The Supremacy of the Constitution

The Constitution is the basic and paramount law to which all other laws must conform and to
which all persons, including the highest officials of the land, must defer. No matter how noble an act
shall be, if it conflicts with the Constitution, the act is invalid (Cruz, 2014).
In other words, it is the supreme written law of the land (Bernas, 2009).
It must be upheld until the sovereign people change it.
The Constitution is a social contract between and among the sovereign people themselves,
manifesting their will.
Quoting Isagani Cruz from his journal A Quintessential Constitution, “The Constitution must
be quintessential rather than superficial, the root and not the blossom, the base and framework only
of the edifice that is yet to rise. It is but the core of the dream that must take shape... It must grow
with the society it seeks to re-structure and march apace with the progress of the race, drawing from
the vicissitudes of history the dynamism and vitality that will keep it, far from becoming a petrified
rule, a pulsing, living law attuned to the heartbeat of the nation.”

The Concept of the State

The State is a community of persons permanently occupying a fixed territory, has

independent government that the people obey.
Nation, on the other hand, implies origin and common race, characterized by community of
language and customs.
Therefore, a nation may comprise several states like the Arab nation, which is composed of
several separate states namely Egypt, Iraq, Saudi Arabia, Lebanon, Jordan, Algeria, Libya, and more.
Similarly, it is also possible for a single state to be made up of more than one nation, as in the
case of the US, Malaysia, and the UK, which are all melting pots of many nations that were eventually
amalgamated into one state.
Also, a nation need not be a state at all, as demonstrated by the Jews before the creation of
the State of Israel in 1948.
To clarify, the government is only an element of the State. The State itself is an abstract idea,
it is the government which acts as the State’s agent to externalize the State and articulate its will.

Elements of the State:

It is the people, territory, government, and sovereignty.

During the Montevideo Convention in Uruguay, the criteria for statehood have been
established to be the following: permanent population, a defined territory, a government, and a
capacity to enter into relations with other states.
This has been cited by the SC in declaring the proposed MOA-AD between the RP and the
MILF as unconstitutional. The proposed agreement sought to establish a state within a state because
all the criteria of statehood is present in the said agreement, established in the Montevideo
Convention. The underlying concept is clear: the Bangsamoro Judicial Entity sought to be a new state,
independent from our republic, not a mere expansion of the ARMM, which is an associative
arrangement that does not uphold national unity.
Additionally, the Court clarified that indigenous peoples situated within states do not have a
general right to independence or secession from those states under international law, but they do
have rights amounting to what was discussed above as the right to internal self-determination.

1. People

It simply refers to the inhabitants of the State. It is generally agreed that they must be
numerous enough to be self-sufficing and defend themselves, and small enough to be easily
administered and sustained.

2. Territory
 It is the fixed portion of the surface of the earth inhabited by the people of the State. It is
also generally agreed that it must be neither too big as to be difficult to administer and defend, nor
too small as to be unable to provide for the needs of the population.
The components are the terristrial domain (land mass), maritime or fluvial domain (inland
and external waters), and the aerial domain (the air space above the land and waters). We also follow
the Archipelagic Doctrine, which explains that the islands and waters are unified, as declared in the
second paragraph of Article 1 of the Constitution.
Therefore, the Philippine territory under Article now covers the following territories:
a. Those ceded to the US by virtue of the Treaty of Paris in 1898.
b. The treaty between the US and Spain including the islands of Cagayan, Sulu, and Sibuto.
c. The treaty between the US and Great Britain including the Turtle and Mangsee islands.
d. The islands of Batanes included by the 1935 Constitution.
e. Those contemplated in the phrase “belonging to the Philippines by historic right or legal
title” in the 1973 Constitution.

3. Government

As mentioned earlier in the discussion of Concept of the State, a government is the agency or
instrumentality used to express and realize the will of the State. It ceases to be lawful when its agency
steps outside the mandate of the sovereign people, who promulgated the Constitution that created
the government.
To avoid confusion, government must be distinguished from administration. An
administration is a group of persons in whose hands the reins of governments are for the time being.
It serves as the machinist (administration) who operates the machine (government). Administration is
transitional while the government is permanent.

Republicanism

Our government is a representative government that is run by and for the people. Its essence
is representation and renovation. It is not a pure democracy where people govern themselves
directly. Its purpose is the promotion of the common welfare according to the will of the people
themselves.

