It is a cause of action is it alleges: 1). Such goals as damaging the defendant’s reputation, harassing the defendant, or attempting to place blame on a defendant other than the person who actually did wrong, are examples of abuse of the legal system. Doctrine of management prerogative. NSG JURISPRUDENCE • The Philippine Nursing Act of 2002 • The IRR of Philippine Nursing Act of 2002 • The PRC Modernization Act of 200 • The IRR of PRC Modernization Act of 200 • The Code of Ethics of RNs • CHED Memorandum Orders • … I. 7 China Banking Corporation vs. Court of Appeals, G.R. To ensure its effective implementation, the law requires that a Philippine Competition Commission (PCC) will be established within 60 days after the signing of the measure. There are many law blogs. RODENCIO and JOVENCIO, both surnamed DE RAMOS, respondents. Are defendants who were wrongfully sued no … The filing of a lawsuit for an improper purpose, and without grounds or probable cause. NATIONAL PROSECUTION SERVICE The 2000 BAIL BOND GUIDE. THE ROLE AND FUNCTION OF THE PROSECUTION IN THE PHILIPPINE CRIMINAL JUSTICE SYSTEM Menrado Valle-Corpuz* of the Peace Courts to the Supreme Court; Act No. Featured Document Other Projects of the Foundation ; Re: Show cause order in the decision dated May 11, 2018 in G.R. The Supreme Court has repeatedly stated all courts should look with disfavor any case to bring law enforcement into check by giving compensation for malicious prosecution. Arson FindLaw. arson lawyers amp law firms in manila philippines hg org. 3 Penned by Judge Florencio Arellano, Rollo, pp. STAGES IN THE COMMISSION OF A CRIME The Philippines Most. Separate titles were then issued in the names of Aurea Yasoña (TCT No. Definition: A civil case for damages brought after the dismissal of a criminal prosecution, civil suit, or other proceeding for having been filed maliciously and without probable cause. Even the malicious issuance of a search warrant without probable cause may trigger such a claim. Human rights defenders have sought the 100 percent prosecution and conviction of human rights violators in the Philippines. Courts generally agree on the elements required for a malicious prosecution … The prosecution of all cases filed under this new law will be handled by the Department of Justice - Office for Competition (DOJ-OFC). 73251). ‘Damages’ is a term defined by the Supreme Court in the case of MEA Builders, Inc. vs. Court of Appeals, G.R. This is official government policy. online filipino workers official site. Just browse our find an attorney search engine and you’ll find thousands of lawyers, each ready and able to help you with your legal problem. The mans attorney discovers that Marty has no actual evidence that points to his clients guilt, and presses to have the charges dropped. It is a cause of action is it alleges: 1). Life imprisonment reclusion perpetua and other legal. Simple Arson v Destructive Arson The Manila Times Online. As lead prosecutor in the town, Marty charges the man with attempting to bribe public officials. Modesto Ticman, Jr JURISTS REVIEW CENTER August 16, 2015 2. SP No. The Lawphil Project - Arellano Law Foundation. 7, 2000]. DE YASOÑA, petitioners, BOX769. Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. CR-HC No. It also covers those committed in an aircraft, ship or vessel of Philippine registry or in an aircraft, ship or vessel originating from, passing through or destined for the Philippines; Protection 3. The balance of P1,847,016.00 was to be paid in four equal consecutive annual installments, with 12% percent interest per annum on the outstanding balance. In one case, we defended a client who was sued for damages based on the theory of malicious prosecution. This Court has drawn the four elements that must be shown to concur to recover damages for malicious prosecution. Shay Cullen 31 July 2015 Frederick C. Norton, Esq., attorney and retired judge in New Jersey, like many in the United Sates, has been following the practice of law in the Philippines through social-media. In this case, however, there is reason to believe that a malicious intent was behind the filing of the complaint for estafa against respondents. A suit for malicious prosecution will prosper where legal prosecution is carried out without probable cause. 