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Corruption levels. According to a World Bank study in 2006, corruption in the Philippines is considered to be the worst among East Asia’s leading economies and the.
Political corruption is the use of powers by government officials for illegitimate private gain. An illegal act by an officeholder constitutes political corruption.
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Autor: Woxman • July 6, 2012 • Essay • 1,858 Words (8 Pages) • 283 Views
According to Ambeth Ocampo, "Sometimes it pays not to be interested in what happened but in what did not happen." In line with this, we see the Philippines as what we ideally want it to be. We neglect its current situation either positive or negative. Moreover, we always criticize the concept behind its social, economic and political system. We see most of it as failure which causes its downfall. But in spite of the public's view on the Philippines, we, undeniably, still have our personal stands regarding this matter, specifically, on how to obtain the development we're trying to pursue since the beginning. Each one of us is aware that it is difficult to determine one's personal view in the Philippines. Hence, different studies are being established. One of these is the Political Compass test. As I took the test, I found out that I'm situated on -5.62 of the x-axis and on 1.64 of the y-axis as shown in the result. Thus, my position in the political compass exhibited that I'm a socialist and an authoritarian. I am a socialist who advocates and practices the doctrines of socialism which is the common ownership. In its perspective, common ownership means that everybody has the right to participate in decisions on how resources will be used. It means nobody being able to take personal control of resources, beyond their own personal possessions. Hence, my outlook on being attached to the society let me think of the society's advantages first before of my personal interests. Therefore, I'm against of anything or anyone that possesses eminence over the rectitude of the mass. On the other hand, although, being a socialist should prioritize the condition of the public and its goodness, I still believe of having rules by all means of actions in order to acclaim the foundation of our country's progress. Thus, I am an authoritarian who favors complete obedience or subjection to authority as opposed to individual freedom. I believe that our developing country can be attained by alleviating the free will system that commonly causes discriminations and injustices. I'm not against of the Philippines as a democratic country, which gives equal opportunity to the public to express their opinions regarding the public policy, laws and actions of the sate. It is just that, as time passes by, the laws that must be followed loosens which leads to the favored position of the abusive people and sectors in our country. Consequently, the Philippines' requisite of acquiring austere legislation is extremely essential.
Through the basic problems of the Philippines come the major struggles that cause the burden of every Filipino especially the economically-deprived people of the society. Some of these problems are as follows: Social problems - Poverty. It is an absolute hindrance to the success of future generation of the Filipino. "It is mainly a rural problem, and tends to be worse in the southern Philippine islands of Visayas and into Mindanao. However, Luzon and the northern islands have a considerable number of Filipino people living below the poverty line.
In fact, almost a third of all of the population of the Philippines lives below the poverty threshold, which is a number inconceivable to most people in America and Western Europe. According to the most recent data collected by international sources concerning poverty in the Philippines, 44% of the population survives on less that $2 US per day." This is quoted in one of the blogs of a missionary of Estados Unidos.
Next in line is Unemployment. According to the trading economics, "The unemployment rate in Philippines was last reported at 6.9 percent in April of 2012. Historically, from 1995 until 2012, Philippines Unemployment Rate averaged 9.1 Percent reaching an all time high of 13.9 Percent in April of 2002 and a record low of 6.3 Percent in October of 2007. The unemployment rate can be defined as the number of people actively looking for a job as a percentage of the labor force."
In the aspect of our economy, the common problems are Graft and Corruption and Over-dependence on Global Economy. Stated by Gary Elliot, "Graft and corruption manifests in many various forms including bribery, kickbacks, embezzlement, vote buying, cronyism, and nepotism. Additionally, corruption facilitates criminal enterprises such as black marketing and illegal gambling syndicates, both also prevalent. Corruption has both political and socio-cultural roots: the political system and its institutions allow graft and corruption to flourish, but it is people, not institutions, who are robbing government funds." On the other hand, the over-dependence on global economy by Gaynor Borade says that, "the growth of the Philippines economy drastically slowed to just 3.6% in the first three quarters of 2011, which is significantly less than the 7%-8% growth targeted by administration's Philippine Development Plan (PDP). Though the slowdown may have been due to the ongoing global crisis, it was markedly slower in comparison to other South-East Asian neighbors. Economic performance figures indicated a contraction in exports and a drop in FDI. Though the remittances from overseas Filipinos to the country grew in the first ten months of 2011, however the compensation that overseas Filipinos received actually fell, in peso terms, due to an appreciating peso. In 2011 the Aquino administration sought a FTA (Free Trade Agreement) with the EU and joined the Trans-Pacific Partnership (TPP). The administration further allowed the US to even more directly influence Philippine economic policy making in its self-interest, by entering in a Partnership for Growth (PfG).
