q: If you have a constitutional provision (in the case: The Filipino First Policy) not involved in a contract, can you still apply it? A: Yes, because it is deemed written in every statute and contract for it is the fundamental law of the land (it will prescribe the framework). Kinds of Constitution 1. Written/ unwritten Written, provisions are written at one particular time Written, one whose precepts are embodied in one document or set of documents Unwritten, not putting together provisions on a single document at a single time Unwritten, consist of rules which have not been integrated into a singe, concrete form Q: Can a constitution with written provisions be considered as an unwritten constitution? A: Yes. 2. Rigid/ flexible Rigid, when the manner of changing the constitution is difficult Flexible, when you can easily change it

Q: Is it flexible if it is constantly changing and rigid if never changed at all? A: No. Q: What makes a process difficult? A: It is difficult if you change it not in the way you change an ordinary legislation. AMENDMENT AND REVISIONS Article XVII of the constitution Intention: Revision – intention and plan must contemplate a CONSIDERATION of all the provisions of the constitution to determine which one should be altered or supported or whether the whole document should be replaced with an entirely new one

1|ang el ’s notes CONSTITUTIONAL LAW I

People’s initiative: 12% of registered voters of which every legislative district must be represented by at least 3% of the registered voters therein [note: in proposing. you proceed with the ratification which is done not earlier than 60 days nor later than 90 day after the approval of such amendments (after COMELEC signed it) Our Constitution is patterned internationally 1. Considering the fact that the Lower House comprises more than ¾ of the Congress. it involves alterations of different portions of the entire document Quantity. The petition must state the fact/ reason for such attachment. intelligent and well-informed choice on the matter Q: Assuming you have an enabling law. Constituent Assembly 2. one should follow the ONE SUBJECT rule] Revisions 1. they thought it was still under unicameral provision Q: Is people’s initiative available today? A: People’s is not self executory. not to constitution revisions (only for laws. steps) Ammendments (3) 1.congress shall provided for the implementation Q: How do you propose? A: (Amendments and revisions have diff. ordinances or resolutions Q: How do you know if the process being done is amending or revising? A: Through the quantity and quality test Quality. the draft of the petition should be embodied (it should be at the face of the petition) Q: Is there an alternative way of making a petition? How do you do it? A: Yes. or dangerous or misleading in their effect Q: How are amendments and revisions done? A: Step I: Proposal by the people Step II: Ratification. upon a vote of ¾ 2. you attach your draft. Continental. - When article 17 was finished.Amendment – intention is to IMPROVE specific partsof the existing constitution or to ADD to its provisions deemed essential or to SUPRESS portions of it that seem obsolete. British . (Case: Santiago v. Constituent assembly Same congress not acting as legislative. it is to be specified whether both houses vote jointly or separately. There should be an enabling law. Comelec) Q: Was the decision carried over to Lambino’s case? A: No. In Lambino’s Case There were 105 sections changed (quanti) What they wanted to change was the governmental principle of checks and balances (quali) In this case. how many provisions are to be changed (refers to the number of…) Q: How do you ratify? A: Submitted to the people on a single “election” plebiscite one time Q: Constitutional Assembly is formed by a vote of ¾ of Congress. can you exclude the senate from the ¾ vote? A: For instance that they want the congress to vote jointly. so that people will fully comprehend the meaning and effect of the proposed changes to enable them to make a free. Whether the fundamental principle with which the government is founded of the constitution is changed Revision. inquires into what will be changed. Constitutional Convention RA 6735 – people’s initiative is for national/local legislation amendments only. They have to check if these people are live voters and if they complied the 12% or 3% requirement.written consti but no interpretation of court 2|ang el ’s notes CONSTITUTIONAL LAW I . they weren’t able to show the full contents or laws of the proposed law Q: why should the text be in full and not just an abstract? A: because Art. the matter at hand was a revision rather than amendment.no written constitution 2. Constitutional convention They make a separate body by having a 2/3 votes of all its members 3. how do you go about with People’s Initiative? A: In the petition that you pass. After having the certification from COMELEC. Q: What are the next steps after passing the draft? A: You let the people sign (voters only) You then submit the signatures to COMELEC for them to verify the signatures and to check its sufficiency. because the cases are different. XVII section 2 of the constitution clearly provides that people’s initiative should be DIRECTLY PROPOSED. In Lambino’s case. implies a change that alters a basic principle in the constitution.

Characteristics of funds or other assets is involved in the case JUDICIAL REVIEW Manner of interpretation The power of the courts to declare that a law or executive act is not in accord with the constitution Constitutional Supremacy J L E Judiciary (Courts) Legislative (Congress) Executive (President) They are separate Co-equal Judicial review is not judicial supremacy rather it is constitutional supremacy Article VIII Section I Judicial power includes the duty of the court of justice to settle actual controversies involving rights to which are legally demandable and enforceable.direct injury/ personal injury o Tax payer can file. COMELEC Q: what is judicial review? A: when judiciary mediates to allocate constitutional boundaries. Q: Why is it given to judiciary? A: It is their inherent power by virtue of the doctrine of separation of powers.written consti and interpreted by court (what we follow in the Philippines) supreme court and lower courts.Actual clash of rights . It gives an inferior image to the court if advise is not followed (subverts the ideas of separation of power) 2. There is a presumption of constitutionality . Philippine 3|ang el ’s notes CONSTITUTIONAL LAW I . the judicial department is the only constitutional organ which can be called upon to DETERMINE THE PROPER ALLOCATION OF POWERS between the several departments and among the integral or constituent units thereof Case: Francisco v. House of Representatives Q: Why was the case pursued even if there was no locus standing? (Davide did not pass complain) A: There is an exemption: Transcendental Importance/ Paramount Public Interest Q: when is there a case of transcendental importance? A: There are instructive determinants (comply with one or all) 1.has personal substantial interaction on the case because he has sustained or is in immediate danger of sustaining an injury . Requisites of Judicial Review 1. Actual Case . and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government Two Folds of Judicial Power 1. it ONLY ASSERTS THE SOLEMN AND SACRED OBLIGATION ASSIGNED TO IT BY THE CONSTITUTION to determine conflicting claims of authority. is not just a power but also a duty and it was given as expanded decision to include the power to correct any grave abuse of discretion on the part of government branch/instrumentality.Case or controversy requirement . Case: Marbury vs. American. Danger of taxing the people because of entertaining hypothetical cases 3. Settlement of Actual Controversies 2. judicial review is merely an expression of the supremacy of the constitution. Q: Is judicial review judiciary supremacy? A: No. Determination of whether there is grave abuse of discretion Judicial review is part and parcel of Judicial Power (power is broader) Judicial Review is limited in knowing if law or executive act is not in accordance with constitution.Not abstract/ hypothetical question/ moot . In case of CONFLICT. While the power of judicial review is only impliedly granted to the US supreme court and is discretionary in nature. Court only declares the unconstitutionality of law/executive order.It takes more than a hypothesis to override it 2. as expressly provided for in the constitution.Test: Personal Injury/ Direct Injury . Madison Q: Is the theory of judicial review in US the same here in the Philippines? A: No.allowed to sue to question the validity of an official action which he claims infringes his prerogative as a legislator Case: Angara vs.should NOT be generalized interest o Citizen can file.issue should be on disbursement of public funds o Legislative can file.Conflict of legal rights Q: Why is there a danger in giving counsel or suggestions on hypothetical cases? A: 1. Proper Party .3.

