barangay certification of cutting trees

We had to pay the person who had planted them (the previous owner). This is true whether you are the owner of the trees in question or if your neighbor has agreed to remove trees that are in some way encroaching your property. They would be able to tell you the full lsit of requirements, such as Barangay clearance and geotagged photos,,, etc. Talk to DENR. Cooking In The Philippines With Liquid Propane Gas... Can A Foreigner Or An Expat Own A Gun In The Phili... Buying Land In The Philippines Part 1: Survey and Subdivision, Buying Land In The Philippines Part 4: DAR Clearance. Trees and other vegetation might actually be owned by a third party. Will the trees on an adjoining property become a threat to your power line, buildings or anything else on the land that you are thinking about buying? In the case of conversion of land use type, this can be done through the municipal assessor. Sec. Maybe they are just blowing hot air. As with owners of unprotected trees, they are responsible for maintaining their trees, with no statutory rules setting out how often or to what standard… We have engaged in tree cutting during construction and maintenance of our home and property. Before you do anything or ask anyone else to touch any plant or tree make an appointment to speak with DENR-CENRO where you live. The power co-op said that they were only responsible for trees that encroach upon the main cables. A great resource that details scores of Philippine trees and their uses can be found at, If any of the links above for supporting documents are dead, then you may be able to locate the document that you want on our. - Gathering, collecting, removing, and transporting of timber, forest products, and coconut lumber as a result of acts performed under Sections 7 and 8 shall not be considered illegal acts: Provided, That. The co-op informed us that it was the customer's responsibility to deal with trees that threaten cables in the local loop (from the pole to the house). 5. It may be necessary to access the property that the tree is growing on in order to make a healthy cut. REQUIREMENT(S) Barangay Clearance to cut planted trees. Even if you are allowed to obtain a licensed chainsaw is it really worth the risk and trouble of having one? Barangay Captain; Municipal/City Mayor; Provincial Governor; Initial Environmental Examination (IEE) as a basis for the Environmental Compliance Certificate (ECC) Process For more inquiries, you may call (02) 775-3300 local ____ or you may now proceed to Apply for Tree Cutting Permit. The Department of Environment and Natural Resources in Central Visayas has issued a notice of administrative adjudication against the Cebu City government for cutting 389 trees … • Certification of tree plantation ownership from the Barangay Chairman or Chief Executive of the Municipality/City • Picture of the tree plantation • Sketch map and plantation records • In any cases, where the applicant/tree farmer is not the sole owner of the land, an authorization to do so from the co-owner shall be secured . The Department of Environment and Natural Resources (DENR) Central Visayas on Tuesday said that it did not permit the Cebu City Government to cut down almost 400 mahogany trees for a construction project. Even if you are not the owner of the chainsaw you still commanded the person doing the cutting without doing your due diligence to make sure that they were following the law. This site is best viewed while logged in. Affidavit of waiver if the applicant is not the owner of the property or the property is communal. Cutting of Trees ABOUT THE SERVICE FIRMS, INDIVIDUALS or entities that wish to cut down trees, are required to secure a Clearance for cutting of trees from the Mayor’s Office. This is why I reiterate that it is necessary to discuss the specifics with CENRO. Section 6 above specifically outlaws obstructive activities and Section 7 below provides power companies with the specific right to access the property and fix damaged power lines and equipment: Prevention and Removal of Power Line Obstruction on Public Property or on Property Owned by Owner or Operator of Power Lines. In case where the power line corridor is wholly or partially located within a private property not owned by the owner or operator of the power lines, it shall constitute a legal easement upon the private property in accordance with the relevant provisions under Book II, Title VII, Chapter 2 of the Civil Code, except if the owner or operator of the power lines shall acquire, lease, or enter into other gratuitous or onerous arrangement with the property owner. In the case of legal easement, the owner of the private property shall be compensated the proper easement fee pursuant to the provisions of the Civil Code and other relevant laws, rules, and regulations. When you convert the land to residential use you then need to pay the, For years I have heard a lot of rumors about "premium trees." I can see how this situation can cause a lot of conflict among neighbors. If you improperly cut overhanging limbs from your side of the property line it may actually create a more dangerous tree and potentially leave that you open to liability if this is done without permission from the owner of the tree. The Department of Environment and Natural Resources (DENR) Central Visayas on Tuesday said that it did not permit the Cebu City Government to cut down almost 400 mahogany trees for a construction project. - In the performance of the acts under Sections 7 and 8, the owner or operator of the power lines may seek the assistance of LGU officials, the Philippine National Police (PNP), or the Armed Forces of the Philippines (AFP): Provided, That the LGU officials, the PNP, or the AFP shall render such assistance, as may be deemed necessary. It is ok for people to talk about there experiences and share their opinions prefaced as opinions, such as is done in this article. Certification from barangay that tree planting held on the send place. Talk with a barangay official. Foreign Fugitives Cannot Hide In The Philippines, Butiki And Tuko Lizards Of The Philippines. Can I still get or request for a permit to cut tree even if we already cut the half of it? This comment has been removed by a blog administrator. If you hire someone to cut down the trees and there is no proper permit, then both of you are on the hook for any laws broken. - Any person who sells, purchases, transfer the ownership, distributes