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Sec. 1. Statement of policy. - It is the policy of the Philippine Government, in line with the principle that a public office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto.
Sec. 2. Definition of terms. - As used in this Act, the term -
(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a person other than a member of the public officer's immediate family, in behalf of himself or of any member of his family or relative within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is under the circumstances manifestly excessive.
(d) "Person" includes natural and juridical persons, unless the context indicates otherwise.
Sec. 3. Corrupt practices of public officers. - In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. chan robles virtual law library
(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.
(h) Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong. chan robles virtual law library
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to in subparagraph (k) of this section shall, together with the offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government.
Sec. 4. Prohibition on private individuals. - (a) It shall be unlawful for any person having family or close personal relation with any public official to capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage from any other person having some business, transaction, application, request or contract with the government, in which such public official has to intervene. Family relation shall include the spouse or relatives by consanguinity or affinity in the third civil degree. The word "close personal relation" shall include close personal friendship, social and fraternal connections, and professional employment all giving rise to intimacy which assures free access to such public officer.
(b) It shall be unlawful for any person knowingly to induce or cause any public official to commit any of the offenses defined in Section 3 hereof.
Sec. 5. Prohibition on certain relatives. - It shall be unlawful for the spouse or for any relative, by consanguinity or affinity, within the third civil degree, of the President of the Philippines, the Vice-President of the Philippines, the President of the Senate, or the Speaker of the House of Representatives, to intervene, directly or indirectly, in any business, transaction, contract or application with the Government: Provided, That this section shall not apply to any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the Government along the same line of business, nor to any transaction, contract or application already existing or pending at the time of such assumption of public office, nor to any application filed by him the approval of which is not discretionary on the part of the official or officials concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law, nor to any act lawfully performed in an official capacity or in the exercise of a profession.
Sec. 6. Prohibition on Members of Congress. - It shall be unlawful hereafter for any Member of the Congress during the term for which he has been elected, to acquire or receive any personal pecuniary interest in any specific business enterprise which will be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by the Congress during the same term.
The provision of this section shall apply to any other public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution, and acquires or receives any such interest during his incumbency. chan robles virtual law library
It shall likewise be unlawful for such member of Congress or other public officer, who, having such interest prior to the approval of such law or resolution authored or recommended by him, continues for thirty days after such approval to retain such interest.
Sec. 7. Statement of assets and liabilities. - Every public officer, within thirty days after the approval of this Act or after assuming office, and within the month of January of every other year thereafter, as well as upon the expiration of his term of office, or upon his resignation or separation from office, shall prepare and file with the office of the corresponding Department Head, or in the case of a Head of Department or chief of an independent office, with the Office of the President, or in the case of members of the Congress and the officials and employees thereof, with the Office of the Secretary of the corresponding House, a true detailed and sworn statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year: Provided, That public officers assuming office less than two months before the end of the calendar year, may file their statements in the following months of January.
Sec. 8. Dismissal due to unexplained wealth. - If in accordance with the provisions of Republic Act Numbered One thousand three hundred seventy-nine, a public official has been found to have acquired during his incumbency, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income, that fact shall be a ground for dismissal or removal. Properties in the name of the spouse and unmarried children of such public official may be taken into consideration, when their acquisition through legitimate means cannot be satisfactorily shown. Bank deposits shall be taken into consideration in the enforcement of this section, notwithstanding any provision of law to the contrary.
Sec. 9. Penalties for violations. - (a) Any public officer or private person committing any of the unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less than one year nor more than ten years, perpetual disqualification from public office, and confiscation or forfeiture in favor of the Government of any prohibited interest and unexplained wealth manifestly out of proportion to his salary and other lawful income.