If there are two issues. Symbolic (Case: Salonga vs. Q: How do you determine a TRULY POLITICAL question from a nonjusticeable political question? A: You ask whether there are CONSTITUTIONALLY imposed limitations on powers or functions conferred upon political bodies. there should be no other issues which the court can decide on . The question asked on the case at hand was the legality of the resignation. IAC Q: What courts can exercise judicial review? A: Article VIII Section (in connection to Section 5) All courts have the power for judicial review Courts: - Deals with the issue of legality or constitutionality What we present to the courts are legal questions Courts cannot decide on “questions of wisdom” Plaintiff/ petitioner Initiates the whole process through complaint or petition Defendant/ respondent Receives the allegation and give answer/ comment “Beneficial and Wise”. Arroyo a political case? A: No. 4. Nograles) Transcendental Importance is Subjective to the courts 3. then our courts are DUTY-BOUND to examine whether the branch or instrumentality of the government acted within such limits Q: Is Estrada vs. Pano. Checking (Case: Osmena vs. Ocenar vs. COMELEC. Legitimizing (Case: Osmena vs. Necessity of Deciding Constitutional Question . Ocenar vs. CQ raised at the Earliest Opportunity Q: Why is there a need to raise CQ on the earliest opportunity? A: So that it will not be unfair to the defendant.If you want the court to decide on constitutional grounds. It is not an open invitation for the ignorant and the ignoble to file petitions that prove nothing but their cerebral deficit. Javier vs. If there are. Q: What is the definition of Political Question? A: Baker v.questions referring to these matters are policy statements On this.provided for in the constitution Fact: Estrada was thought to have resigned on the basis of the diary of Angara.2. Arroyo Tenure vs. COMELEC. decision is made by the people. C. COMELEC) 4|ang el ’s notes CONSTITUTIONAL LAW I . Cuenco: Political Questions refer to those questions which. courts hold the decision of whether they will allow transcendental importance: such liberality is not to be abused. COMELEC) . COMELEC) .This invalidates a law or executive acts that is found to be contrary to the constitution 2.This upholds the validity of the law that results from a mere dismissal of a case challenging the validity of the law 3. because with regards to the issue of resignation. (Case: Lozano v. Term Tenure. you call for the provisions in the constitution.an unavoidable question Functions of Judicial Review 1. and Ynot vs. Carr (refer to case) opposing Tañada v. that is why this decision is given to people elected in office (branches) Case: Estrada vs. The lack of any other party with a more direct and specific interest in raising the question being raised However.Court will not disregard and in effect condone wrong on the simplistic and tolerant pretest that the case has become moot and academic) Case: Juason vs. Q: Why do courts do not decide on political questions? CQ cannot just be an afterthought much more is a moot and academic issue except if it is a case capable of repetition yet evading review.This educates the bench and bar as to the controlling principles and concepts or matters on grave public importance for the guidance of and restraint upon the future .A. Q: What is an example of a political question? A: Pardon given to the convicted as it is a discretion of the president.term of service Term. under the constitution are to be decided by the people in their sovereign capacity or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government. Clear disregard of a constitutional/ statutory prohibition by the public respondent agency or instrumentality of the government 3. court will not cling on the issue of constitutionality Purposeful Hesitation To veer away on the issue of constitutionality for the issue of respecting the wisdom of legislative and executive body To doubt is to sustain! Lis mota. .