2 LAWS AND JURISPRUDENCE ON TORTS AND DAMAGES 3. If petitioners had honestly believed that they still owned the entire property, it would not have taken them 22 years to question Jovencio’s ownership of half of the property. Government officials have refuted the report, with Duterte criticizing  ICC prosecutors whom he said doesn’t read . Likewise, other than petitioners’ bare allegations, no other evidence was presented by them to substantiate their claim. National law and local law. a civil cause of action in California designed to go after individuals who file frivolous lawsuits and cause damages as a result. (3) In criminal cases of malicious prosecution against the plaintiff; (4) In case of a clearly unfounded civil action or proceeding against the plaintiff; (5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff’s plainly valid, just and demandable claim; To entitle petitioners Tiu and Limanch-O Hotel to damages for malicious prosecution, they needed to prove the following elements: (1) that the respondent City had caused their prosecution; (2) that the criminal action ended in their acquittal; (3) that, in bringing the action, the City had no probable cause; and (4) that it was impelled by legal malicean improper or a sinister motive. T-32810, would be foreclosed. malicious prosecution is already barred by statute of limitations despite this fact having already been indisputably established on the face of the Complaint itself. There being no sufficient evidence established to prove the claim for actual damages the same is hereby dismissed. FREDERICK C. NORTON, Esq., attorney and retired judge in New Jersey, like many in the United Sates has been following the practice of law in the Philippines through social-media. [2575154,2577627,2577597,2577594,2577591,2577588,2577580], Full prosecution, conviction of human rights violators sought, 200 Navotas barangay health workers get P5,000 cash aid, Filipino frontliners among first to get COVID vaccine, PCG reminds maritime stakeholders to follow rules, PH explores cooperation with Katsushika City, England, Italy brace for Christmas lockdowns as Europe battles winter surge, new COVID strain, ‘Round and Asian’ Roque takes pride at PH COVID-19 battlecry after Thai feature, S. Cotabato governor risks own health, to join 7-yr-old son in quarantine, ‘Vicky’ to make 2 more landfalls on Saturday — PAGASA, Mayor Isko buys parol maker’s Christmas decors after buyer cancels deal, Female police officer in hot water for presenting fake PCR result at Davao airport, Metro Manila won’t return to MECQ yet — Lorenzana, DFA’s COVID-19 tally adds 4 cases, 1 recovery and 3 new deaths, Coast Guard continues to assist typhoon victims, Manila drive-thru, walk-in serology testing clinics closed until Jan. 4, Sen. Manny Pacquiao slams the way politics in Philippines is like a business, Subsidized PCR test for foreign residents in PH now available, Maj. Gen. Ariel Caculitan is new PH Marines Commandant. Can the prosecution appeal a judgment of acquittal? Notes • This is not a complete transcript of the lecture • The slides are limited to brief annotations, which the author humbly found remarkable and especially enlightening. Much jurisprudence in […] Intentional infliction of emotional distress (IIED; sometimes called the tort of outrage) is a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an "extreme and outrageous" way. Assailed in this ordinary appeal is the Decision dated July 31, 2017 rendered by the Court of Appeals (CA) in CA-G .R. 18-06-01-SC. 2 Judge Florencio S. Arellano, presiding. On October 5, 2000, the trial court rendered a decision in favor of Jovencio and Rodencio. MS. VIOLETA YASOÑA, personally and as heir of deceased sister defendant PELAGIA YASOÑA and as attorney–in–fact of her brothers ALEJANDRO and EUSTAQUIO, both YASOÑA and sisters: TERESITA YASOÑA BALLESTERO and ERLINDA YASOÑA TUGADI, and mother AUREA VDA. The Public Respondent committed grave abuse of discretion in finding that the Complaint sufficiently 20 Id., pp. Chapter 2 Crimes in General Section 5. To sustain petitioners’ stand that an allegation in a complaint for malicious prosecution that the information in the criminal case was filed after appropriate preliminary investigation negates a contrary allegation that the filing of the case was malicious would result in the dismissal of every action for malicious prosecution. Such action requires only a preponderance of evidence. The only conclusion that can be drawn from the circumstances is that Aurea knew all along that she was no longer the owner of Jovencio’s portion after having sold it to him way back in 1971. A county prosecutor runs for mayor and loses the election. CA-G.R. Posted on March 13, 2008 December 16, 2015 by Article 2. They alleged that the filing of the estafa complaint against them was done with malice and it caused irreparable injury to their reputation, as Aurea knew fully well that she had already sold half of the property to Jovencio. If there are no sufficient grounds, then the prosecutor will dismiss the case. 94182, 28 March 1994, 231 SCRA 472. Here, the complaint for estafa was dismissed outright as the prosecutor did not find any probable cause against respondents. Danilo Reyes, Programme Assistant, Asian Human Rights Commission, Hong Kong . Malicious prosecution in both criminal and civil cases requires the element of (1) malice and (2) absence of probable cause. A crime is conduct defined and penalized under this Code or special penal laws. These two elements are … SP No. ... Philippines MANUEL J. LASERNA JR.