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181
Philippine Provinces / Opening Remarks of Governor Jayvee Tyron L. Uy
« on: December 08, 2019, 07:48:13 PM »
OPENING REMARKS
RDC XI 4TH QUARTER/YEAR-END MEETING
6 December 2019
Governor Jayvee Tyron L. Uy
RDC XI Chairperson
 
I am indeed humbled to be entrusted by no less than President Rodrigo Duterte with this duty to lead the Regional Development Council for Davao Region for 2019-2022. It is my first full council meeting as your new Chair and no word can describe the excitement I feel with this opportunity to work with all of you, dynamic and competent development leaders of our region.
 
In the RDC Advisory Meeting held last month, Congressman Isidro Ungab cited that Davao Region’s economy is growing faster than the National Capital Region. In fact, our region’s average economic growth is way higher than the national average. With this feat, this RDC has a big task on its shoulders- to sustain these gains and bring the economic trajectory of the region even further.
 
The task of sustaining these milestones is not easy. There are a lot of factors, both external and internal that may hamper our growth. For instance, we were not spared by the damages brought by the strong earthquake that hit last month. In our region, Davao del Sur suffered the strongest impacts. Natural disasters alongside insurgency and other threats still makes our economy fragile.
 
Aware of our vulnerabilities, we are still optimistic. This is because we are also confident of our assets and strengths. Our leaders and stakeholders are united, our direction is clear, and no less than the President of the Republic and key cabinet secretaries are from our region. The tempo and the right elements are with us.
 
We know that development is correlated with all other issues, the problem of long standing insurgency in the region is the most pressing. As someone who led the Regional Peace and Order Council for three years and as a provincial governor of a province long affected by these conflicts, I know for a fact that development spells the difference between peace and conflict. The less developed communities are also the areas where insurgency is most persistent. This correlation is undeniable. This only proves the importance of RDC. As a council, we are tasked to push for projects that will bring development to where it is needed. It is within our powers to propose for projects that will help enhance the economy and thereby opening opportunities for many.
 
Just recently, we launched the Regional Operations Center of the Task Force-End Local Communist Armed Conflicts. This may be a security-specific measure but the participation of RDC provides the development aspect of it.
 
We are also assured that with the oath taking of special non-voting members today, our council’s perspective will be diverse. Today, we shall also complete the full re-organization of RDC XI as our sectoral and special committee chairpersons will also take their oath. This will further strengthen the coordinative mechanisms set by RDC XI.
 
The work on our shoulders are indeed hard but Theodore Roosevelt leaves us one food for thought, “Far and away, the greatest prize one can have in life is to work hard at work worth doing”.
 
May we have a productive and fruitful discussion.
 
Thank you very much!

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182
Philippine Provinces / Gipusil-patay sa kainom
« on: December 08, 2019, 07:13:19 PM »
By ABS-CBN Southern Mindanao
GIPATAY SA KAUBAN SA TRABAHO

Gipusil-patay sa iyang kainom sa mining tunnel sa Mascareg, Brgy. Anitapan, Mabini, ComVal niadtong Huwebes sa gabii si Ponciano Lopez.

Personal nga bikil ang gilantawng motibo sa krimen sa Mabini Police, ug giilang person of interest si alyas Diego Maglasang nga iyang kauban sa trabaho ug kainom niadtong tungura.

Ginapahigayon na ang manhunt operation sa kapulisan.

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183
Philippine Education / SPCT SOUTHERN PHILIPPINES COLLEGE OF TECHNOLOGY
« on: December 08, 2019, 06:27:05 PM »
Reposted from FB
SPCT MONKAYO DAVAO DE ORO
SOUTHERN PHILIPPINES COLLEGE OF TECHNOLOGY
NAHIMUTANG KINI SA P-2 SAMUAG POBLACION MONKAYO DAVAO DE ORO
NAGA DAWAT UG MGA ESTUDYANTE NGA KUNG KINSA ANG GUSTO NGA MAG TUON NIINING SMAW(SHIELDED METAL ARC WELDING NCII UBOS NIINING PROGRAMA SA UNIVERSAL ACCESS TO QUALITY TERTIARY EDUCATION
TRAINING SLOT -25PAX
TRAINING TIME 8AM TO 3PM  ONE HOUR BREAK
TRAINING DURATION 45 DAYS(268 HOURS

BENEFITS
FREE TRAINING
FREE ASSESSMENT
ALLOWANCE WORTH P5,000 EVERY SEMESTER

MISCELANEOUS:
STUDENT SUPPORT SERVICE
MEDICAL-DENTAL SERVICE
ID CARD
ACCIDENT INSURANCE \ YEAR
FREE STARTER TOOLKIT(WELDING MACHINE AND OTHER TOOLS EQUIPMENT

QUALIFICATION OF BENEFICIARIES
FILIPINO CITIZEN
15 YRS OF AGE
MUST BE AT LEAST HIGH SCHOOL GRADUATE OR HIGH SCHOOL COMPLETER OR ALS GRADUATE

WITH ANNUAL FAMILY INCOME OF THREE HUNDRED THOUSAND(3000,000.00) AND BELOW

DOCUMENTARY REQUIREMENT
BIRTH CERTIFECATE(MARRIAGE CERTIFECATE FOR MARRIED WOMAN ) IN LONG BROWN ENVELOPE

2.1-FORM 137 OR
2.2-FORM 138 (REPORT CARD) OR
2.3-HIGH SCHOOL DIPLOMA OR
2.4-HONORABLE DISMISSAL FOR COLLEGE UNDER GRADUATE
3.1 CERTIFICATE OF INDIGENCY FROM MSWD OR CERTIFICATE OF LOW INCOME FROM BARANGAY
PWD ID FOR DIFFERENTLY-ABLE PERSON

NON-ELIGIBILITY TO FREE
TECHNICAL-VOCATIONAL EDUCATION AND TRAINING
-LEARNERS WHO HAVE OBTAINED A BACHELOR"S DEGREE
-LEARNERS WHO ARE ALREADY HOLDERS OF A CERTFICATE OR DEPLOMA FOR A THECNICAL-VOCATIONAL COURSE EQUIVALENT TO NATIONAL CERTIFICATE LEVEL III OR HIGHER
-LEARNER WHO FAIL IN PUBLIC TVET PROGRAM NOT REGISTERED/RECOGNIZED UNDER TESDA  AND
-LEARNERS WHO VOLUNTARILY OPT OUT OF FREE TVET PROVITION
-NO DUAL AVAILMENT OF SCHOOLARSHIP GRANT

CURRENT STUDENT/TRAINEES OF ANY GOVERMENT SPONSORED PROGRAM CANNOT AVAIL ANOTHER SCHOOLARSHIP

NOTE:
SPCT ADMIN WILL PRIORITIZE APPLICANTS WHO ALREDY SUBMITTED THEIR RESPECTIVE REQUIRMENTS AND THUS WHO WILL UNDERGO THE SAID ORIENTATION.