because we follow the constitutive theory. You can only go to court if “what you have” is anchored on law/constitution (legally demandable and enforceable) Concepts of Judicial Power 1. the issue of whether the prescribed qualifications or conditions have been met or the limitations respected Q: Why did the 1987 Constitution made “grave abuse of discretion” a justiceable question? A: Because during the martial law era. No one can criticize the judiciary. GRP BJE cannot stand because you are forming a state and there cannot be a state within a state. there was so much grave abuse of discretion where solicitor general’s defense to such cases is “it is a political question” and got away with it. Q: How do you measure grave abuse? A: If discretion has been exercised whimsically. The difference of the judiciary and the leg/exec body is that the voters have the prerogative to elect/reelect a candidate for leg/exec body. Discretion. capriciously… Bottom line is it is subject to the discretion of the court receiving it.A. Traditional. 5|ang el ’s notes CONSTITUTIONAL LAW I . NATION State is a legal concept while nation is only a racial or ethnic concept STATE VS. Because theoretically. Q: What is/are the disadvantage of our judiciary looking out for discretion issues? A: There is an implicit caution of judicial supremacy. Issue on Economic Policy (Prosperity) Judiciary will hesitate and exercise judicial restraint Issue on Liberty Judicial activism Philippines. You can settle issues in court and not in the streets. Constitutive. STATE VS.determine whether or not there has been a grave abuse of discretion amounting to lack or excess jurisdiction on the part of any branch or instrumentality of the government.justiceable issue: when the grant of power is qualified. Article VIII: Judicial Department Courts cannot say: they do not want to decide your case because their power to decide is their duty. maliciously. they reflect what people think is wise.settlement of controversies 2. Q: What is the effect of declaring a law unconstitutional? A: Use article 7 of the civil code: void as if never written in statute books. there is a consideration on the DOCTRINE OF OPERATIVE FACT STATE Case: The Province of North Cotabato v. the government is its agent Government externalizes the state and articulates its will Q: What makes up a state? A: Group of people Having definite territory Possessed by a government Have a capacity to govern itself (sovereignty) Q: What if you have all the elements to become a state but you are not recognized by the international community. Two theories of state: 1. arbitrarily. conditional or subject to limitations. . This is why we should be vigilant for the grave abuse of judiciary. Expanded/ Certiorari Jurisdiction .first in the world to define judicial power Q: What is/are the advantage of conducting a judicial review? A: Comfort from abuse.you still have to be recognized by the international community TERRITORY: Must be definite. fixed portion of the surface of the earth inhabited by people of the state Article I of the constitution Our territory is defined as the Philippine archipelago + all other territories over which Philippines has sovereignty/ jurisdiction. courts do not decide on political questions for they are not elected by the people. GOVERNMENT State is the principal. They can only be changed through the tedious procedure of impeachment. The executive and the legislative are the ones voted by the people so you give them the right to tackle issues of wisdom. Declarative.A: Aside from the fact that if doing so would subvert the idea of separation of power.D.for as long as you have the elements 2. can you be called a state? A: Yes. it is hard to change the people that compose the judiciary. However. However. traditionally is a political question and is off limits to courts -1987 Constitution changed it: G.

2. the lapse of 14 years form the age of majority is clearly way beyond the contemplation of the requirement of electing “upon reaching the age of majority. and connecting the islands of the archipelago.” Moreover. People were called then as SPANSIH SUBJECTS Q: Was there a point in time in Philippine History when Jus Soli was practiced? A: Yes. also commonly referred to as the Philippine Organic Act of 1902. it is settled by international law. as when the person concerned has always considered himself a Filipino In the case of Ching. Ching Q: If you were born before of a Filipina mother and an alien father before the effectivity of the 1973 Constitution. regardless of their breadth and dimension. fluvial… Archipelagic Doctrine of Territoriality Draw straight baseline (outermost point) Look at entire archipelago as a whole so that waters around and between connecting the islands will not be considered as high seas Q: Is there a constitutional provision that supports the Archipelagic doctrine of territoriality? A: Yes. From April 11. form part of the internal waters of the Philippines. 1902 as provided in the Philippine Bill of 1902. between. because Article I of the constitution states that “and all other territories over which the Philippines has sovereignty or jurisdiction.Additional info: UN Convention on the Law of the Sea (Article 46) Archipelago: group of islands. However… No one state can dictate another state. interconnecting water and other natural features which are so closely interrelated that such islands. the present rule now physically lists the components of our territory and so de-emphasizes recollection of our colonial past. waters and other natural features from an intrinsic geographical. 1899 to July 1. It serves as a basis or evidence of your claim 2. economic and political entity or which historically have been regarded as such Question asked during bar exam Q: Is the Philippines still claiming kalayaan and “spratley” islands? A: Yes. specifically 3 years after turning 21. 3. Inhabitants – citizens or foreigners alike Citizens Electors or voters 3 Modes of Acquiring Citizenship: 1. Ching has offered no reason why he delayed his election of Philippine citizenship. the first comprehensive legislation of the Congress of the Unites States on the Philippines Case: Re: Application for Admission to the Philippine Bar Vicente D. which described the national territory by reference to the pertinent treaties conducted by the United States during its regime in this country. the last sentence of Article I states that “The waters around. consisting of its terrestrial. COMELEC Q: Was there Filipino Citizens during the Spanish regime? A: No. do the 1973 and 1987 Constitutions recognize such child as a Filipino? A: No. Jus Sanguinis – acquisition of citizenship on the basis of blood relationship 3. citizenship was governed by Jus Soli as it is what and still is the one followed in the United States. 6|ang el ’s notes CONSTITUTIONAL LAW I . Naturalization – the legal act of adopting an alien and clothing him with the privilege of a native born citizen Basic Philippine law follows the rule of jus sanguinis and provides for naturalization Case: Tecson vs. This period may be extended under certain circumstances. customs or standards Q: Why do you have Article I when dispute is not settled by it? A: 1. The article has deleted reference to the territories we claim “by historic right or legal title” PEOPLE Inhabitants of the state Numerous enough to be self-sufficing and to defend themselves and small enough to be easily administered and sustained 3 concepts by which the term PEOPLE is understood in the constitution: 1. Jus soli – acquisition of citizenship on the basis of place of birth 2. unless upon reaching majority the child elects Philippine citizenship pursuant to the 1935 constitution Q: When must election be made? A: It should be made within a reasonable period after reaching majority. Q: When did “Philippine Citizenship” took effect? A: The term “citizens of the Philippine islands” appeared for the first time in the Philippine Bill of 1902. So that people bound by the territory will know their boundaries and be cautious of their limitation 3. Departing from the method employed in the 1935 constitution. So whenever there are disputes.