- Admitted to the Bar in 1985 (3rd placer, 1984 bar exam, 90.95%). Their subsequent motion for reconsideration was likewise denied on December 12, 2000. Was that the intention of the court? Before this Court is a petition for review on certiorari seeking the reversal of the decision1 of the Court of Appeals dated June 14, 2002 and its resolution dated December 12, 2002 in CA-G.R. In 1974, Aurea even requested Jovencio to use his portion as bond for the temporary release of her son who was charged with malicious mischief. 22 Id., pp. Thus, petitioner (now Senate President) Franklin Drilon could not be held liable for malicious prosecution as there existed probable cause for the criminal case. Therefore, for a malicious prosecution suit to prosper, the plaintiff must prove the following: (1) the prosecution did occur, and the defendant was himself the prosecutor or that he instigated its commencement; (2) the criminal action finally ended with an acquittal; (3) in bringing the action, the prosecutor acted without probable cause; and (4) the prosecution … On account of this dismissal, Jovencio and Rodencio filed a complaint for damages on the ground of malicious prosecution with the Regional Trial Court of Sta. Section 4. 73252) and Jovencio de Ramos (TCT No. 156339             October 6, 2004. Since 1973, Jovencio had been paying the realty taxes of the portion registered in his name. No. Why Does the Law Disfavor Malicious Prosecution of Law Enforcement? Panganiban, Sandoval-Gutierrez, and Carpio Morales*, JJ., concur. The records show that the sale of the property was evidenced by a deed of sale duly notarized and registered with the local Register of Deeds. Our private laws are found in codes mainly based on the Spanish codes which were continued in force with cer-tain modifications after the advent of the American re-gime and in laws passed by our legislature from time to time. Attorneys of the Philippines provide a free public service to help you locate the attorney you need, right in the place that you need their help. Twenty-two years later, in August 1993, Aurea filed an estafa complaint against brothers Jovencio and Rodencio de Ramos on the ground that she was deceived by them when she asked for their assistance in 1971 concerning her mortgaged property. Cruz, Laguna, Branch 91,2 which was docketed as Civil Case No. However, when Nimpha inquired from the Register of Deeds, she was shocked to find out that the lot had been divided into two, pursuant to a deed of sale apparently executed by Aurea in favor of Jovencio. Malicious prosecution is a common law intentional tort. Malicious prosecution and abuse of process are related types of civil lawsuits where one person (the plaintiff) sues another person (the defendant) for, in a prior case, trying to use the legal system against the plaintiff in an inappropriate manner. The lawsuit may either be civil or criminal in nature. Find the right Geneva Malicious Prosecution lawyer from 5 local law firms. Marty, a county prosecutor, is running for mayor in his town. Thereafter, the lot was surveyed and separate titles were issued by the Register of Deeds of Sta. 73251, clearly signifying that they were impelled by malice and avarice in bringing the unfounded action. We agree with the appellate court that the remedy availed of by petitioners was inappropriate as Rule 65 of the Rules of Court cannot be a substitute for a lost appeal,4 and that, in any event, petitioners are liable for malicious prosecution. What really governs this particular case is that the prosecution was able to prove the guilt of petitioner beyond reasonable doubt. 4 Chico vs. Court of Appeals, 348 Phil. Malicious prosecution, both in criminal and civil cases, requires the elements of (1) malice and (2) absence of probable cause.7 These two elements are present in the present controversy. The dispositive portion stated: WHEREFORE, premises considered, finding that plaintiffs have established their case by preponderance of evidence, judgment is hereby rendered in their favor and against the defendants ordering the latter to pay the former as follows: C) ₱10,000.00 as attorney’s fees incurred in defending themselves from the criminal complaint for estafa; D) ₱10,000.00 as attorney’s fees and cost of litigation, and to pay the costs. 