Functions

The government has two functions: constituent and ministrant.

Constituent functions include maintenance of peace and the prevention of crime, regulating
property and property rights, administration of justice and determination of political duties of
citizens, and those relating to national defense and foreign relations. These functions are cumpolsary
because they constitute the very bonds of society.
Ministrant functions, on the other hand, include the promotion of welfare, progress, and
prosperity of the people, which are optional on the part of the government. These are undertaken to
advance the general interest of society including public works, public charity, and regulation of trade
and industry.
However, the SC said that this traditional distinction has become untimely or irrelevant
altogether because of the growing complexities of modern society, wherein the need for the
government to absorb ministrant activities is proportional to the increasing social challenges of the
times. Thus, ministrant functions have been made compulsary by the Constitution.
Doctrine of Parens Patriae

Parens Patriae is a Latin term that literally means “parent of the nation,” and also loosely
understood to mean “guardian of the rights of the people.”
Essentially, this is the power and authority to act as the parent of persons who are legally
unable to act on their own behalf, like children and incapacitated individuals. It follows the interest of
substantial justice and that the government is an agency of the State acting as parens patriae.

De Jure and De Facto Governments

 A de jure government, also known as government of law, is the legal, legitimate government
of a state and is so recognized by other states. In other words, this is a government that is regularly
constituted by the state, not in dire times.
Examples are governments under the presidencies of all that have rightfully and legally won
the elections. Also belonging to the list is the presidency of Cory Aquino, when she was seated by the
Filipino people, and the community of nations have recognized its legitimacy.
This brings us to the other kind of government, which is de facto. A de facto government is
an irregularly constituted government, unlike de jure that is regularly constituted. It may have been
set up in opposition to the de jure government.
A de facto government only comes to exist when:
a. When it acquires the power of the government through usurpation by force, or by the
voice of majority.
b. When the inhabitants of a country who rise in insurrection establish an independent
government.
c. When military forces establish and maintain a government on invaded and occupied
territory of the enemy in the course of war.

An example is the Second Republic of the Philippines established and ruled by the Japanese
colonizers. Its characteristics that conform with the criteria of a de facto government are as follow:

a. It is maintained by active military power within the territories, and against the rightful
authority of the lawful government.
b. The government is being obeyed by the private citizens. This obedience is tantamount to
submission to such force.

4. Sovereignty

It is the power itself to self-govern. It is the power to determine for the self, whether in legal
or political aspects, or in internal or external affairs.
It is the supreme and uncontrollable power inherent in a State by which that State is
governed. It is also exclusive, comprehensive, absolute, indivisible, inalienable, and imprescriptible.

Act of State

Any act done by the sovereign power or by its delegate, as long as they act within the limits
of the power vested in him.
An act of State cannot be questioned or made the subject of legal proceedings in a court of
law.

The Doctrine of State Immunity

This doctrine declares that the State may not be sued without its consent. It is a recognition
of the sovereign character of the State and an affirmation of the unwritten rule exempting it from the
jurisdiction of our courts.
This doctrine is based on the logical and practical ground that “there can be no legal right
against the authority which makes the law, on which the right depends.” Suing the State also diverts
the time and resources of the State from the more pressing matters.
Moreover, a State cannot be sued in a foreign State because of the principle of the sovereign
equality of States because it would be in violation of the maxim par in parem non habet imperium (an
equal does not have power over an equal). Also, it is an enfringement of a state’s sovereignty to try a
foreign country’s official, and deprives them of their control over their own people.
In relation to the previous concept of Act of State, a public official, being a delegate of the
State, may not be sued for acts done in the performance of his official functions or within the scope of
his authority. If he oversteps though, he can be sued in his own personal capacity, therefore, there is
no state immunity to speak of.
Exemptions to State Immunity from Suits:

a. Private proprietary acts or regular engagement in a business or trade of purely commercial

in nature (jure gestionis). State immunity can only be invoked when the acts Whenrelate to the
exercise of sovereign functions (jure imperii). This is in consonance with the restrictive application of
state immunity where provisions in treaties and laws of preferential application must be revisited.
b. the State waives its immunity if the State desires so. It may divest itself of its sovereign
immunity and open itself to suit. In other words, the State may be sued if it gives its consent. An
example is when the State itself files a complaint, and the defendant files a counter-claim as a matter
of right. In the case of Froilan v Pan Oriental Shipping Co., it was held that the government impliedly
allowed itself to be sued when it filed a complaint for intervention for the purpose of asserting a claim
for affirmative relief against the plaintiff, to wit, recovery of a vessel.
c. Suits against government agencies.