That during intervening period. becomes ipso facto a Filipina provided she is not disqualified to be a citizen of the Philippines under Section 4 of the same law. The application of for an alien certificate of registration and the holding of Australian passport were mere acts of assertion of the foreign citizenship before effectively renouncing it. COMELEC Q: Who can raise question for disqualification on the basis of citizenship? A: Not anyone can question the citizenship of a person. Moreover. 17. COMELEC Q: Is having an alien passport and applying for an alien certificate tantamount to renunciation of citizenship? A: No. Not left the Philippines ii. section 1 hereof shall be deemed natural-born citizens. native born or naturalized.Must possess all the qualifications and none of the disqualifications . and you elected Filipino citizenship. (Take note: even if you elected.Becomes executor after 2 years form its promulgation .Q: How is election made? A: Election must be expressed in a statement sworn before any officer authorized to administer oaths and filed with the nearest civil registry and accompanied by an oath of allegiance to the Philippine Constitution Q: What are the steps that should be taken by an alien woman married to a Filipino citizen in order to acquire Philippine citizenship? A: Alien woman must file a petition for the cancellation of her alien certificate of registration. Q: Does marriage of a Filipina to an alien means you lose your citizenship? A: No. Has not committed acts prejudicial to the interest of the nation 2. cancelling of the Alien Certificate Registration is needed. the applicant has: i. Section 7 and 8) Case: Mo Ya vs. Has dedicated himself to a lawful calling or profession iii. Repatriation / Administrative 7|ang el ’s notes CONSTITUTIONAL LAW I . because for renunciation to effectively result in the loss of citizenship. an alien woman married to an alien who is subsequently naturalized here follows the Philippine citizenship of her husband the moment he takes his oath as Filipino citizen. an application for an alien certificate of registration does not amount to an express renunciation or repudiation of one’s citizenship. thus you performed an act to acquire citizenship. there are some rights for naturalborn citizens that are not given to naturalized citizens (Article XII. unless by their act or omission they are deemed. Commissioner Q: Does a female alien becomes a Filipino citizen upon her marriage to a Filipino citizen? A: Under Section 15 of Commonewealth Act 473. it is not necessary to have all the qualification but you should not have any of the disqualifications stated in section 4) RA 9139 provides different qualifications compared to CA 473 to become naturalized citizen Naturalization – may be obtained through a general law of naturalization applied though a judicial process Q: Where do you file naturalization for administrative proceedings? A: Not in court but in Special Committee on Naturalization by Solicitor General Case: Limkaichong vs. Moreover. Likewise. an alien woman marrying a Filipino. provided that she does not suffer from any of the disqualifications under said section 4 (Take note: in this case. COMELEC and Mercado vs. 1973 of a Filipino mother and alien father. 3 ways of Reacquiring Philippine Citizenship 1. Naturalization / Judicial: RA 9139 . to have renounced it. HRET Q: What are the ways of acquiring citizenship? A: By birth (natural-born citizens) and by naturalization (naturalized citizens) Natural Born Citizens Are those citizens of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship (Article IV Section 2 of 1987 Consti) Q: If you were born before Jan. It is the State through the Solicitor General who can question. Has not been convicted iv. among other things. that she is married to a Filipino citizen and that she is not disqualified form acquiring her husband’s citizenship Case: Bengson III vs. Case: Valles vs. under the law. Artcile IV section 4 of the 1987 Constitution provides that citizens of the Philippines who marry aliens shall retain their citizenship. Article IV Section 2 further provides that those who elect Philippine citizenship in acordane with paragraph (3). are you a natural born Filipino? A: Yes. In the case at bar in connection with the case of Aznar vs. the same must be express. Manzano. alleging. you are still a natural-born as provided in the 1987 constitution) Q: Why is it important to know if you are Natural-born or not? A: Because natural-born citizens are the only ones allowed to run for constitutional offices.

COMELEC Q: When does the effect of retroactivity of repatriation takes effect? A: It retroacts on the date of filing of application for candidacy In the case of Altarejos. if you are born of Filipino parents in the United States you have dual citizenship) Dual Allegiance – it is a result of an individual’s volition. Service in the Armed Forces of the US at any other time d. because the latest allegiance that you have taken is that of Philippine allegiance. Services in the armed forces in the WWII c. this just means that the burden of dual allegiance is transferred to the foreign country of which you are also a citizen. US – jus soli… Therefore. COMELEC Q: When is the qualification of citizenship be construed? A: Since the law does not specify the particular date or time when the candidate must possess citizenship. its effects retroacted on the day of filing. There are conditions which should be taken into consideration Case: Bengson III vs. It does not necessarily follow that you exercise your right to vote.File the petition for repatriation in the Special Committee of Naturalization … upon approval nd 2 .- The act of repatriation allows a person to recover or return to his original status before he lost his Philippine citizenship Q: Can one choose his or her own way on how to reacquire citizenship? A: No. even if his repatriation was not completed before the filing of candidacy. COMELEC. DUAL CITIZENSHIP VS. (example: Philippines – jus sanguinis. 2003 – reacquisition If you are naturalized after the implementation – retention Q: Is it not that RA 9225 promotes Dual Allegiance? A: No. Court’s argument in the Frivaldo case states that being a registered voter is just to make sure that you are registered in the place where you are going to run for office. This is provided for in Section (2) of RA 9225 8|ang el ’s notes CONSTITUTIONAL LAW I . the court ruled that citizenship qualification must be construed as “applying to the time of proclamation of the elected official and at the start of his term. Q: Can a person who reacquired or retained citizenship through the oath of allegiance run for office? A: No unless he or she should personally renounce the other citizenship (personal and sworn renunciation). making him qualified for the position he was running for. Marriage to a Filipino woman to an alien e. you profess your allegiance by knowing and intending to do so Q: Why is dual allegiance considered inimical to the national interest and shall be dealt with by law? A: based on what happened in Taiwan. Upon taking the oath. worsening unemployment and social trust. DUAL ALLEGIANCE Case: Mercado vs. it does not follow that being a registered voter you are expected to be a Filipino citizen. HRET Repatriation may be had by those who lost their citizenship due to: a. Thus. Dutamanong Q: How do you retain citizenship through RA 9225? A: You take the oath of allegiance provided in Section 3 of RA 9225 Q: How do you reacquire citizenship through RA 9225? A: Also by taking the oath of Allegiance Q: When is RA 9225 used as means of Reacquisition or Retention? A: If you are naturalized before the implementation of RA 9225 or before August 29. Take note: the qualification of Filipino citizenship and registered voter is separated.Take the oath of allegiance in the Local Civil Registry where you last resided … after registering with the LCR rd 3 – File it in the Bureau of Immigration and Deportation (BID) to acquire certificate of repatriation (what completes the process) Case: Altarejos vs. Case: Frivaldo vs. Political economic necessity (this was what was applicable to the case) Q: What are the Steps one should go through in Repatriation? st A: 1 . Desertion of the armed forces b. basis: Frivaldo vs. dual allegiance can mean a tragic capital outflow when the other country would have to endure a capital famine which also means economic stagnation. Case: Calilung vs. Manzano Dual Citizenship – involuntary because it is due to the concurrent application of different laws of two or more states. This however does not mean that you have renounced your foreign citizenship.