1 In order to prove this cause of action, the plaintiff (the injured party) is required to prove certain elements. 11 cralaw Both parties … Article 2219, however, in enumerating the specific instances when moral damages may be recovered refers to "analogous cases" or that which resemble or correspond to those enumerated. To get punishment damages in a malicious prosecution case, “the proceedings must have been initiated or continued primarily for a purpose other than that of securing the proper Judication of the claim on which they are based.”. 37 (1998). 36-37. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of … However, Karapatan Secretary General Cristina “Tinay” Palabay acknowledged that this is “wishful thinking,” especially since there is no accountability in the killings in the country’s war against drugs. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Criminal law jurisprudence ticman jr (2015) 1. That the defendant was himself the prosecutor or at least instigated the prosecution 2). Malicious prosecution is a common law intentional tort. Internet Defamation (there is no Philippine jurisprudence yet on Internet libel) is the "art" of maligning one's reputation in the Internet, thru blog sites and/or social networking sites. 7 These two elements are present in the present controversy. The law allows subjects of frivolous lawsuits to sue the offending party for “malicious prosecution,” and a court can award attorney fees for the underlying litigation and even punitive damages. However, these are hitting “one dead end after another.”“We need results, actual results,” she stressed. Sotto cited figures from law enforcement agencies Philippine Drug Enforcement Agency (PDEA) and the Philippine National Police (PNP) to counter Bensouda’s initial findings.“From July, 2016 to Oct(ober), 2020, PDEA and PNP have conducted 178,616 anti-illegal drug operations…where 259,296 drug personalities were arrested…5,903 died during operations…seized drugs amount to a total value of P54.02 billion,” Sotto told reporters in a message.“Ano pinagsasabi nitong si Bensouda na  (What was Bensouda saying about the) ‘reasonable basis of crimes against humanity’?” he then asked.“That’s what she believes,” Sotto said of Bensouda’s statements. Intramuros, Manila 1002 Under Philippine law the definition of slander if oral defamation or perform an act which shall cast dishonor, discredit or contempt upon another person. In this jurisdiction, the term "malicious prosecution" has been defined as "an action for damages brought by one against whom a criminal prosecution, civil suit, or other legal proceeding has been instituted maliciously and without probable cause, after the termination of such prosecution, suit, or other proceeding in favor of the defendant therein." T he public prosecutor in the Philippines is actively involved in the investigation of crimes and can commence an investigation upon receiving a report from a law- enforcement agency or a private party. Nicolas & De Vega Law Offices is a full service law firm in the Philippines. The records disclose that in November 1971, Aurea Yasoña and her son, Saturnino, went to the house of Jovencio de Ramos to ask for financial assistance in paying their loans to Philippine National Bank (PNB), otherwise their residential house and lot, covered by TCT No. The prior case can be either criminal or civil in nature. Aurea signed the blank paper without further inquiry because she trusted her nephew, Rodencio. 73251). II. Pons may be held liable for malicious prosecution based on the facts you narrated in your letter. July 17, 2018. See also Vexatious litigation. 05124, which affirmed with modification the Joint Judgment dated April 7, 2011 of the Regional Trial Court of Pasig City. Who may appeal or moved for reconsideration of the civil aspect of a decision in a criminal case? But the problem is that many of them are written for lawyers and law students. WHEREFORE, the decision declaring petitioners liable for malicious prosecution is hereby AFFIRMED in toto. American Judge on harsh sentencing in the Philippines Fr. Over the years, Philippine jurisprudence has made a distinction between a public figure and a private person, applying an actual malice rule for public figures. Philippines.” The Philippine criminal justice system is composed of five parts or pillars, namely, law enforcement, prosecution, judiciary, penology, and the community. That the defendant was himself the prosecutor or at least instigated the prosecution 2). The Elements of a Malicious Prosecution Claim. Palabay thanked the international community for citing  human rights violations in the country, such as the International Criminal Court (ICC).A report from ICC prosecutor Fatou Bensouda released last Dec. 15  revealed that there is basis behind the claims that murder, torture, and other crimes against humanity were present during the first three years of the Duterte administration. 