Any complaining party at whose complaint the criminal prosecution was initiated shall, in case of conviction of the accused, be entitled to recover in the criminal action with priority over the forfeiture in favor of the Government, the amount of money or the thing he may have given to the accused, or the value of such thing. chanrobles virtual law library
(b) Any public officer violation any of the provisions of Section 7 of this Act shall be punished by a fine of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment not exceeding one year, or by both such fine and imprisonment, at the discretion of the Court.
The violation of said section proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public officer, even if no criminal prosecution is instituted against him.
Sec. 10. Competent court. - Until otherwise provided by law, all prosecutions under this Act shall be within the original jurisdiction of the proper Court of First Instance (now Regional Trial Court).
Sec. 11. Prescription of offenses. - All offenses punishable under this Act shall prescribe in ten (10) years.
Sec. 12. Termination of office. - No public officer shall be allowed to resign or retire pending an investigation, criminal or administrative, or pending a prosecution against him, for any offense under this Act or under the provisions of the Revised Penal Code on bribery.
Sec. 13. Suspension and loss of benefits. - Any public officer against whom any criminal prosecution under a valid information under this Act or under the provisions of the Revised Penal Code on bribery is pending in court, shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed
against him. chan robles virtual law library
Sec. 14. Exception. - Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude or friendship according to local customs or usage, shall be excepted from the provisions of this Act.
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful trade or occupation by any private person or by any public officer who under the law may legitimately practice his profession, trade or occupation, during his incumbency, except where the practice of such profession, trade or occupation involves conspiracy with any other person or public official to commit any of the violations penalized in this Act.
Sec. 15. Separability clause. - If any provision of this Act or the application of such provision to any person or circumstances is declared invalid, the remainder of the Act or the application of such provision to other persons or circumstances shall not be affected by such declaration.
Sec. 16. Effectivity. - This Act shall take effect on its approval, but for the purpose of determining unexplained wealth, all property acquired by a public officer since he assumed office shall be taken into consideration.
Written by Daisy Brett-Holt on 31 October 2009.
Jaeyoun Kim’s ESSAY ABOUT THE PHILIPPINES
Jaeyoun Kim is a South Korean who wrote this essay when he was a student at the University of the Philippines sometime in 2006. In it he claims that the Filipinos' problem is not corruption but the lack of love for our country.
There is some truth to Jaeyoun Kim’s claims and observations about our country, however, to say that “. the problem is the lack of love for the Philippines” is a very simplistic way of looking at and solving the country’s myriad of problems.
Response to the Essay:
It was true that in the fifties up to the early sixties, before Ferdinand Marcos plundered our country’s treasury, we were considered rich by Asian standard. But even then, during the Garcia and the Macapagal presidency, corruption was in the ascendancy. I can still hear my father saying that Marcos is the solution to the country’s graft and corruption malady. Even he realised how wrong he was!
Decades on, corruption still exists but in a more sophisticated, deeply rooted and centralised form. It has spread extensively in all walks of life that corruption seems to be the norm and a part of the Filipino culture. How could we have allowed this to happen? Could it be true that we have not loved our country enough? And is it also true that ‘all we need is love’?
How can you say that the Filipinos do not love their country? You are talking about the people who brought `PEOPLE POWER’ to the world. We were the people who put our lives at stake by lining up the streets and in front of the Dictator Marcos’ tanks and armaments. We won the People Power Revolution without a shot being fired!
We are also the people, who through People Power Revolution, brought about the first Impeachment Trial in Southeast Asia. It led to the downfall of the then President, Ejercito Estrada.
Of course we love our country, but successive exercise of People Power Revolution did not bring change to our political landscape. Corruption got worse even with succeeding presidents vowing to curb graft and corruption. Even though Cory Aquino was able to restore democracy in the Philippines, the 1987 Constitution that she inspired, was toothless. It kept the power in the society in the hands of the politicians and the rich and powerful. The poor became poorer and the rich, richer. The old pre-Marcos system was kept intact.
The sad and obvious result was people’s disappointment and apathy. As corruption deepens in the three branches of government, people had become numbed to it. It became part of their lives. Sadly, it became part of our culture! Law became selective in favour of the rich and powerful. Many judges were bribed, bought or coerced. Laws were reformed, revised and amended, again by the powerful few. So where do the ordinary people fit into it? Besides being the recipient of a defective law, NOWHERE.