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184
Job Opportunity / NEA Job Vacancy
« on: December 08, 2019, 05:50:03 PM »
All qualified applicants are enjoined to submit application letter (please indicate position title, item number and department/office), Personal Data Sheet (PDS) with recent passport-sized picture (CS Form No. 212 revised 2017), copy of IPCR (latest rating period), potential assessment rating signed by immediate supervisor (for employed applicants, form available at the HRMD), copy of eligibility and TOR to the HRMD not later than December 12, 2019. Applicants may also send their applications thru the e-mail address: hrmd@nea.gov.ph. Previous applicants to republished position/s need to submit their updated PDS and application letter. For those who are applying to more than one (1) position, please submit complete attachments for each position/item. Only applications with complete attachments will be accepted.

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185
Philippine Provinces / Fake News on LTO Student Permit via NC 2
« on: December 08, 2019, 01:53:19 PM »
Press Release
LTO:  NC-II bilang Student Permit (SP) requirement, isang Fake News

Quezon City, Philippines--Nilinaw ngayon ng Land Transportation Office (LTO) na isang fake news ang kumakalat na Facebook (FB) post ukol sa pangangailangan ng National Certificate (NC) II sa pagkuha ng Student Permit (SP), at pareho lamang ang ibibigay na exam para sa Non Professional at Professional.

Ayon sa LTO, MALI AT IRESPONSABLE ang naturang post.

Totoong may pagbabago sa proseso ng pagkuha ng Student Permit at lisensya. Ito ay alinsunod sa Republic Act No. 10930, ang batas na nagpapahaba ng bisa ng lisensya at nagbibigay-parusa sa mga aksyon na lumalabag sa pag-isyu at aplikasyon nito, at sa Implementing Rules and Regulations (IRR) nito.

Inatasan ng batas ang LTO na gumawa ng mga prerequisites, at gabay upang masiguro na mga karapat-dapat na aplikanteng drayber na may karampatang kakayahan at kaalaman sa road safety at proper road courtesy lamang ang mabibigyan ng lisensya. Ito ay para iangat ang kalidad ng paglilisensya sa mga karapat-dapat na drayber sa ating bansa, at upang masiguro ang kaligtasan sa mga lansangan at maiwasan ang disgrasya sa daan.

Sa ngayon, inaayos na ng Ahensya ang mga detalye na magiging gabay sa pagpapatupad ng batas.

Maglalabas ng anunsyo ang Ahensya ukol sa mga naturang pagbabago.

Maaaring ma-download ang batas at ang IRR nito sa lto.gov.ph

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186
Philippine Provinces / Road Accident in Sta. Cruz, Davao del Sur
« on: December 08, 2019, 01:34:32 PM »
DUHA PATAY,TULO SAMARAN SA BANGGA SA TULO KA SAKYANAN SA SANTA CRUZ,DAVAO DEL SUR KAGABII

By ABS-CBN Southern Mindanao:: Nabanggaan sa usa ka FB Van ang tricycle,motorsiklo ug usa ka bystander sa highway sa Barangay Coronon,Santa Cruz Davao Del Sur pasado alas otso kagabii.

Dead on arrival sa Davao Del Sur Provincial hospital sila Rhea Mae Sanchez 22 anyos ug Justia Villaflor 1 year old.

Sakay sa tricycle ang duha nga gimaneho ni Justin Villaflor nga naangul sab panghitabo.

Subay sa imbestigasyon sa Santa Cruz Police, paspas ang padagan sa Van padulong sa davao nga gimaneho ni Erwin Bituin dihang na-overshoot sa kalsada ug mitabok sa pikas lane hinungdang nabangaan niini ang tricycle.

Nadamay pa sa bangga ang nagmotorsiklo nga Arnold Pezon ug usa ka bystander sa lugar nga si Renberic Tagaod nga parehong gipangtambalan sa hospital.

Photos:Santa Cruz Police

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187
Philippine Provinces / Eastern Samar Development Update
« on: December 08, 2019, 01:30:41 PM »
Press Release
GOVERNORs' PERFORMANCE 2019
BENserbisyo EVARDONE
"Eastern Samar...Aton Probinsya, Tawo Iton UNA"
Binisita An Brgy. Iwayan, Oras  Komo Kaparte Han Panginano Kun Ano An Mga Kahimtang Han Kabarangayan.
Disyembre 5 Huwebes

Mahuman mag 'turn-over han 160 kasako nga bugas ha munsipyo han Oras, Sinirangan Samar, nagdiretso an Team Performance ngadto ha Brgy. Iwayan, Oras nga maabot trenta minutos nga byahe pinaagi hin pagsakay han sampan o di- makina nga baloto. Dinhe, dara na gihapon han grupo an ayuda nga bugas para han Brgy. Iwayan, nga kaparte han 160 kasako para ha bungto han Oras. Hine nga panhatag hin bugas tikan han pondo han probinsya, una na dinhe nga kinarawat an Arteche nga maabot 130 kasako ngan sinundan han Jipapad nga mayda 104 kasako hin bugas nga nahipadangat. Ngan posible naman sumunod an bungto han Maslog.