21 Supra, note 1. He believes that a local businessman who is active in politics played a large role in sabotaging his campaign. Sereno) A.M. No. Doctrine of malicious prosecution. prosecution service the 2000 bail bond guide. 5 Moreno, Philippine Legal Dictionary, 3rd ed., 1988, p. 25. The prosecutor becomes obsessed with the idea that the businessman caused him to lose the election. Furthermore, it was only in 1993 when petitioners decided to file the estafa complaint against respondents. 39 Note that this is not exactly a case of malicious prosecution. Concededly, the mere act of submitting a case to the authorities for prosecution does not make one liable for malicious prosecution. I created this blog to make Philippine Law easy to understand for the average person. Law professor of FEU, Manila, 1985 to 2006 (ret. Thereafter, they heard nothing from Rodencio and this prompted Nimpha Yasoña Bondoc to confront Rodencio but she was told that the title was still with the Register of Deeds. Get peer reviews and client ratings averaging 4.1 of 5.0. Further, it must be identified and taken in relation to Articles 180-182 of the RPC. After the execution of the deed of sale, the property was surveyed and divided into two portions. Legal Damages: The actions cause economic and non-economic, which can be considered and must be proven at trial. By Abbey Kaplan and Marko Cerenko In the recent case of Wolfe v. Foreman, the Third District Court of Appeals may have effectively eliminated malicious prosecution as a cause of action all together. To constitute "malicious prosecution," there must be proof that the prosecution was prompted by a sinister design to vex or humiliate a person, and that it was initiated deliberately by the defendant knowing that his charges were false and groundless.5 Concededly, the mere act of submitting a case to the authorities for prosecution does not make one liable for malicious prosecution.6. “The Office is satisfied that information available provides a reasonable basis to believe that the crimes against humanity of murder (article 7(1)(a)), torture (article 7(1)(f)), and the infliction of serious physical injury and mental harm as other inhumane Acts (article 7(1)(k)) were committed on the territory of the Philippines between at least 1 July 2016 and 16 March 2019, in connection to the War on Drugs campaign launched throughout the country,” Bensouda said in the report. Where they do not perform their role properly, they become a major obstacle, rather than aid, to redress. ... to due process of law, and to equal protection of the law. G.R. Malicious Prosecution. 223-237. “Those who are killing on the ground should stop what they are doing.”. Definition: A civil case for damages brought after the dismissal of a criminal prosecution, civil suit, or other proceeding for having been filed maliciously and without probable cause. Find the right St. Charles Malicious Prosecution lawyer from 5 local law firms. No. Prosecution in the Philippines. It must be noted that in Drilon, the investigating panel found that there was probable cause to hold private respondent Homobono Adaza for trial for the crime of rebellion with murder and frustrated murder. This is a sample Complaint against a defendant for false arrest, malicious prosecution, trespassing, slander, libel and intentional infliction of emotional distress. Call us at 215-557-0099 or contact us online to receive a free claim review today. Perjury in the Philippines. Malicious Prosecution. Cryptocurrency Fraud And Law Reforms In Philippines. What must I prove in order to win my malicious prosecution case? No. 6 Manila Gas Corporation vs. Court of Appeals, G.R. Sanders v. Daniel Int’l Corp., 682 S.W.2d 803, 806 (Mo. Actions for malicious prosecution are not favored in law. No. On February 21, 1994, Assistant Provincial Prosecutor Rodrigo B. Zayenis dismissed the criminal complaint for estafa for lack of evidence. “This can make an impact even after this government finishes this term,” she said. Generally, any malicious criminal proceeding that lacks probable cause -- regardless of whether the claimant was tried or even indicted -- may give rise to a malicious prosecution claim. Proctor v. Stevens Employment … As agreed upon, Aurea executed a deed of absolute sale in favor of Jovencio over half of the lot consisting of 123 square meters. Human rights defenders have sought the 100 percent prosecution and conviction of human rights violators in the Philippines. That is why you need to seek expert legal advice and engage the services of Philippine criminal prosecution lawyers or attorneys to ensure that your criminal complaint is strong and can prove the elements of the crime. 