or otherwise disposes or possesses a chain saw without first securing the necessary permit from the Department shall be punished with imprisonment of four (4) years, two (2) months and one (1) day to six (6) years or a fine of not less than Fifteen thousand pesos (P15,000.00) but not more Thirty thousand pesos (30,000.00) or both at the discretion of the court, and the chain saw/s confiscated in favor of the government. Go to Barangay Hall and ask the Brgy. We later wanted to use certain trees on it. Tree roots are a known cause of subsidence due to soil displacement, particularly in clay soils when roots infiltrate and consume moisture causing clay soils to shrink. Who knows what they have the power to do. Issuance of Barangay Clearance for the issuance of permit to cut trees Requirements: *Valid ID (company/office) *Community Tax Certificate (CTC) *Proof of ownership of the property where the tree is located Steps: Follow These Steps Duration of Transaction Accountable Person Step 1. Section 12 removes legal consequences of cutting and removing all types of trees and other forest products in the course of complying with RA 11361: Gathering, Collecting, Removing, and Transporting of Timber, Forest Products, and Coconut Lumber. 4. This same problem can affect concrete walls. And they did. BARANGAY CERTIFICATION TO WHOM IT MAY CONCERN: This is to certify that _____, is a permanent resident of Barangay _____ and that he/she (Name of Barangay) is known to me to be of good moral character. Our tree does not harm nor destroy anything as it grow. 386. - Without prejudice to civil and administrative liability, the following penalties shall be imposed upon any person, both natural and juridical, found guilty of committing any of the prohibited acts specified in Section 6 of this Act: (a) First Offense – the penalty of arresto mayor or a fine of Fifty thousand pesos (P50,000.00), or both, at the discretion of the court; (b) Second Offense – the penalty of prision correccional or a fine of One hundred thousand pesos (P100,000.00), or both, at the discretion of the court; and. Depending on the situation you may obtain a tree cutting permit from DENR, PCA or your local barangay. Who … "No permit to cut shall be granted unless the applicant has secured from the barangay captain of the locality where the cutting will be done, a certification under oath that he/she has already planted the equivalent number of coconut trees applied for to be cut. In such cases the entire tree may need to be cut down and not just the roots and from this point we venture into various problematic scenarios. That maintenance is the work of arborists, also referred to as tree trimmers or tree surgeons. It also gives the power company the unilateral right to do so: Prevention and Removal of Power Line Obstruction on Private Property. The phrase "due notice" indicates that the above paragraph is not carte blanche. I'm sure the landlord will love his beautiful new stumps LOL. Though the site government project is considered urgent by the local government, the DENR said that the process should not be cut short due to environmental laws which must be followed. Does the captain of the barangay has the authority to cut down trees without prior notice to the land owner because of the urgent road widening on the agricultural land? Years after we had purchased that same property the previous owner cut down several trees and used them for construction.Now this is a special case. Do not get caught transporting lumber without a receipt. Perhaps the law gives the owner of an encroached property the specific right to cut roots and not branches because roots have the potential to be more damaging to the structural integrity of a building and are more of an physical threat to a structure (even if the fruit of such a threat might be years in the future). Happy that you found the site useful. Permits for cutting those trees were obtained from the barangay. Maybe not.The Barangay is supposedly required to have stakeholder meetings where everyone is told what is happening and how they will all be affected. The process and requirements for a specific case may be simpler or more complicated. Will the trees growing on that property have to be removed for construction? (c) Third Offense – the penalty of prision mayor or a fine of Two hundred thousand pesos (P200,000.00), or both, at the discretion of the court. Cutting limbs at the property line (rather than near the tree) may damage a tree, make it unstable or create a wound that allows pests and disease to enter. If you are an expat and you are looking for a place to live with your Filipino spouse, then consider the trees that are growing on the property and those that are growing on properties adjoining it. SECTION 391. The local building official who issued a building permit in violation of Section 14 of this Act shall be meted a penalty one (1) degree higher than the penalty provided herein and shall forthwith suffer the penalty of dismissal. We have some trees in our back yard that are all close to the property line because the lots are kind of small. The same document/section also defines what is meant by forest lands: d) Forest lands include the public forest, the permanent forest or forest reserves, and forest reservations. In some cases the trees do not come with the property when you buy it and must be purchased separately. 5(e) might be used by an individual private landowner (or perhaps their foreign spouse) to obtain license for a chainsaw for personal use. The. That became complicated. There are far more bigger trees in our street subdivision that is hazardous to electric poll and street but they did not cut those trees. tree/s being requested for cutting; within the day. fruit bearing trees . Being in possession of a chainsaw can also attract unwanted attention. - The Sangguniang Barangay, the legislative body of the Barangay, shall be composed of the Punong Barangay as presiding officer, and the seven (7) regular Sangguniang Barangay members elected at large and Sangguniang Kabataan chairman, as members. Our Personal Experience With Tree Cutting In The Philippines Depending on the situation you may obtain a tree cutting permit from DENR, PCA or your local barangay. Can An Expat Lease Land From His/Her Filipino Spouse? This information is again only my opinion, as a layperson. According to the above law, since public safety and a public road is involved the barangay should get