Iguin promiso ni Gob. Ben Evardone han mga molopyo han Brgy. Iwayan nga mabalik pa gihapon an grupo hine nga barangay dire na hiunong hin kalamidad kundi an padayon nga panginano han mga proyekto labi na pagtuman hin kalsada agud makab-ot na ine nga lugar pinaagi hin 'land transportation'. Usa pa dinhe an paghuman han covered court nga aada pala ha Phase1 an natrabaho.

Ha parte han panlawas, iguin malipay gihapon igsumat han Gobernador, an mga poyde na matagamtaman nga programa han gobyerno labi na "Universal Health Care" (UHC), an ngatanan libre na han Philhealth. Ha 'Provincial Hospital' ginbubuhat na gihap an "Libre Na, Libre Pa" pinaagi han pag asister han "Malasakit Center" nga aada an 'one stop shop' nga pagproseso han mga libre nga programa.

Kanan ha pag-aradman naman, labot la nga libre naman an Edukasyon o libre na an 'tuition fees', guin siguro na an pondo ha tuig 2020, an hingyap ni Gob. Ben nga matagan naman hin libre nga 'allowance' an mga estudyante para han transportasyon ngan 'miscellaneous expenses' bisan pa ha pag-abot han pag 'review' nga ma eksamin han 'board exams' mayda liwat naka alutaga nga pondo para dinhe.

Sireng niya, ine nga katumanan, dara na ine han solido nga pagkaurusa han Team Performance mas hapsay an madadangatanan nga mga kaupayan para han mga kabarangayan dara han pagbinubligay nira han Kongresista, Maria Fe Abunda upod hi Bise-Gobernador Maricar Sison Goteesan ngan han mga Board Members ug iba pa nga mga opisyales.

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188
Philippine Provinces / SPMS Box
« on: December 08, 2019, 01:28:19 PM »
Press Release
Maguindanao Government nagpaabot ng tulong sa mga naapektuhan ng tensyon sa SPMS Box

Dalawang dumptruck na lulan ng libo-libong food items ang ipinagkaloob ng Provincial Government ng Maguindanao sa mga residenteng lumikas matapos maapektuhan ng tensyon sa nagpapatuloy na pagtugis ng militar kontra mga armadong grupo sa SPMS Box partikular sa mga liblib na Baranggay ng Shariff Saidona Mustapha.

Ang mga lumikas na pamilya mula Shariff Saidona Mustapha ay pansamatalang nanuluyan sa katabing mga baranggay nito sa Shariff Aguak.

Kahapon, base na rin sa direktiba ni Maguindanao Governor Bai Mariam Sangki Mangudadatu ay tinungo ng PDRRMO katuwang ang militar ang Evacuation Site at pinagkalooban ng tulong ang mga bakwit na pansamantalang nanunuluyan sa mga ng Brgy. ng Tapikan, Brgy Lepok, Brgy Bagong Upam, Brgy Bialong, Brgy Malingaw, Brgy Tina  at Brgy Kuloy sa Shariff Aguak.

Nanguna rin sa relief distribution ang former 2 termer Shariff Aguak Mayor Bai Zahara Upam Ampatuan.

Nagpapasalamat naman ang mga naabutan ng tulong mula sa itinuturing na Agila ng Maguindanao.

Samantala patuloy naman ang pagsisikap ng bagong Administrasyon sa Maguindanao na tuluyang matugunan na ang matagal ng problema sa SPMS Box.

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189
Philippine Provinces / Sarangani Provincial Mobile Force Company
« on: December 08, 2019, 01:27:11 PM »
PNP Spot Report
"He that plants trees loves others besides himself"

December 8, 2019, Sarangani Provincial Mobile Force Company participated the Bamboo Planting and Clean-Up Drive Activity of Mindanao State University- General Santos City in partnership with the Sangguniang Kabataan Council and the Brgy Council of Lun Padidu together with Mr Rex Lipang and Mr Jerson Santillan, PAC members and of course AKLAT CLUB officers also participated on the said activity at Purok Baguan, Brgy Lun Padidu, Malapatan, Sarangani Province.

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190
Philippine Provinces / Police nga Namusil ug PNP Official sa Agusan del Sur
« on: December 08, 2019, 01:22:34 PM »
By MindaNet Balita
Pulis nga wanted sa pagpusil sa iyang opisyal napatay sa manhunt operation

Napatay sa gilusad nga manhunt operation sa kapulisan si Patrolman John Paul Gerida, 28, karong buntag lang didto sa Bunawan, Agusan del Sur.
Si Gerida mao ang mipusil sa ulo kang Lt.Colonel Rex Lomente, Force Commander sa 2nd Agusan del Sur Police Provincial Mobile Force Company niadtong Biyernes sa gabii didto mismo sa opisina sa headquarters sa Bunawan. Gipatawag matod pa sa opisyal niadtong higayona ang suspek ug gibadlong gumikan kay matod pa hubog kini. Wala nadugay sa ilang panag-istorya, gipusil ni Gerida si Lomente.

Kagahapon lang, gihatagan og 72 oras nga ultimatum ang suspek aron mohimo sa pagsurender ug atubangon ang nahimong salaod.

Aduna usab 50K nga gipatong sa ulo sa maong pulis aron mapadali ang pagkasikop niini.

via RICHARD GRANDE/NEWS 106

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191
Bohol Latest News / Fake Gold Bars sold in Bohol
« on: December 08, 2019, 12:48:14 PM »
A big-time syndicate behind the sale of fake gold bars was cornered during an entrapment operations by city police operatives last Sunday.
      SP03 Chito Redulla, chief of investigation, said that as of 4:00 o'clock yesterday afternoon, six victims from various towns surfaced at the city PNP headquarters to confirm that the same group  victi- 
mized them of cash by selling a gold bar priced at P250,000 per kilo.
     The entrapment operations near Englewood Hospital arrested five members of the syndicate formerly based in Cagayan de Oro City. 
:: source: Bohol Chronicle, March 08, 2000

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192
Press Release Philippines / REMOVING TEACHERS FROM NON-TEACHING FUNCTIONS
« on: December 07, 2019, 10:27:22 PM »
SOLONS PUSH FOR REMOVING TEACHERS FROM NON-TEACHING FUNCTIONS
Press Release::
[ACT-CIS Rep. Tulfo wants alternative learning solution, more reading mentors to address poor reading comprehension]

In the wake of the bottom-scraping results of Filipino students' rankings in a global survey of 79 countries, some lawmakers have solutions to the quality issues in basic education, particular on reading comprehension, the plight of teachers, and funding.