Of course we love our country and still do. We have not deserted it but we have learned to accept our misfortune. We have become tired of and disillusioned by People Power Revolution. So, is all we need _LOVE?
The only solution to our society’s problem besides love is the shifting of real power in government from the privileged few to the people. How do we do this? Since our one judge system is flawed and is prone to corruption, we should change it to a jury system where juries of ordinary citizens have the final say in civil and criminal cases. As Winston Churchill once said “ONLY AS LONG AS JURIES OF ORDINARY CITIZENS HAVE THE FINAL SAY, GOVERNMENT REMAINS THE SERVANT, NOT THE MASTER OF THE PEOPLE.”
As historian De Tocqueville in his book “Democracy in America” said _ THE JURY SYSTEM IS THE MOST EFFECTIVE WAY OF ESTABLISHING THE PEOPLE’S RULE AND THE MOST EFFICIENT WAY OF TEACHING THEM HOW TO RULE.
However, there are many Filipinos who will not advocate the jury system simply because the idea came from the west. After years of being free from the Americans, they still retain their suspicion of the `colonial mentality’. A typical example of this type of Filipino is Francis Rae Camtugan who wrote in the Philippine Jury System’s (an affiliate of Philippine Jury Campaign Int’l (UK) Ltd.) Facebook that:_ “There is no need to copy the American Jury System or any foreign jury system. The jury system was created and perfected in the West. It fits the culture and societal structures of some Caucasian groups. Getting a foreign judicial system and introducing it to the Philippines is like getting a temperate-region plant and trying to cultivate it in a tropical climate. The different ethnic groups can create their own or modify the currently existing systems as to conform to traditions.
So what's next? - Pattern ASEAN with the Socialist European Union, elect a minority President, get rid of the peso and devise a new currency for the Southeast Asian nations or more free trade? I understand that the idea of having a jury system is merely an offshoot of some people’s inclination towards more Western values and internationalism.”
As a people, we do not have to re-invent the wheel to find a system that will work for us. Many inventions in the field of science and sociology came from the west, even the World Wide Web. They are generally good, so why abhor them just because they are western? Grow up, Francis.
Francis’ diatribe was followed by April’s retort, “Although I do agree about "NOT" copying the American Jury System. I agree Not because it is American but because our people is not yet politically mature as a whole to handle such a system.”
The Filipinos will not reach political maturity if they do not have the means and exposure to situations that will lead to political maturity. By analogy, birds do not learn to fly by jumping up and down in their nests. They have to fall and as they fall, they must learn to fly. Does this address your doubt, April?
This is how the Filipinos will reach maturity and on the way, they will learn their duties and responsibilities as citizens; be able to judge their own peers and learn to rule and be ruled. Our country’s leaders will be deterred from corruption because they know that the people can sue government officials for irregularities and mismanagement. Corrupt leaders will not be shielded by their money and power. THE PEOPLE RULES.
Finally, when the people has the sovereign power and sit next to each other whatever religion or social status as jurors, they become equal in the eyes of God and Man. The enmity between the Christians and Muslim brothers will be quelled. There will be reconciliation and thus we will all live in peace.
So, to sum up this response to Jaeyoun Kim’s essay about the Philippines _ YES, WE LOVE OUR COUNTRY BUT THAT LOVE MUST BE NURTURED AND KEPT BURNING BY THE KNOWLEDGE THAT WE ARE THE MASTERS OF OUR FATE THROUGH A JURY SYSTEM.Support our movement for Trial by Jury in the Philippines. REGISTER NOW. Your registration is equivalent to signing a Signature Campaign form. Comments
Well, I'd just bought this Oct. 2013 edition of Philippines Graphic entitled "The People's COngress" & I thought that it'll tackled on how should change our country through political will & love of our country as similar to this topic but you could turn that mag on page 26 & it told an example on how our country should be like one of the proud few of Million People March on how'd they'd voiced out against the pork barrel system in our country on the height of that scam, late last year. IMHO, as what I observed on this blog and that mag I just read it today, here are other ways to make change to our country besides love of our country & people. 1) As what I'd mentioned above, POLITICAL WILL. 2) Removing the crab mentality that hinder us in the 1st place, and 3) In w/c Mr. Kim forgot to mentioned his speech in w/c its a big reason on how his country thrived & survived is DISCIPLINE, and surely they have culture of discipline in their country than our own.