SOVEREIGNTY Supreme and uncontrollable power inherent of the state in to govern itself Power of the state to govern persons and things within its territory Q: What are the kinds of Sovereignty? A: 1. Exclusive 3. If we sue the state. because sovereignty is indivisible There is a difference between Sovereignty and Exercise of Sovereignty Exercise of Sovereignty – it is what you give to the foreign or international community when you enter into agreements or when you allow them to control a portion of your territory Q: When you waive a portion of exercise of sovereignty. freedom from eternal control. When the Republic is sued by its NAME (this is only an indicator. Section 3 of the 1987 Constitution) Q: When is a suit one against the state? A: 1. 2. Absolute 5. Comprehensive 4. thus. the case will require the state to give a positive or affirmative action on the part of the state. It is only a suit against the state if in the end. then we sue ourselves (bec. (so it is considered a suit against the state if there is something that you’re asking the state to do for you: Either it will result to disbursement of funds or release of property) Case: Reagan vs CIR Q: Can you give a portion of your sovereignty? (In the case: allowing the US to take control of Clark Field Airbase) A: NO. of the principle of “of the people. is this not diminution of sovereignty? A: No. giving it up means asserting your sovereignty Westphalian Concept of Sovereignty (Jackson) 9|ang el ’s notes CONSTITUTIONAL LAW I . provided that the state gives its consent. no state shall dictate to another state) The principle of non intervention in internal affairs control is manifested through enforcing laws (internal) Right of self determination – no control from other states. Internal (territoriality) – full control of domestic affairs with in its territory 2. PVA Q: Is the case of del Mar a suit against the state? (even if you sue the state with its name) A: No. not a conclusive one) Case: Del Mar vs. What is left to do is the proper disbursement of the funds. Imprescriptible 1. of external aspects. You cannot give up something you don’t have. External (independence) – which is freedom from external control. Legal – authority which has the power to issue final commands 2. (if this is not so then you have a case which is not an actual case) Q: Why can’t you sue the state? A: Philosophy: How can you sue the authority who creates the rights that you exercise… 1. Holmes Philosophy: a sovereign is exempt form suit on the logical and practical ground that there can be on legal right as against the authority that makes the law on which the right depends. 3. can you file a case against the state? A: Yes. Indivisible 6. Case: Providence Washington Insurance Co. there is nothing for the state to do because It already directed the funds. freedom from external control is limited bec. also known as independence OTHER CHARACTERISTICS: 1. In the present case. Westphalian – looks at the state as sovereign (look at the principles) RELATED CONCEPT: DOCTRINE OF NON. (Sociological Basis) 3. The principle of the sovereignty of states and the fundamental right of political self determination (right or control for internal affairs) The principle of legal equality between states (bec. You will need the consent if it is established that the suit you filed is against the state. or the sum total of the influences that operate upon it Q: How does the state governs itself (Characteristics of Sovereignty)? A: 1. It’s the constitution itself that forbids us to sue the state (Article 16. we enter into treaties and stipulations. Republic of the Philippines: “the loss of governmental efficiency and the obstacle to the performance of its multifarious functions are far greater if such a fundamental principle were abandoned and the availability of judicial remedy were not thus restricted” We can be flooded by many cases if this is allowed. rather it is considered assertion of sovereignty. Political – power behind the legal sovereign. by the people. direct its relations with other states. Inalienable 7. for the people”) 2. This is the Doctrine of Auto-Limitation: Jellinek – “is the property of a state-force due to which it has the exclusive capacity of legal self-determination and self restriction” The state may choose whether they want to exercise or not to exercise its sovereignty. vs. Its time and money will be spent for many cases.SUABILITY OF THE STATE Aritcle 16 Section 3 The State may not be sued without its consent Q: given that provision. Permanent 2.