Biñan City Rep. Marlyn Alonte has authored HB 5562 or the "Bawas Non-Teaching Load Act" to unburden teachers of all non-teaching workload, while Bohol 3rd District Rep. Alexie Tutor has proposed her ‘School Health & Safety Act’ (House Bill 4232) to remove teachers from social work and school health functions.

Meanwhile, ACT-CIS Party-List Rep. Jocelyn P. Tulfo wants non-readers grouped into an alternative learning track to directly address their reading challenges.

House Bill 4232 seeks to establish the School Health and Safety Office in each public school. The SHSO would be manned by qualified, licensed, and certified personnel while House Bill 5562 provides that appropriate and qualified administrative personnel shall be responsible for the performance and discharge of non-classroom teaching functions and roles on campus so that teachers can better focus on classroom teaching.

KABAYAN Party-list Rep. Ron Salo said he will co-author both HB 5562 and HB 4232. “Both bills seek to unburden public school teachers of non-teaching responsibilities heaped upon them by various regulations of  the Department of Education. When teachers are unloaded of their add-on administrative work such as property custodianship and recorders of financial transactions, they can focus on their real work in the classroom," he said.

ACT-CIS Party-list Rep. Jocelyn Tulfo suggested an alternative learning path for students with reading challenges and education bonds and foreign aid to fund quality improvement programs.

She said, "reading comprehension is a particularly difficult challenge because of the intense poverty most public school elementary and high school students face every day. Most elementary school graduates are non-readers."

"Hindi dapat ipasa sa high school teachers ang problema na dapat na-address na bago pa man mag-graduate ang bata sa Grade 6, dahil pati high school nadadamay sa reading problem," the congresswoman said.

ALTERNATIVE LEARNING SOLUTION

"To address the Reading problem, I suggest that after Grade 3, for pupils with significant reading comprehension difficulties, there be a special Alternative Learning System (ALS) intervention curriculum run by the DepEd's Education for Learners with Special Needs Office (ELSNO). However long it takes for them to reach the reading standard of Grade 6 level, they stay in the ALS until they graduate," Tulfo said.

Tulfo added that "for current students in Grades 4, 5 and 6 the same ALS curriculum for non-readers should be able to absorb those students and prevent the non-reading problem from spreading to high school."

"Ga-graduate pa rin ang non-reader elementary pupils at high school students; ngunit ibang curriculum, ALS for Non-Readers na ang dadaanan nila sa halip na regular curriculum, dahil sa mayroon silang special needs na may kinalaman sa hirap sa pagbabasa," Tulfo explained.

"To implement this, DepEd must hire more teachers with special training on students with reading challenges. I believe there is no other way to go about this massive reading problem in our public elementary schools," Tulfo said. (END)

Reference: OMNIBUS NEWS RELEASE - 09177292437
Rep. Jocelyn P. Tulfo, ACT-CIS Party-list
Rep. Marlyn 'Len' Alonte, Binan City
Rep. Ron P. Salo, KABAYAN Party-list
Rep. Alexie B. Tutor, Bohol Province 3rd District

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193
Philippine Laws / Attempt to Evade or Defeat Tax
« on: December 07, 2019, 10:20:50 PM »
Revenue Code of the Philippines
SECTION 254. Attempt to Evade or Defeat Tax. - Any person who willfully attempts in any manner to evade or defeat any tax imposed under this Code or the payment thereof shall, in addition to the other penalties provided by law, upon conviction thereof, be punished by a fine of not less than Thirty thousand pesos (P30,000.00) but not more than One hundred thousand pesos (P100,000.00) and suffer imprisonment of not less than two (2) years but not more than four (4) years: Provided, That the conviction or acquittal obtained under this Section shall not be a bar to the filing of a civil suit for the collection of taxes.

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194
G.R. No. 196256

December 05, 2016

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. WILLY VALLAR, HERACLEO VALLAR, JR. (A.K.A. ORACLEO VALLAR, JR.) DANNY VALLAR, AND EDGARDO MABELIN, ACCUSED, HERACLEO VALLAR, JR. (A.K.A. ORACLEO VALLAR, JR.), ACCUSED-APPELLANT. DECISION

SERENO, C.J.:

This is an appeal from the Decision[1] of the Court of Appeals (CA) affirming the Decision[2] of the Regional Trial Court (RTC) of Gingoog City, Branch 27. The RTC found appellant Oracleo Vallar, Jr. (Oracleo) guilty of the crime of robbery with homicide, attended by the aggravating circumstance of employment of disguise and abuse of superior strength.
THE INFORMATION
Criminal Case No. 89-323

That on or about the 21st day of June 1989, at more or less 7:00 o'clock in the evening, at San Isidro, Malibud, Gingoog City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating together and mutually helping one another, armed with high powered firearms and bladed weapon with which the accused were conveniently provided, did then and there wilfully, unlawfully and feloniously and by means of violence, with intent of gain and against the consent of the owner, take, steal and carry away cash money worth Fifteen Thousand (P15,000.00) Pesos belonging to Eugracia Bagabaldo, to the damage and prejudice of the said owner in the aforementioned sum of P15,000.00, Philippine currency, and that on the occasion of said robbery, the said accused in pursuance of their conspiracy, did then and there unlawfully and feloniously with treachery and evident premeditation, taking advantage of their superior number and strength, treacherously attack assault, shoot and stab the person of Cipriano Opiso, thereby wounding him on the epigastric area penetrating abdominal cavity and other parts of his body, and perform all acts of execution which would have killed said Cipriano Opiso as a consequence thereof, but nevertheless did not produce it by reason of causes independent of the will of the accused that is because of the timely and able medical attendance given to Opiso which prevented his death, and also the said accused in pursuance of their conspiracy, did then and there unlawfully and feloniously with treachery and evident premeditation, taking advantage of their superior number and strength, treacherously attack, shoot, assault and violate the person of Eutracio Bagabaldo, without giving Bagabaldo the chance to defend himself, inflicting upon Bagabaldo gunshot wounds on the left auxiliary region, left side of the face and other parts of his body resulting to the instantaneous death of Eufracio Bagabaldo. That the offense was committed with the aggravating circumstances of nighttime, band, evident premeditation, use of disguise, taking advantage of treachery and superior strength to facilitate the commission of the crime.
Contrary to and in violation of Article 293 in relation to Article 294 and Article 14, paragraphs 6, 13, 14, 15 and 16 of the Revised Penal Code.[3]