Only incorporated agencies with its own charter can be sued if the charter of a corporation
provides that it can sue and be sued, regardless of the functions it is performing.
Obviously, the unincorporated agency cannot be sued because there is no charter to consult.
It has no separate juridical personality, therefore, any suit filed against it is an action against the State.
What is necessary to determine is the nature of the functions in which the unincorporated
agency is engaged. If it is governmental function (jure imperii), it is non-suable, and suable if
proprietary (jure gestionis).

How Does the Supreme Give Consent to be Sued?

May be given expressly or impliedly.

Express consent may be manifested either through general law or a special law, while
implied consent is given when the State itself commences litigation or when it enters into a contract,
as mentioned in the preceding topic on exceptions to state immunity.

Suability vs Liability

Suability is the result of the express or implied consent of the State to be sued. Liability is
determined after hearing on the basis of the relevant laws and established facts. In other words, the
happening of the former does not guarantee the happening of the latter.
When the State allows itself to be sued, it is to simply to give the other party an opportunity
to prove the State’s liability. Waiver to immunity does not mean concession of its liability.

Article II

This article sets rules underlying our system of government such as the objectives and
limitations of the government. Cruz said that many of the additional sections to the 2 nd article of 1987
consti appear to be meaningless platitudes on insignificant subjects that are only significant in the
eyes of whoever included them.
The SC reiterated that the constitutioal provisions are to be considered as mere legislative
guides.

The Defense of the State

The government may call on the citizens, including women, to take part in the military during
state of war. This provision is based upon the inherent right of every State to preserve its existence.
By virtue of this right, a State may take up all necessary action, including the use of armed force, to
repel any threat to its security.
Note that the required service is personal, hence, the hiring of mercenaries by the rich to
take their place in the defense of the State is precluded.
National Defense Act is in accordance to Articel XVI, Section 4, which states that the armed
forces of the Philippines "shall be composed of a citizen armed force which shall undergo military
training and serve, as may be provided by law."
Peace and Order (Section 5)

The Doctrine of Incorporation (Section 2)

Every State is bound by the principles of international law, which are considered to be part of
its own laws. It can be done either by transformation or incorporation.
The transformation method requires at least 2/3 of the Senate members to concur to such
international agreement and transform it into a local legislation, while incorporation can be said to
have automaticity of application because it is simply the method applied when an international law is
deemed to have a force of domestic law merely on the basis of constitutional declaration. The SC has
numerously applied the rule of international law even thugh such rules had not been previously
enacted.
Treaties become part of the law through transformation pursuant to Article VII, Section 21.
But generally accepted principles of international law form part of the laws of the land through
incorporation. An example is the case of Kuroda v Jalandoni where the SC ruled that since the Hague
Convention embodied generally accepted principles of international law binding all [Link]
Philippines does not have to be a signatory to the said agreement to be able to adopt the convention.

Writ of Amparo - an example of a generally accepted principle of international law, which defines the
concept of enforced disappearances.

Pacta sunt servada

Rearing of the Youth

Sections 12 and 13 deal with the proper rearing of the youth.

Section 13 focuses on the vital role of youth in nation-building. This provision was a reaction
to the upsurge of youth activism in the 70s, prior to he adoption of the 1973 consti. Our elders
realized the maturity and competence of the youth in the discussion and solution of public issues. This
is all because the youth has the vigor, enthusiasm, and vision, that play such importance in the
transformation of our society.

Women

Social Justice

The Marxist idea of class struggles helps us shed some light on one of the most serious
problems of our nation, which is the polarization of the rich and the poor or the acute imbalance
between the rich and the poor, which is likely to lead to a violent social upheaval.
In Marx's Manifesto, he concluded that capitalism does not offer humanity the possibility of
self-realization, instead ensuring that humans are perpetually stunted and alienated, and only the
accumulation of capital is every growing ("I dig the ditch to earn the money to buy the food to give
me strength to dig the ditch.")
He also theorized that capitalism is self-destructive, by polarizing and unifying the
proletariat, and predicts that a revolution will lead to the emergence of a classless society.