you have your own legal personality. because in this case. such as appropriation of the amount necessary to pay the damages awarded to the plaintiff. Q: If state enters into a proprietary contract. It is a case against the state if you sue an unincorporated agency. the one who will pay for what is asked is the STATE.(opinion of the CA which was later set aside) It is still a personal liability. (you have to prove that the officer acted in an unlawful and injurious way) Case: Calub vs. So then the state cannot claim immunity. As long as they are created by a charter. PAGIBIG – existed bec. Ex.When you have your own charter. in entering the contract. When the suit is on its face against a government officer but the case is such that ultimate liability will belong no to the officer but to the government Case: Lansang vs. one has exceeded the performance of his or her action. lansang was being sued in his personal capacity evident in the complaint. Q: Why is it stipulated “in the performance of their official duties”? A: This is because the officials are agents of the state. 2. It is not necessary that your charter will stipulate a provision that they can sue and be sued. Proprietary b. CIR This one is NOT a suit against the state because it has its own corporate identity (who has sued: PHHC) Illustration: When you file a case against DPWH. It acts merely as a corporator. 2 types of contracts: a. If you ask for money. Because by entering into business transaction it descends into the level of private individual. they are not utilized for nor dedicated to commercial or business purposes. is performing his governmental function. it was a suit against the state because they acted in accordance to their duty (discharge of official duty)) Q: What if you sue X in his official capacity. State will not pay the excess of your performance.Case of US vs. Q: When are you considered an incorporated agency? A: When that agency has a charter of its own If it doesn’t have a charter it is considered to be merged in the whole governmental machinery. BIR. Moreover. DPWH) GSIS. (ex. in this case. (Cities have their own charter. bad faith was not proven. When the suit is against an UNINCORPORATED government agency Case of Republic vs. CA (still acquitted though bec. thus they can be sued. Ruiz a suit against the state? (even if you sue the state with its name) A: No. they can be sued) 3. the rule is that the suit must be regarded as one against the state where satisfaction of the judgment against the public official concerned will require the state itself to perform a positive act. Feliciano (filed against LRA or NARRA) This one is a suit against the state because LRA is representing the state Case of PNB vs. It cannot be a suit against the state since US here. bec it is merged in the govt. you descend your status. A suit against a public officer who acted illegally or beyond the scope of his authority could not be considered a suit against the state Q: What happens next if it is a suit against a state? A: The effect is dismissible by the court either upon motion of the government lawyer (when you ask the court: “I move to dismiss the case early) or motu proprio (instance of the court even without the request of government lawyer." 10 | a n g e l ’ s n o t e s CONSTITUTIONAL LAW I . Governmental function –In this case the projects are an integral part of the naval base which is devoted to the defense of both the United States and the Philippines. Will it be a suit against the state? A: No. a government never exercises its sovereignty. You exist independently from the state. Because the suit is in your official capacity which is ordered by the state. Court of Appeals (in this case. indisputably a function of the government of the highest order. that are expressly given by the incorporating act. can it be sued? A: Yes. but it is alleged and established that he performed it in acts that are malicious or tainted in corruption. and exercises no other power in the management of the affairs of the corporation. they will not need to go to the STATE. there is a charter that created it Q: Why is a suit against incorporated agency not a suit against the state? A: This is because they have a personality separate and distinct personality from the state. Moreover. State on its own accord will dismiss the case if it is clear that there is no consent) Q: When is a case against government agency a case against the state? A: You first make a distinction if the agency is incorporated or unincorporated. Q: What if you sue against his personal capacity for acts which are unlawful. They only execute the orders of the state (you have to indicate in your complain that you are suing in his official capacity) Q: Who will pay? A: The state. Ruiz (even if you sue the state with its name) Q: Is the case of US vs. it performs governmental function. BOC. Will that be considered as a suit against the state? A: NO. You can only be sued if you entered into a contract wherein it is proprietary. He was accused to have personal motives) Q: How can a suit against a public official be a suit against the state? A: It can be a suit against the state only if the acts done are in the performance of their official duties. because in this case. as a member of a corporation. machinery. Immunity is there bec. GSIS . of the virtue that it is sovereign and it is sovereign bec.

a revolution is not considered as one of its ways “Indeed. it can be legal. When a money judgment is given against the government. (US v Dorr. The constitution prescribes for its methods to change its administration.If you don’t want the case to be dismissed. Dorr) . the right to revolt is affirmed as a natural right. If it is not successful then it will be considered as rebellion ) Case: Concurring Opinion of Mendoza: Estrada vs. If you have an agent not doing what was asked. then the state can replace the agent (Doctrine of Direct State Action: may be carried out by the people through a revolution [Doctrine of Revolution]) Q: When state changes the agent through a direct state action under the doctrine of revolution. it must be exercised only for weighty and serious reasons. When the state enters into a business contract government is deemed to have descended to the level of the other contacting party and divested of its sovereign immunity from suit with its implied consent Q: What will happen after the state gives its consent? A: There will be a trial. Special law – peculiar only to certain persons. how can you have a crime of rebellion? A: A revolution is legal when it becomes a state action. It becomes a state action if the revolution succeeds. Even then. Q: If a revolution is legal. expressed and carried out .” Sovereignty resides in the people – all it allows is that sovereignty be expressed in the ballot. specific appropriation for it made by congress 11 | a n g e l ’ s n o t e s CONSTITUTIONAL LAW I . You acquire this act by requesting the legislative department to enact it)  Scope of consent . Case: RP vs. it cannot be compelled to pay by attachment or otherwise Execution – consent to be sued extends only to the proceedings anterior to execution (Prior to execution. Forced sale/expropriation: when one will be paid just compensation when his property will be used by the government which is to be determined by the court. since the Proclamation is not a legislative act Q: Are there any other expressed consent aside from a legislative act (law)? A: NO other way.Act 3083. CONSENT Case: Republic vs. Feliciano The SC held that the Proclamation of the President of the Philippines (recognizing private rights to the land) cannot be the source of consent. (Article 2 section 1) Q: Given the provision of Article 2 section 1. the ordinary rule for execution would not apply. 339).Government is that institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them. Judgment can only be enforced if there is a separate. Anything outside that is unconstitutional. State is the one who commences or initiated the case… you can file a counter suit. (If Revolution is successful then it is a state action. art 2180 NCC (acts of omission of the states of SPECIAL AGENTS (who has fixed duties but at that time performed a different function due to a special order but such order be issued in an official statement) 2.Government is the aggregate of authorities which rule a society. the next thing you do is to get consent. But it doesn’t mean that there is a liability. the right to revolt cannot be recognized as a constitutional principle. GPI 1. All the consent means is an opportunity to prove that the state is liable. A constitution to provide for the right of the people to revolt will carry with it the seeds of its own destruction. The only way is through the form of law (legislative act) Two kinds of Law(consent): Case: Merrit vs. So you need another form of consent that the state should make certain appropriation in compliance with the consent and judgment (there should be a law again giving you the appropriation) MANDAMUS – compel the government to comply with the judgment GOVERNMENT – is the agency of the state (principal) through which the will of the state is formulated. state becomes vulnerable to counterclaims 2. is the revolution legal? A: Yes. Rather. however. (Case: US vs. 2 Phil 332. for the consent of the government to be sued is only up to the point of judgment. thus the state opens the possibility of being sued (It opens the possibility for a case because compensation is determined only by court) 3. is a revolution considered then as unconstitutional? All others are implied (implied consent) 1. That is why… “State can do no wrong” – mistake is thus attributed to the agent. what Merrit obtained Act 2457 (an act applicable to him. not the state. If it does not pay. General law – act 3083 (money claim). Villasor The consent to be sued is only up to the judgment and not to the execution thereof because public funds are reserved only for specific purposes. Q: What is the difference between government and administration? A: A government is permanent but an administration is transitional In the case of the state. the instruction of the principal to the agent is to do that which is beneficial. Arroyo Q: Is revolution considered constitutional? A: NO.