EVIDENCE PRESENTED
According to the prosecution, the robbery incident occurred around seven o'clock in the evening of 21 June 1989. At the time, Cipriano Opiso (Opiso) was sitting on a bench alongside the store of Eufracio Bagabaldo (Eufracio), when the following persons arrived, all wearing masks: Willy Vallar (Willy), Danny Vallar (Danny), Oracleo and Edgardo Mabelin (Edgardo).[4] Willy pointed his M14 rifle to the left side of the body of Opiso and said, "Don't move because this is a robbery." The latter managed to stand up, hold the muzzle of the gun and raise it upward, after which it exploded hitting the top of his head. Opiso continued to grapple for possession of the rifle and, in the process, unmasked Willy.[5] Suddenly, accused Oracleo moved toward Opiso and stabbed the latter in the stomach. Willy pushed Opiso, who fell to the bench, pleading "Do not kill me because I will die with this wound already."[6] Willy and Danny left Opiso and proceeded into the store. Edgardo and Oracleo remained on the roadside and served as lookouts.[7]
Once inside, Danny and Willy pointed their weapons at the spouses Eufracio and Pedrita Bagabaldo. Danny fired his pistol into the air and declared, "Money, this is a robbery." Unnoticed by the accused, Oscar Omac (Omac), the Bagabaldos' household helper, hid beside a table, from which he witnessed the entire incident. Meanwhile, Pedrita begged for their lives and placed P15,000 cash on the table upon which Danny put the cash inside a bag. Unsatisfied, he demanded for more money, but Pedrita explained that it was the only amount left.[8] Thereafter, he and Willy held Eufracio by his shirt collar and dragged him outside the store. Pedrita ran to the kitchen to hide.[9]
Meanwhile, Opiso was crawling towards the residence of Eufracio for safety when he heard two gunshots.[10] Pedrita,[11] Omac,[12] and a neighbour—Paterio Denoso (Denoso)—also heard the gunshots.[13] Denoso immediately went out to check what happened. On the way, he heard footsteps so he hid himself behind tall grasses. From his position, he recognized Willy and three other persons. After the four left, Denoso continued towards the Bagabaldo residence and found Eufracio lying on the ground dead.[14] The latter's remains were then brought inside the house, while Opiso was rushed to the hospital.[15]
The post-mortem report prepared by the medico-legal officer of Gingoog City revealed that Eufracio sustained a gunshot wound in the brain. Meanwhile, the medical examination of Opiso showed that the victim sustained a two-centimeter stab wound that penetrated his abdominal cavity and would have caused his death if not for the timely medical treatment.[16]
During trial, Opiso claimed that though the other accused wore masks, he was able to recognize their identity because he had known them personally for twenty years from the time that they were still students.[17] Omac testified that he clearly saw Willy's face; recognized Danny based on his stature, voice and mannerism; and was very familiar with the Vallar brothers, because they were residents of Malibud.[18] Meanwhile, Candelaria Solijon testified that on the day of the incident, at around six o'clock in the afternoon, she saw the four accused walking together.[19]
For his defense, Willy denied commiting the crime and claimed that he was working as a farmer at the time of the incident.[20] Danny also denied any involvement, explaining that he was with his family inside their house at that time.[21] Meanwhile, Edgardo testified that during the date and time of the incident, he was in Cagayan de Oro City busy tending the farmland owned by one Oscar Ramos.[22]
Oracleo likewise invoked the defenses of denial and alibi, averring that he was at the Gingoog City Junior College attending his classes, at around 5:30 and 7:30p.m on the date of the incident. He further asserted that after his last class on that day, he accompanied his girlfriend-classmate to her residence in Recurro, Gingoog City, and even met another classmate named Cecilia Bitangcor (Bitangcor) on the way. He further alleged that after conducting his girlfriend to her house, he proceeded to his residence at Lapak, Gingoog City. To corroborate his story, he presented his teacher Sheila Daapong (Daapong) who claimed that Oracleo attended both classes and even took the quizzes scheduled at 5:30 to 6:30 and at 6:30 to 7:30p.m. Bitangcor also testified that she met Oracleo and his girlfriend at around eight o'clock on the date of the incident on Motoomull Street, Gingoog City.[23]
THE RTC RULING
In a Decision dated 20 July 2002, the RTC found Willy, Danny, Oracleo, and Edgardo guilty of the crime of robbery with homicide and frustrated homicide attended by the aggravating circumstance of employment of disguise and commission of the crime by a band.[24] Appellants were sentenced to suffer the penalty of reclusion perpetua and to indemnify the offended parties—Pedrita in the amounts of P100,000 as moral damages and P50,000 as compensatory damages; and to Opiso the amount of P50,000 for actual expenses and P30,000 for moral damages.[25] With respect to Willy who had already died, his criminal liability was deemed extinguished pursuant to Article 89, par. 1 of the Revised Penal Code.[26]
The trial court gave no credence to the defenses of denial and alibi proffered by the accused. The RTC reiterated the time-honored principle that the defense of alibi cannot prevail over the positive declaration of witnesses who have convincingly identified the accused as the perpetrators of the crime charged.[27] In particular, with regard to Oracleo's defense, the RTC observed that the testimony of Daapong was vague, as she admitted that there were errors in her class record and that, at times, she did not check attendance in her classes. Furthermore, none of Oracleo's classmates were presented to prove his allegation, except Bitangcor who was absent from class that evening.[28] The RTC further noted that the accused Willy, Danny, Oracleo, and Edgar were charged with robbery in Criminal Case No. 89-395.[29] In sum, the trial court concluded that the prosecution was able to prove their guilt, and that the offense was attended by the aggravating circumstance of employment of disguise and commission of the crime by a band.[30] Thereafter, Edgar and Oracleo elevated their conviction to the CA.
THE CA RULING
The CA rendered a Decision[31] modifying that of the RTC. The appellate court found accused-appellants guilty of the crime of robbery with homicide only, attended by the aggravating circumstances of employment of disguise and abuse of superior strength. The award of P50,000 compensatory damages was deleted; and instead, both accused-appellants were ordered to pay each of the offended parties P25,000 as temperate damages. The moral damages awarded to Pedrita were reduced from P100,000 to P50,000. Accused-appellants were further ordered to pay civil indemnity to Pedrita in the amount of P50,000, as well as exemplary damages to each of the offended parties in the amount of P25,000, plus costs of the suit.[32]
The CA was convinced that the prosecution witnesses, specifically Opiso, had positively identified accused-appellants Oracleo and Edgardo as among the four perpetrators of the crime.[33 ]As for the defense, the CA ruled that the two accused-appellants had failed to prove that it was physically impossible for them to have been at or near the scene of the crime.[34]
Appellant perfected his appeal to this Court with the timely filing of a Notice of Appeal. He and the Solicitor General separately manifested that they would adopt their respective briefs filed before the CA as their supplemental briefs.
ISSUE
Whether there is proof beyond reasonable doubt that appellant is guilty of the crime of robbery with homicide, attended by the aggravating circumstances of employment of disguise and abuse of superior strength.
OUR RULING
We deny the appeal.
There is no merit in the contentions that the testimonies on the exact participation of accused-appellant were inconclusive and unreliable.[35] A judicious review of the records shows that the testimonies of the prosecution witnesses—especially Opiso—were clear, categorical and straightforward. While it is true that none of the prosecution witnesses directly saw the face of accused-appellant, Opiso positively identified him because of the latter's utmost familiarity with appellant's physical build and bodily actions. Opiso had personally known the four accused for about 20 years, because they were residents of the same barangay, and they used to buy from the store.[36]
Further, there is no merit in the contention of appellant that the testimony of his teacher substantially corroborated his defense that he was attending class at the time of the incident.[37] We quote with approval the CA's conclusions:

Appellant Oracleo apparently failed to establish the requisite physical impossibility of his having been at the locus and tempus of the crime's commission. The locus criminis was merely five (5) kilometres away from Gingoog City proper—the place where appellant claims he was when the crime was committed. It must be noted that several public utility jeepneys and private motorcycles are plying the route. Besides, the Barangay of San Isidro, Malibud, Gingoog City could be reached in only about thirty (3) minutes from the City proper.
Furthermore, Sheila Daapong's testimony to the effect that appellant Oracleo continuously attended her classes on June 21, 1989 from 5:30 p.m. to 7:30 p.m. cannot be heavily relied upon inasmuch as she herself admitted that she was not checking the attendance of her students in class. And even assuming that Oracleo indeed took the quizzes she gave in her two classes, it was not concretely proven that appellant stayed in school for the whole period from 5:30 p.m. to 7:30 p.m. As a matter of fact, Ms. Daapong even declared that her students could very well finish the examinations in thirty (30) minutes. Given these circumstances, it is highly probable that appellant had finished the examinations in the second subject and left the class before 7:00p.m.
Similarly futile is the testimony of Ma. Cecilia Bitangcor that she met Oracleo and his girlfriend-classmate, Merlin Lupoy at J. Motoomull Street, Gingoog City, at around 8:00 o'clock in the evening of June 21, 1989. Ms. Bitangcor's testimony could not concretely support appellant's defense of alibi as the robbery-shooting incident happened at around 7:00 o'clock in the evening. Appellant failed to establish his physical impossibility of being at the crime scene an hour before his alleged meeting with Ms. Bitangor at J. Motoomull Street, Gingoog City.[38]

Time and again, We have held that that the factual findings of the trial court involving the credibility of witnesses are accorded respect especially when affirmed by the CA.[39] This is clearly because the trial judge was the one who personally heard the accused and the witnesses and observed their demeanor, as well as the manner in which they testified during trial. Accordingly, the trial court is in a better position to assess and weigh the evidence presented during trial.[40] Here, the trial court and the CA gave full weight to the testimonies of the prosecution witnesses, and We find no compelling reason to disturb their assessment.
Appellants were properly convicted of robbery with homicide
We agree with the CA however, m its
modification of the crime to robbery with homicide:

Concerning the legal characterization of the crime, the Court finds that its proper designation is not robbery with homicide and frustrated homicide, as inaccurately labelled by the prosecution and unwittingly adopted by the trial court, but is simply one of robbery with homicide. It has been jurisprudentially settled that the term homicide in Article 294, paragraph 1, of the Revised Penal Code is to be used in its generic sense, to embrace not only acts that result in death, but all other acts producing any bodily injury short of death. It is thus characterized as such regardless of the number of homicides committed and the physical injuries inflicted.[41]