183. 1. However, Palabay is hopeful that the report will finally spur action for accountability. L-44190, 30 October 1980, 100 SCRA 602. "In order to succeed (on the merits) with a claim for malicious prosecution, a claimant must allege and prove- (a) that the defendants set the law in motion (instigated or instituted the proceedings); 73252 was mortgaged. essay for air pollution graph 2018 .. writing research essay on euthanasia .. about marriage essay father's death . They agreed that, upon payment by Jovencio of the loan to PNB, half of Yasoñas’ subject property would be sold to him. During the Investigative PH media event Thursday, Palabay  said that there are already efforts in place to look into the killings. Philippine Law is largely based on North American law since the Philippines […] Malicious prosecution, both in criminal and civil cases, requires the elements of (1) malice and (2) absence of probable cause. The Lawphil Project - Philippine Laws and Jurisprudence Databank. Adapt to fit your circumstances, including compliance with your state's procedural rules. banc 1984). All Rights Reserved. P D 1613 Arson Criminal Law Philippines. In her complaint, Aurea alleged that Rodencio asked her to sign a blank paper on the pretext that it would be used in the redemption of the mortgaged property. 1 Penned by Associate Justice Josefina Guevarra-Salonga and concurred in by Associate Justices Eubulo G. Verzola and Bernardo P. Abesamis, Third Division. Malicious prosecution is part of common law, rather than legislated law, and endeavors to prevent abuse of the legal system. ©PARKER MILLS LLP 2014 800 W. 6th Street, Suite 500, Los Angeles, CA 90017-2704 | Main (213) 622-4441 | Fax (213) 622-1444 | www.parkermillsllp.com MALICIOUS PROSECUTION HANDBOOK¤ By David B. Parker & William K. Mills When a single act violates a national law and a local law, the national law shall prevail. Facts: On February 20, 1976, petitioner sold to AYALA 128,265 square meters of land located at Bayanan, Muntinlupa for P2,308,770.00 pesos.The Deed of Sale provided that upon the signing of the contract AYALA shall pay P461,754.00. The Deed of Sale was executed in 1993, and it took him 24 years to file the case. To remedy an act of malicious prosecution, an alleged victim files a tort claim by the same name. Civil Actions. Like the tort of abuse of process, its elements include intentionally instituting and pursuing a legal action that is brought without probable cause and dismissed in favor of the victim of the malicious prosecution. Also, when Aurea borrowed money from the Rural Bank of Lumban in 1973 and the PNB in 1979, only her portion covered by TCT No. CRIMES Under The RPC And Special Laws Academia Edu. P.O. No. No. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. SC-3230. 2709, regarding the exclusion of an accused to be utilized as a government witness; and Act No. Petitioners’ reliance on Drilon vs. Court of Appeals8 is misplaced. The crime of perjury is punished here in the Philippines in accordance with the proviso of Article 183 of the Revised Penal Code (RPC). g r no 188708 july 31 2013 philippine laws and. Arson Lawyers Law Firms in Philippines for Every City. Petitioner Violeta Yasoña, personally and on behalf of her brothers and sisters and mother Aurea, filed a petition for certiorari under Rule 65 with the Court of Appeals which dismissed the same on June 14, 2002 on the ground that petitioners availed of the wrong remedy. The principal question to be resolved is whether the filing of the criminal complaint for estafa by petitioners against respondents constituted malicious prosecution. vs. The defendant in the malicious prosecution action must prevail on the underlying suit – at least with regard to the causes of action for which malicious prosecution is claimed. In sum, we find no reversible error on the part of the appellate court in dismissing the petition and in effect affirming the trial court’s decision holding petitioners liable for damages for the malicious prosecution of respondents. 38 Philippine Airlines, Inc. v. NLRC, 259 SCRA 459 (1996). Inasmuch as Aurea was his aunt, Jovencio acceded to the request. 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