COMELEC) 1. 2. Initiative and referendum enacting or proposing laws. and by the people. political. while it is true that the people are the possessors of sovereign power. it is then considered as extraconstitutional (not in the constitution but also not prohibited by the constitution) Edsa 1 – extra-constitutional (exercise of the people on their right to revolt (natural right) Edsa 2 – intra-constitutional. the people rallied and erap gave in to it warranted by the laws of the rightful govt. Democracy – majority of the people i. such as public works. Function of government a. enforcement and application of laws). Parliamentary – fused 3. But it is not a pure democracy. or usurps. Ex: people’s initiative) Under this principle. Monarchy – 1 ruler b. the Philippines is a democratic state that is. and w/c is denominated as a government of paramount force.  Its existence is maintained by active military power w/in the territories. do not become responsible. by force or by the voice of the majority. for those acts though not PRINCIPLES AND POLICIES Article 2 Principles: binding rules that must be followed whether or not they pass a law Policies : guidelines to be observed (to guide the state in passage. 4. those undertaken to advance the general interest of society.That established as an independent government by the inhabitants of a country who rise in insurrection against the parent state. Monte de Piedad (sovereign will is made known to us by legislative enactments. the rightful legal government and maintains itself against the will of the latter. Tan Keh a. a government for. and regulation of trade and industry b. and even abolition of local offices  Creating metropolitan authorities.That which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war. charity. generally an improvement in economic. by virtue of his superintending authority over the public interest) 6. you have to do both functions Principle of government a. held by a few c. What makes something unconstitutional is when the constitution says it is unconstitutional. as wrongdoers. in a referendum. Formed through occupation . it is equally the case that they cannot exercise the powers of government directly. mergers. Oligarchy – aristocracy. Presidential – separate Legislative and Executive b. Recall (Under the Local Government Code.) [as added by Prof. Constituent – compulsory functions which constitute the very bonds of society But this is blurred. it must necessarily be obeyed in civil matters by private citizens who. by acts of obedience rendered in submission to such force. guidelines which set out a goal to be reached. approving any changes in boundaries. Indirect or republican – ruled though a government by the people 2. Unitary b. local or national. Formed through rebellion . 5. Suffrage electing the officials to whom they delegate the right of government. and  Creating autonomous regions 3. Federal 4. Based on power of central authority a. (we are not entirely republican because there are instances that we act directly instead of our representatives. De facto – actual control but no legal title (established in defiance of legislative sovereignty) Q: What are the kinds of de facto Governments: a. Ministrants – optional functions of government. Barlongay.  Their participation in government consists of : (Case: Tolentino vs.A: No. Based on number of persons holding power a.. divisions.The government that gets possession and control of. b. Formed through insurrection . or social feature of the country The Philippines is a Democratic and Republican State Section 1: Principle of republicanism (democratic and republican state) Republican – people rule through their representatives. Kinds of Government 1. Based on relationship between legislative and executive a. Direct or pure – people’s will directly expressed by them ii. Other classification Case: Co Kim Cham vs. but only through the medium of their duly elected representatives. The fact that it is not at all mentioned in the constitution. Doctrine of parens patriae: “guardian of the rights of the people” Case: GP vs. like the Second Republic of the Philippines established by the Japanese belligerent. Thus. and against the rightful authority of an established and lawful government  During its existence. c.] 12 | a n g e l ’ s n o t e s CONSTITUTIONAL LAW I . Plebiscite  Ratifying the Constitution  Approving any amendment thereto  With respect to local matters. legislative or government of the state has the right to enforce all charities of public nature. of. freedom of expression. De jure – if it has legal title but no power or control either because this has been withdrawn form it or because it has not yet actually entered into the exercise thereof (established by legitimate sovereignty) b.

equality. (Statements couched in the negative is MANDATORY) 2 concepts of religion in constitution: 1. Case: Secretary of Justice vs. in the fulfillment thereof. Case: Tolentino vs COMELEC – necessary to emphasize democratic portion of republicanism Section 3: Civilian authority is supreme over the military Civilian authority is AT ALL TIMES supreme over the military Q: how is such supremacy institutionalized? A: The president of the country is a civilian but is the commander in chief of the armed forces. during exceptional circumstances that the military be over civilians? A: NO because section 3 specifies AT ALL TIMES. (people’s organization and initiative) Section 2: The Philippines renounces war as an instrument of national policy. the protection of life. That is why president is the head or commander in chief of armed forces. the scenario is if I am in State A and I want to invoke a GAPIL. Penalizing immorality is somehow imposing religion 13 | a n g e l ’ s n o t e s CONSTITUTIONAL LAW I . The Government may call upon the people to defend the State and. Therefore. in contrary distinguished to international law) DOCTRINE OF TRANSFORMATION – if this is followed. you want to recognize the instances when people act directly and not though their representatives. it can be invoked even if there is no domestic law converting it into a domestic legislation.It is for the court to decided if an International Law is to be considered as a GAPIL (Not all treaties are GAPIL)  Features of Republicanism: 1. the only way I can invoke it in State A if there is be a domestic legislation that makes it into a municipal law (it is when it is reduced to a domestic law that it can be invoked in a state) DOCTRINE OF INCORPORATION – By the mere fact that it is GAPIL it automatically forms part of the law of the land. There is periodic holding of elections. to render personal. 3. There is observance of principle of separation of powers and of checks and balances. Q: why mention democratic and republican? (Pardonable redundancy) A: Because. State cannot establish a religion (Freedom OF Religion is equal to Freedom FROM Religion) Case: Aglipay vs. all citizens may be required under conditions provided by law. Civilian officials are superior to military only when law makes them so Q: Is it possible. decrees that rules of international law are given equal standing with. and people as defender of the state Section 4: The prime duty of the Government is to serve and protect the people. 4. Lantion Q: But if GAPIL conflicts with the Constitution? A: Then it is clear that the constitution will have to prevail If general-general: the newer law will prevail Section 6: The separation of Church and State shall be inviolable. No establishment of religion 2. CA Q: What if GAPIL conflicts with Domestic Law or Domestic with GAPIL? (Radically different) A: The doctrine of incorporation. Thus there is no way that military be over civilian. Ruiz o it was not establishment of religion because the law is primarily secular (in purpose) never mind that there are religious benefits as long as these are just incidental. cultural community (primarily secular) and not for religious benefits or establishments However. are essential for the enjoyment by all the people of the blessing of democracy. cooperation. (other example: fiestas such as Sinulog) OMA Case o This was for the national. (This is what we practice in the Philippines: adopts the generally accepted principles of international law as part of the law of the land) Case: Philip Moris vs. as applied in most countries. and amity with all nations What we are renouncing is AGGRESSIVE WAR General Accepted Principle in International Law Municipal Law (domestic law. It is a govt of laws and not of men. Section 5: The maintenance of peace and order. The later enactment is what will prevail. There is observance of the role that the legislature cannot pass or enact irrepealable laws. liberty. The main objective was to promote tourism which was a secular objective. and the promotion of the general welfare. 2. Free exercise of religion should be guaranteed Separation of church and State 1. (President – highest civilian officer) Government as Protector of the people. and property. but are not superior to. national legislative enactments. military or civil service. adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace. justice. freedom.