We also agree with the CA when it corrected the trial court's appreciation of the aggravating circumstances present at that time. While both lower courts properly appreciated the aggravating circumstance of employment of disguise, the commission of a crime by a band was not established because only Willy, Danny and Oracleo were proven to have carried arms.[42] Nevertheless, the CA properly appreciated the aggravating circumstance of superior strength, considering the number of malefactors and the kind of weapons used in facilitating the commission of the crime.
Because the crime was attended by two aggravating circumstances, the appropriate penalty should be reclusion perpetua[43] in lieu of death, pursuant to R.A. 9346.[44]
Civil Aspect of the Case
In robbery with homicide, civil indemnity and moral damages are awarded automatically without need of allegation and evidence other than the death of the victim owing to the crime.[45] The CA was correct in granting these awards, except that for Pedrita, the amount that should be granted is P100,000 in conformity with prevailing jurisprudence.[46] Opiso, as a victim who suffered mortal or fatal wounds and could have died if not for timely medical intervention, is also entitled to civil indemnity and moral damages in the amount of P75,000.[47]
The CA further awarded exemplary damages in view of the two aggravating circumstances of disguise and abuse of superior strength. We, however, modify the amount that should be awarded from P25,000 to P100,000 for Pedrita, and P25,000 to P75,000 for Opiso. As for temperate damages, the CA awarded Pedrita and Opiso temperate damages in the amount of P25,000 in lieu of actual damages, it having been shown that she suffered some pecuniary losses, though its amount could not be proven with certainty. In line with prevailing jurisprudence, We increase Pedrita's award of temperate damages to P50,000.[48]
WHEREFORE, the Petition is DENIED. The CA Decision dated 9 December 2010 in CA-G.R. CR-H.C. No. 00158-MIN convicting appellant Heracleo Vallar, Jr. (a.k.a. Oracleo Vallar, Jr.) of the crime of robbery with homicide is AFFIRMED with MODIFICATIONS. For Pedrita Bagabaldo: (a) civil indemnity and moral damages are increased from P50,000 to P100,000, respectively; (b) exemplary damages are also increased from P25,000 to P100,000; and (c) temperate damages are likewise increased from P25,000 to P50,000. For Cipriano Opiso: (a) he is granted civil indemnity in the amount of P75,000; (b) moral damages are increased from P30,000 to P75,000; and (c) exemplary damages are increased from P25,000 to P75,000.
SO ORDERED.
Leonardo-De Castro, Bersamin, Perlas-Bernabe, and Caguioa, JJ., concur.


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195
Philippine Provinces / Peace-Building Seminar
« on: December 07, 2019, 08:39:52 PM »
Press Release: Posted from FB
BRGY SINUDA, KITAOTAO, BUKIDNON –Kitaotao LGU headed by Mayor Lorenzo A Gawilan Jr and the 3rd Infantry (Regardless of What) Battalion, 7th Infantry (KAUGNAY) Division, Philippine Army under LTC OSCAR P PARTUZA INF (GSC) PA, Commanding Officer, together with Line Government Agencies of the Province of Bukidnon and partner stakeholders conduct a three-day Peace Building Seminar at the  covered court of Brgy Sinuda, Kitaotao, Bukidnon on December 06, 2019.

Peace Building Seminar is a three-day activity that gives awareness on the functions of the Local Government Units and other government agencies in relation to the current security situation in Kitaotao, Bukidnon. Government services and series of lectures from different government agencies are given to the participants to address the needs of the community and to inform them on the approaches these agencies can assist them further.

The participants come from different sitios of Barangays Sinuda and Kipilas of Kitaotao, Bukidnon who are Former Rebels, Underground Mass Organization members, Mass Supporters and Sympathizers.
Hon Lorenzo A Gawilan Jr. Municipal Mayor of Kitaotao, Bukidnon  graced the Opening Ceremony as Guest of Honor and Speaker. With him are SB members and representatives from the Different Local Government Agencies particularly from the Department of Labor and Employment, Department of Health, Department of Agriculture, Department of Interior and Local Government, Department of Environment and Natural Resources, Department of Social Worker and Development, Department of Public Works and Highways, National Commision on Indigenous People, Technical Education and Skill Development Authority, Department of Education, Department of Agriarian Reform and Philippine National Police -  Kitaotao, who likewise gave their messages and presented their respective lectures.

LTC OSCAR P PARTUZA INF (GSC) PA, Commanding Officer of 3IB, extends his sincere gratitude to Hon. Mayor Lorenzo A Gawilan Jr., the Local Government of Kitaotao and Bukidnon Provincial Government for their untiring support to the activity. He further expressed his appreciation to the commitment displayed by the Brgy Councils of Brgys Sinuda and Kipilas, Line Government Agencies and most especially to the former rebels and mass supporters, sympathizers, underground mass organization members, who sacrificed their time and schedule of activities to attend the seminar. "We will let you feel that the Kitaotao LGU and the 3IB, together with different agencies of the government, are here ready and are very much willing to extend assistance to help you especially those who separated their ways from the government. But this will only be possible if all of you will support our peace and development efforts as harmony starts within our families and within ourselves. And if that happens, peace and development will come to our community."

Part of the activity is the Serbisyo Caravan, Declaration of Persona Non-Grata, and peace rally denouncing the support to the CPP-NPA-NDF on December 08, 2019.

Hon. Gawilan Jr., on his part expressed his earnest appreciation to the different stakeholders, who exerted their valuable time and efforts in supporting the event. “Today, as I see my fellow Lumads here in our Municipality especially here in Brgy Sinuda, I am pleased to know that you returned back to the folds of the law. Support the government because as I always say the Municipal Government is willing to help you deliver all the services of the government to your communities. But before that, you should help yourselves and your community to be united as unity is the key for a peaceful and well-developed society. We will continue to serve the people of Brgys Sinuda and Kipilas and the whole of Kitaotao, Bukidnon to protect all of you from the destructive propaganda of the Communist-Terrorist CPP-NPA-NDF. Lastly, I would like to thank and appreciate the efforts of the 3IB under LTC OSCAR P PARTUZA for their untiring and inspiring support, the Local Government Units, Line Government Agencies and other stakeholders which were vital to the success of this momentous event”,  Hon. Gawilan Jr added.

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196
From Romy Martin: FB
URGENT. Anyone who knows the school heads or any teacher of Alna IP School, Del Hilado ES and Akbual IP School. Please inform them to claim their learners' Project Aral Kits from the Social Mobilization and Networking Unit - DepEd Sarangani anytime on weekdays. The kits are courtesy of National Bookstore Foundation, Inc. They may contact me via Messenger or mobile number 09983302519. Thank you!

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197
Philippine Provinces / Ceremonial Lighting of the Christmas Village
« on: December 07, 2019, 08:34:54 PM »
ADVISORY: The Municipal Government of Santo Tomas, Davao del Norte announces the schedule of the Opening of #PaskongTomasino2019 Festival and the Ceremonial Lighting of the Christmas Village has been moved to Monday, December 9, 2019 at the Municipal Covered Court.

Join us as we celebrate the spirit of yuletide season this December 9, 2019!