The promotion of the welfare of all the people by the Government to insure economic
stability of all the component elements of society, through the maintenance of proper economic and
social equilibrium...
The policy of social justice is not intended to countenance wrongdoing simply because it is
committed by the underprivileged. At best, it may mitigate the penalty, but it certainly will not
condone the offense.
Due process must always be observed
Section 6: Separation of Church and State

The rationale of the rule is summed up in the familiar saying, "strong fences make good
neighbors." The idea is to delineate the boundaries between the two institutions and thus avoid
encroachments. It was also aptly remarked on that the union of the two tends to destroy government
and degrade religion.
As a clarification, the wall of separation is not a wall of hostility. The State recognizes the
benefits of religion in a nation's life in so far as it instills into the mind the purest principles of
morality.
The SC stated in Aglipay v Ruiz that in the preamble, the sovereign people manifested their
intense religious nature and placed unfaltering reliance upon Him who guides the destinies of men
and nations.

Supremacy of Civilian Authority

Miscellaneous Sectiions: 15-28

Section 15 and 16

Cruz noted that these need not even be written in the consti for they are assumed to exist
from the inception of humankind.

Section 28

Ths provision complements the right to access to information on matters of public concern
found in the Bill of Rights

Section 22

Separation of Powers

The three branches shall not encroach on fields allocated to the other branches of
government to prevent a concentration of authority in one person or group of persons that might
lead to an irreversible error or abuse in its exercise to the detriment of our republican institutions.
SP ordains that each of the three great branches of government has exclusive cognizance of
and is supreme in matters falling within its own constitutionally allocated sphere.
The correct view is that when the SC mediates to allocate constitutional boundaries or
invalidates the acts of a coordinate body, what it is upholding is not its own supremacy but the
supremacy of the Constitution.

Blending of Powers

It happens when powers cannot confined exclusively within one department but are in fact
assigned to or shared by several departments. It is often necessary so that they may better
collaborate and check each other for the public good. Example is the enactment of general
appropriations law.

Checks and Balances

 It means that a department is allowed to resist encroachments upon its prerogatives or to
rectify mistakes or excesses committed by the other departments. Furthermore, other departments
are subject to reversal in proper cases by those constitutiomally authorized with such powers.

Doctrine of Implication

Justiceable or Non-Political Questions

The vortex of the controversy refers to the legality or validity of the contested act. These
questions are to determine whether or not there had been a grave abuse of discretion amounting to
lack or excess of jurisdiction.

a. Political Questions

If a matter falls under the discretion of another department or especially the people
themselves, the decision reached is in the category of a political question and may not be the subject
of judicial review. Example is the petition for mandamus to compel the president to issue certain
vouchers relative to the expenses of an official mission, or the decision of the governor-general to
expel an alien for the protection ofthe national interest.
They are absolutely legal and the procedures have been duly conformed with, therefore,
political questions cannot be raised because it amounts to encroachment upon the exclusive
functions of another department. It is concerned with the wisdom behind a particular act. Hence,
these acts are presumed to be based upon reasonable grounds...
The Court is not concerned with the wisdom of an act, but only with the consitutionality and
authority of a branch of government to assume such power.

Political questions connotes “questions of policy.” It is concerned with issues dependent

upon the wisdom, not legality, of a particular measure (Tanada v. Cuenco).

Application of the Doctrine

...to invalidate a law based on baseless supposition is an affront to the wisdom not only of
the legislature that passed it, but also of the executive which approved it.

Delegation of Powers

GE: What has been delegated cannot be redelagated

In many instances, delegation of power of the legislative branch is permitted, and have
become more and more frequent. This has led to the observation that the delagation of legislative
power has become the rule and its non-delegation the exception.

Note: The SC can delegate authority to the lower branches of the judiciary, such as that the RTC can
declare a law unconstitutional. But it cannot redelegate its judicial futions in favor of non-judiciary
members.

PARAB and DARAB perform quasi-judicial function.