Free exercise of Religion . govt. orphanage and leprosarium? A: Because you want to address the free exercise of religion in the areas where there is limited freedom. this is because of secular morality. In every government there are three sorts of power: legislative (make laws). its nothing but seeing to it that laws are being humanized and that laws are equalized (definition of social justice) Section 15: Promotion of Health and Ecology Case: Oposa vs. Factoran Q: Is there such a thing as right of balance and helpful ecology? A: Yes. and it has established that the information is indeed covered by the same. political. (inter. penal institution. But manila said that this cannot be so because. When. Q: But why allow tax exemptions? A: Philosophical explanation: If you don’t give exemptions. And when there are civil laws that makes immorality ground for rejection or termination. the public nature of the loanable funds of the GSIS and the public office held by the alleged borrowers make the information sought clearly a matter of public interest and concern. not simply for the satisfaction of its curiosity. Immorality There are concepts of morality that is not based on religion but society believes it so (SECULAR MORALITY). Precisely why religion is considered as part of our culture. Case: Akbayan vs. even if it is not placed in Article III (Bill of Rights).once you have opted a religion that you are free to exercise… o 2 aspects of free exercise  Freedom to believe (is absolute)  Freedom to act in accordance to your belief (there is limitation) – by considerations of public welfare environmental balance will not be irreversibly disrupted: whatever we do will affect succeeding generation) Section 25: Autonomy of Local Governments Guaranteeing autonomy of local government. etc can be paid when they are assigned to armed forces. These dept are separate and distinct. It’s no less than a civil and political right because it involves self preservation and perpetration. a specific “showing of need” for such information is not a relevant consideration. Autonomy: right to be left alone Q: if we are not supposed to establish Religion. (It will be chaotic) It is important for the non establishment of religion to prevent excessive entanglement of religion and state. but for its ability to effectively and reasonably participate in social. and economic decision-making DOCTRINE OF SEPARATION OF POWERS Case: Dissenting opinion of Puno in Macalinal vs. if it is to overcome the privilege. Preamble: Almighty God or Divine Providence in the Constitution. Belmonte Considering the nature of its funds. the government has claimed executive privilege. the exercise of one in usurpation in the power of another is declared null and void 14 | a n g e l ’ s n o t e s CONSTITUTIONAL LAW I . in determining whether information is covered by the right to information. Q: Why are there provisions that priests. COMELEC Concept: 4 PREMISES: 1. Aquino The Court holds that. Being separate and distinct. Immorality) A: These provisions merely recognize the influence of religion (elevating influence) to the people and not of Religion alone.2.generational responsibility: responsibility of the state to preserve and to see to it that ecological or Case: Basco vs. It has been said that there is an inherent contradiction between non-establishment of religion and free exercise of religion. the executive (enforce the law) and judicial (interpret/apply law) 2. why are there provisions that somehow establish such? (ex. but only whether the same is a matter of public concern. However. Williams – prohibits animal drawn vehicle is not a violation of social justice SC – is not sympathy towards the certain group. Case: Valmonte vs. In sum. Coequal 4. Holidays. must show that that the information is vital. SC made clear that we are still unitary but decentralize (not of power but of functions: functions are devolved to local government units but they do not have the power to oppose the national law) Autonomy is nothing but decentralization of functions Of two kinds decentralization o Power o Functions Section 28 Right to full public disclosure Full public disclosure of public interest and is subject to limitations as may be provided for by law. (other articles on separation of church and state: based on photocopy) State Policies Section 10: The state shall promote social justice in all phases of national development Case: Calalang vs. Manila is considered autonomous. then the party demanding it. the GSIS is expected to manage its resources with utmost prudence and in strict compliance with the pertinent laws or rules and regulations. Pagcor Pagcor should not be taxed coz there is a law. These powers are given to 3 departments 3. however. you will have religion continually interacting with the state with regards to taxes.

Q: Why is there a need to separate the exercise of power? A: This is because. that of enacting laws. Congress and exec share power 1. whether of the nobles or of the people. and that of trying the causes of individuals. What are discussed are: DOCTRINE OF CHECKS AND BALANCES Exec to congress – veto power of the president (vetoes the bill) Exec to judiciary – appointment and pardoning of power Leg to exec – override the veto of pres. Article 6. Treaty making 15 | a n g e l ’ s n o t e s CONSTITUTIONAL LAW I . appropriation. to exercise those three powers. were the same man or the same body. confirmation of appointments. pass a new law amending the law that was made basis of the court on its previous decision Judiciary to congress – judicial review Judiciary to leg – judicial review BLENDING OR SHARING OF POWERS Ex. harmony will result. power will not be concentrated and thus tyranny will be avoided Reason: Q: Where do you find the concept of separation of powers in the constitution? A: You cannot find the term of separation of power in the constitution. power of impeachment Leg to judiciary – power of impeachment . 7 and 8 are the manifestations that the constitution applies the said principle. Appropriation of laws power 3. revoke the declaration of marital law of president. that of executing the public resolutions. Giving Amnesty 4. making laws 2. if the same man would exercise the three powers: “there would be an end of everything.” Separation of powers is founded on the belief that by establishing equilibrium among the 3 power holders.

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