#BagongSantoTomas
#TurismongTomasino
#PaskongTomasino2019

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198
Sikatuna - Bohol / NFA joins anti-poverty program in Sikatuna
« on: December 07, 2019, 08:27:09 PM »
NFA joins anti-poverty program in Sikatuna
Published by Bohol Sunday Post on July 16, 2000

      THE National Food Authority in Bohol participated in the launching of the National Anti-Poverty Action Agenda (NAAA) held recently at Libjo, Sikatuna.
 
       The NFA together with five other agencies implementing the Lingap Para sa Mahihirap Program, Provincial Government of Bohol and the Municipality of Sikatuna joined the NAAA’s nationwide launching and the simultaneous inauguration of Lingap completed projects and awarding of remaining projects and services.
 
      The National Food Authority Action Agenda is a program of action which works on a strong partnership with the government and private sector to address poverty at its roots.
 
       The NAAA has four enabling instruments which constitutes the core strategies of equitable and sustainable economic development; people empowerment; effective and efficient delivery of public goods and basic social services and focused targeting. 
  
       The NAAA is the rallying point of all anti-poverty stakeholders in the country. It is likewise an urgent call for all Filipinos to unite and act to break free from poverty.
 
      These enabling instruments according to NFA Regional Director Vic Jarina, Regional Lead Conveyor of the Lingap Para sa Mahihirap Program in Region VII, find meaning and impact through the various agencies’ anti-poverty programs. The NFA being one of the six Lingap agencies which includes the Department of Social Welfare and Development, Department of Health, Cooperative Development Authority, National Housing Authority and Local Waterworks Utilities Authority has implemented the Lingap-Erap Sari-Sari Stores (Lingap-ESSS) and Lingap-Rice Subsidy Project (Lingap-RSP) in Bohol for the province’s and the city’s 100 poorest of the poor (priority Beneficiaries), respectively.
 
      The NFA has also implemented the Lingap-ESSS and Lingap-Emergency Relief Assistance Project (Lingap-ERAP) for the various Legislator Identified Beneficiaries (LIBs) of the province’s three congressmen, two senators and party-list representatives.
 
      The NAAA launching also coincide with the inauguration of the NFA’s Lingap-ESSS outlet in Libjo, Sikatuna and the awarding of its RSP for the poorest of the poor in the said municipality.
 
      Present during the launching and inauguration were kagawad Billy Tongco who presented Governor Relampagos, Sikatuna Mayor Tranquilina Maniwang, Vice Mayor Constancio Rule, NFA Regional Director Vic Jarina, regional officials of the five other Lingap agencies, NFA provincial  managers from Bohol, Cebu, Negros Oriental and Siquijor together with the NFA regional staff, municipal officials of Sikatuna, the barangay officials and the priority beneficiaries of Libjo.
 
      The five other Lingap agencies also inaugurated their respective completed projects and also awarded their remaining projects and services to Libjo’s priority beneficiaries. (PENG H. EVASCO)

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199
Aumentado denies Gonzaga poll bid
Published by Bohol Sunday Post on July 16, 2000

Deputy Speaker Erico B. Aumentado said that NPC Senior Vice President and Chief Operating Officer Asisclo Gonzaga is not interested to run for congressman in the 2nd District of Bohol in next year's election.

        Aumentado made the statement in a press release yesterday to clarify news reports that he offered Gonzaga to run as his successor.

      He said that he encouraged Gonzaga to seek the congressional seat during the 10th Congress, which covered the period from July 1, 1995 to June 30, 1998. But the NPC official flatly rejected, Aumentado said, saying in vernacular that "wa pa ko takdi sa kagaw sa politika" (I am not yet bitten by the political bug).

     "At the time we discussed the matter," Aumentado said, "no one aspired yet to run in the second district of Bohol to succeed him."

      Aumentado recalled that he was emphatic during the Danao Day celebration last Sunday on Mr. Gonzaga's rejection of his suggestion some years back for him to throw his hat into the second district arena. In fact, Aumentado quoted Mr. Gonzaga's response as "wa pa ko takdi sa kagaw sa politiko" in stressing that the NPC official has no political agenda. 

      He said that on their way to Ubay to inspect the on-going construction of the Leyte-Bohol Interconnection Project, Gonzaga reiterated his desire not to get involved personally in politics.

      Gonzaga is a career man who rose to the second highest NPC position after topping the mechanical engineering board examinations. 

     As it is now, Aumentado said, there are three probable names being mentioned to have openly sought for his congressional seat. He said that they are Board Member Roberto Cajes, Inabanga Mayor Josephine Jumamoy, and former Congressman and Governor David Tirol who are worthy for the position. 


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200
Ubay - Bohol / Oil palm nursery rises in Ubay
« on: December 07, 2019, 08:22:11 PM »
Oil palm nursery rises in Ubay
Published by Bohol Sunday Post: July 16, 2000
      UBAY – The 20-hectare nursery for the multi-million integrated oil palm project is now in place in barangay Calanggaman, this municipality.
 
       According to Richard Uy, president of Palm, Inc., the proponent of the huge project, the nursery will showcase one of the main components of the project.
 
       Located in a rolling terrain forming part of the Ubay Stock Farm, the 20-hectare nursery is using seeds imported from Papua New Guinea.
 
       From the national highway, the nursery site is a panorama of black plastic bags numbering 325,000. Of this number, 50,000 pots were already with the imported seedlings.
 
       According to Uy, phase one of the project calls for the development of at least 2,000 hectares of idle lands scattered in at least 11 second district towns.
 
       The succeeding phase will develop another 2,000 hectares also located in the targeted municipalities.
 
      Uy said the same number of farmer-cooperators (4,000) have already signed up with the proponent to participate in the giant undertaking which promises to develop the economic potentials of the palm oil industry in Bohol.
 
       Designed as a pro-poor project in line with the government’s food security program, the palm oil plantation in the second district prioritizes the involvement of marginal farmers. The main focus of development is the unproductive lands located in the programmed areas.
 
       This means that irrigated rice lands and other productive areas are not included in the project.
 
       From the establishment of the nursery, the project will then indulge in oil palm plantation and finally the construction of the palm oil milling facility.
 
       The minimum target area for the plantation is 5,000 hectares.

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