It is the consti itself that allows delegation. A function of one branch can be delegated to another
branch. It is the permissible delegation:

1. Tariff

2. Emergency Powers
-there must a a war or national emergency
-rice shortage is a national emergency
 The emergency does not automatically confer emergency powers on the President.
Emergency does not create power. The power is inherent to the legislative body and it may choose
to hold on to it and validly refuse to delegate it. (the use of may means directory) (the use of shall is
mandatory)

Read: Araneta v Tinglasay (Philippine Reports, 84 Phils 368)

Two tests to determine if there is a valid delegation of powers:

1. Completeness Test - drafting of the IRR

-iiimplement mo na lang
-must subscribe with the

2. Sufficient Standard Test - guidelines and limitations

-delared national policy: absense of it in the passage of
such law can make the delegation invalid
-does not allow the delegate to exercise his discretion

Delegation to Administrative Bodies

Given the volume and variety of interactions in today's society, it is doubtful if the legislature
can promulgate laws that will deal adequately with and respond promptly to the minutiae of everyday
life. Hence, the need to delegate to admi bodies - the principal agencies tasked to execute laws in
their specialized fields - the authority to promulgate rules and regulations to implement a given
stature and effectuate its policies.
Admin bodies fills in the details which the Congress may not have the opportunity or
competence to provide. These are known as supplementary regulations, such as the implementing
rules issued by the Dept of Labor on the Labor Code. They have the force and effect of law.
Contingent regulations work the same. The admi bodies are allowed to ascertain the
existence of particular contingencies and on the basis thereof enforce or suspend the operation of a
law.

Power of Subordinate Legislation

It is when administrative agencies are entrusted with power necessary to regulate specialized
activities and peculiar problems.

Delegation to the People

The people did not totally abroggate their soverign rights. There is a reservation solely be exercised by
the people

Delegation to Local Governments

Police power - power of the State to pass a law and enforce it

-widest reach, most pervasive power

Requisites of valid exercise of police power:

1. affects interest of public in general (Once a lawis passed, the police power becomes power to
reinforce it)
2. reasonable necessity of the means employed
-the test of reasonableness must always be taken into consideration

Chinese Cemetery v City of Manila

The Branches of the Government

b. Legislative branch -

1935 - our congress becomes bicameral

1973 - reverted back to unicameral
1987 - becomes bicameral again

Unicameral form of legislative - no upper or lower house

animus revertendi - the intention to come back to old domicile

Qualifications of a senator:
-all qualifications must be possessed by the senator continuously allthroughout his term

Term v Tenure
- -actual holding of an office during a term

at the time of proclamation v at the time of election

-Ninoy Aquino age issue paved the way to change it to the time of election

Election of Senators

1st sen election under 1987 consti happened in 1988. We elected 24 senators. top 12 will serve 6
years, the lower 12 serve 3 years. After 3 years, there will be a sen election again where 12 shall be
elected.'
-this is to ensure continuity in the house of senate. their respective terms do not expire all at
once. there will be half of them is always left behind to continue their function as legislators.
 It is the consti that provided the qualifications of senators. the act of congress is subordinate
to the constitution (supremacy of the constitution). it can't be amended, set aside, modified. it is
always amendment of the consti.

Consecutive v successive

A senator is limited to 2 consecutive terms

Any voluntary renunciation of a senatorial term is considered continuous... it cannot be

construed as an interruption,

Note:

a. The Executive Branch - the new Article VII on the Executive Branch was motivated to
prevent the recurrence of another despot like Marcos, when he converted
presidency into a seat of unlimited power.

Article VII, Section1 declares that it is vested in the President. It is briefly described as the
power to enforce and administer the laws, but in reality, it is way more than this. The President enjoys
plenitude of authority that makes him the most influential person in the land, thus, it can be an
instrument for good or evil.
It must be borne in mind that it is about submission to duty, not elevation to power.

Qualifications for Presidency

Section 2 provides that the President must be a natural-born citizen, a registered voter, able
to read and write, at least 40 yo on the day of the election, and a resident of the Philippines for at
least 10 years immediately preceding the election.
These qualifications are exclusive and cannot be altered by Congress. It shall be interpreted
using expressio unius est exclusio alterius.
Note that all constitutional officers are required to be natural-born.