+1 #17 John B. Estipona 2013-08-29 01:07
It is only the Love of ones Country that may resolved and conquer corruption….!
Corruption is just a product of no love or lack of "Love" for the country he had committed his corruption with, because no one will ever think of robbing his own.
Even for those who wants to commit corruption, if he recognizes the country as his own and has the love & compassion towards that country, he won't do so on his own!
However, if Love makes one strive “Beware of Laziness” for it may narrow down ones “Love” into “Selfishness” that may leads to compromises and became prone to “Corruption”.
Now is the time….
To plant the seed of life and the planting starts at home where true teaching really begins…
To mold a person and build up a new generation of Politician that will in time be in place to lead the country we hope for…
We claim that we love our country but many of us after leaving the country would rather not come back. We can't be blamed because it's one way to alleviate poverty. Our country becomes second priority. There's a great truth about not loving our country, the lack of patriotism one glaring truth is our love and fondness (most of us)of western culture and other countries', patronizing their products more instead of enriching and promoting that are ours. We are more proud to speak, act and look like westerner rather than being baduy. By this, we lose our sense of being a Filipino. I think we have to start contemplating. We, Filipinos are tough and survivors. The only thing we need is to be united and solid. I hope that what happened on August 26 is not just a flash in the pan.
Well said. I agree with you
+1 #14 Gelolicious1985RN 2013-08-28 01:53
Somehow the writer of that essay is right for some Details We love our country but not fully pledge. And we filipinos must know who is the deserving politicians during elections. We are responsible for this matters. And the main possible solutions are stop the corruption and give kind to others.
Kim is right. if we really want changes in gov't, we should be responsible in voting our leaders carefully. Nothing pisses me off more than electing officials that doesnt really deserve it. If we love our country, vote wisely, be involve in the meeting de avance and get to know them. Many filipinos doesnt realize the impact of picking popular celebrities or voting political dynasty that pays the voters. im tired of hearing filipinos justifying their act of receiving money for their votes because of poverty and empty stomachs. Enough of that, if we have love within ourselves, God will provide! We need to change our mentality of livng in short-term goals and think about the future. we need to start with simple things like stop throwing thrash in the river, keeping the streets clean, taking care of rare exotic animals rather than eating or selling it. Im just saying, our environment reflects on who we really are and its really visible that we dont care. lets take things one at a time.
I disagree with Jaeyoun Kim's belief. We Filipinos, of course, love our country. We are proud of our country. The problem, in my opinion, is the power to act. Yes, we do love our country. We want our country to regain its reputation as one of the richest countries in Asia. We want our lives to improve. The question is, what do we do to realize them?
0 #11 eulysis robles 2013-02-11 09:01
0 #10 Daisy Brett-Holt 2012-02-14 02:50
Fr Gideon, thank you for your comment. I suppose it is right to say_ "I love my children but I'm not proud of them or I'm ashamed of them." What can we do besides teaching them our language? I am now forming in and around Frimley an association of Filipino Youth for PJI whose aim is to develop patriotism and love for country. I may need your advice in promoting it. I will keep in touch.
In his essay the Korean's observation of us for not loving our country is somewhat valid. I would probably say that we are not that proud of our "Inang Bayan" or our heritage, rather than not loving her.
By observing ourselves, let me point out something very basic.
As migrants, let's compare ourselves to others, especially to those of our ASEAN neighbours. How many migrant Pinoys that you know, would deliberately and wittingly teach their children Tagalog or a regional dialect? Only but a few! And yet, if you visit a family, let's say of Chinese, Indian, Vietnamese, or Korean origin, you notice that parents converse with their children in their own language. Doesn't this say something? Some Pinoy parents told me that out of convenience, they would rather speak English to their children. I kept telling them that there is nothing wrong about their children being bilingual or trilingual. Didn't Rizal said something about not loving your own language? Just a thought.
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