Election and Proclamation

Both the President and VP are elected by direct vote of the people in six-year intervals. The
election shall be held on the 2nd Monday of May.
Section 4 provides the rules on election returns and proclamation of winners.
In cases where a tie could not be broken, the SC, sitting en banc, shall be the sole judge of
this contest. In fact, it is the SC who has jurisdiction to settle all contests relating to the election,
returns and qualifications of the President and VP, and may promulgate rules for the purpose.
In Macalintal v PET, the legality of PET was challenged and alleged to be an illegal and
unauthorized progeny of Section 4, which prevents members of the SC shall not be designated to any
agency performing quasi-judicial or administrative functions. The Court averred that PET is an
independent institution, but not separate from the judicial department.

Term - The President and VP both have a term of six (6) years.

Section 4 also provides that "the President shall not be eligible for any re-election" unless he
has not served for more than four (4) years (unexpired term such as in succession case of Estrada-
Arroyo and Estrada's term from 1998 until he resigned after just 3 years in office).

In the general rule of non-re-election, the President is expected to devote his attention
during his one term to the proper discharge of his office, and not to use s perks (perquisites) to stay
therein for another term.
The Vice-President

The VP is elected directly by the people and may be removed only through impeachment,
just like the President. The qualifications are the same as those of the President. The VP is eligible to
be a member of the Cabinet to prevent from becoming a mere presidential standby (with nothing
more to do than pray for the vacancy in the Presidency). The appointment is a matter of privilege,
therefore, there is no need for COA to confirm it.
The VP is allowed to serve for two successive terms. How about if there is an interval (not
successively) between terms? Would he again be eligible for the same office?
The President shall nominate a VP when there is vacancy. The office shall be filled in by a
member of the Senate or fro the HP upon confirmation by majority vote from the two Houses, voting
separately. The nomination would not be considered confirmed without the concurrence of the
separate votes of both Houses.

Presidential Succession

There are two (2) rules on presidential succession: Section 7 and Section 8.
Section 7 provides the rules on vacancy occuring before the President's term. It states that
the VP shall succeed the presidency in three (3) cases:

(1) death or permanent disability,

(2) failure to elect the President, as where the canvass has not yet been completed or in the
extraordinary circumstance that the election has not been held, and
(3) failure of the President to qualify, that is, by taking the oath and entering into the
discharge of his duties.

In number 1 scenario, the VP shall become President. In numbers 2 and 3, the VP merely acts
as President until the President is chosen and qualified.

Section 8, on the other hand, deals with vacancies occuring during his incumbency:

(1) death
(2) permanent disability
(3) removal
(4) resignation

In any of the abovementioned, the VP shall become President. In cases when both the
President and VP died, disabled, removed, or resigned, the Senate President shall assume presidency.
In case of his inability, the Speaker of HP shall assume office until a President or VP shall have been
chosen and qualified.

Assignment: if a senate president assumes the office of the president

-is he qualified to be reelected.

Oath of Office

It marks the formal assumption of duties.

The oath is not a source of substantive power but to deepen the sense of responsibility of
the President and ensure a more conscientious discharge of his office.

Perquisites and Inhibitions

The perks of the President includes an official residence, while his salary is inhibited to be
raised or reduced during his term to prevent the legislature from "weakening their fortitude by
appealing to their avarice or corrupting their integrity by operating on their necessities."
 The President cannot accept other employment elsewhere, government or private, and must
confine himself to the duties of his office. The VP, however, can be appointed to the Cabinet but may
not receive additional compensation (emolument) in the second capacity because of this absolute
prohibition.

Other inhibitions are provided by Section 13:

a. The P, VP, Members of the Cabinet, and their deputies or assistants shall not
hold any other office during their tenure, unless provided in the Constitution. They shall not directly
or indirectly practice any other profession, participate in any business, contract, etc. In short, they
shall avoid conflict of interest in the conduct of their office (in line with the principle that a public
office is a public trust).
b. The spouse and relatives of the President by consanguinity or affinity within the fourth civil
degree shall not be appointed, during his tenure, as Members of the Constitutional Commission,
Office of the Ombudsman, as Secretaries, Undersecretaries, chairmen or heads of bureaus or ofices,
including GOCCs and their subsidiaries (anti-nepotism). However, he is not precluded from appointing
his aforesaid relatives to the judiciary.

Executive Privilege

It is simply defined as "the power to withhold information from the public, the courts, and
the Congress."

Although not expressly conferred upon him under the Constitution, it has been
acknowledged as essential to the exercise of his office.

Presidential Immunity

Citizenship

Lecture Day - September 30, 2023