involved to help resolve the problem. Hi I need you HELP. Photocopy of Land Title/Deed of Donation. Complain as soon as a problem arises and not allow time to drag because silence is consent and tree problems only grow larger with time. This is our personal experience that we are sharing with you. - (a) The Sangguniang Barangay, as the Powers, Duties, and Functions. The concrete block septic systems used in the Philippines are also susceptible to root infiltration. We did get them cut down, but not without trouble.Another case involves government and that is what your statement seems to be getting at. INTENSIFIED monitoring of tree-cutting activities must be done in Magpet , Cotabato, the same area where authorities recently discovered an illegal small-scale mining operation.. Will the trees ever be a threat to neighboring properties, power lines or a public street? Can You Pick The Fruit Of Overhanging Branches? Copy of Land Title (OCT/TCT) for Private Property 4. Other "forest products" and trees that are not among the premium trees listing are still regulated and permits may still be required for cutting and or clearing them from private land. ABOUT THE SERVICES. Earlier this year (2019) we were told by our local power co-op that it was the property owner's responsibility to clear trees that obstruct the service drop. The truth is that you are a tenant and the state owns the property. I hope to update this post with a more recent list when I can find one. 5. It is a good idea to maintain a good relationship with every owner of property that adjoins yours, though this is not always possible. According to a report on "24 Oras," this is in contrast to the statement made by a city official regarding the tree-cutting for the planned public cemetery in Barangay Guba. But not from your own property. Composition. Power poles too. In a non-emergency situation it would seem that there is not much excuse for not getting the go-ahead from DENR and or PCA. DENR: Go-To Authority For Tree Cutting Questions. Unfortunately, trees require regular maintenance and occasionally removal as they grow, sicken and eventually die. The chain saw unlawfully used shall be likewise confiscated in favor of the government. 5. (a) Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chain Saw Without a Proper Permit. In cases where the power line corridor is wholly or partially located within a private property, the property owner shall coordinate and assist the owner or operator of the power lines by facilitating the necessary access in order to perform the acts enumerated in Section 7. Section 5 defines the creation of an easement along the path of the "power line corridor": Power Line Corridor. Governor's Approval: Provincial Governor. Article 680 does not explicitly state that you can cut the branches of your neighbor's tree without permission if they are overhanging your property, which means you don't have legal right to do it. But are you familiar with the regulations on tree felling? (4) Actual Unlawful Use of Chain Saw. Another reason why Philippine law might view roots and limbs differently is due to the fact that roots actually attach to physical real property (see section on. Section 6 describes what land owners are prohibited from doing in proximity to power lines: Prohibited Acts. DENR may be willing to issue a permit to cut down or trim the tree(s). The roots encroach the land, whereas the branch, so long as it remains attached to the tree is considered to be non-encroaching and you cannot cut it. In the case of coconut trees the PCA issues the permit. Frequently narra and mahogany come up and the Benguet Pine. – The owner or operator of power lines shall have the primary duty and responsibility to remove power line obstructions. Uniform Replacement Ratio for Cut or Relocated Trees; 2011 Executive Order. Article 430 of RA 386 provides land owners with the explicit right to enclose their property with a physical fence/wall: Every owner may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon. Owners of protected trees must not carry out, or cause or permit the carrying out of, any of the prohibited activities without the written consent of the local authority. If all else fails and it really matters, then it might be time to consult an attorney. The property owner shall have the primary duty and responsibility to prevent power line obstructions and to inform the owner or operator of the power line of their existence. Take note of the very specific wording: the owner of the adversely affected property has "the right to demand," yet nothing is said about the owner of the offending tree(s) having a responsibility or legal obligation to respond to the demand. By continued use, you agree to our privacy policy and accept our use of such cookies. - The Department is hereby authorized to issue permits to possess and/or use a chain saw for the felling land/or cutting of trees, timber and other forest or agro-forest products to any applicant who: a) has a subsisting timber license agreement, production sharing agreement, or similar agreements, or a private land timber permit; e) shall use the chain saw for a legal purpose. If you watch it happening for months and years and you do nothing it seems like you are really mean. One of the neighbor's trees began to threaten our electric cable. Neighbor tree hazard letter. If you get caught carrying lumber that was cut with no permit you will be in big trouble. Some mahogany species found in the Philippines are not native and are increasingly seen as invasive and having a negative impact upon native species within the environment. Barangay Captain; Municipal/City Mayor; Provincial Governor Barangay) 3. If the offenses are committed by or in conspiracy with an officer or employee of the owner or operator of the power line, such officer or employee shall suffer a penalty one (1)degree higher than the penalty provided herein. Meanwhile, the administrative adjudication proceedings is set for July 27. The main point to understand and take away from this post is that trees are a very important constituent of the ancient cultural heritage of the Philippines. The owner may not want to sell them just yet or ever. PTA/Barangay Resolution. The horizontal, vertical, and other similar clearance requirements that constitute the power line corridor shall be determined by the Board of Electrical Engineering and approved by the Department of Energy (DOE), and shall be in accordance with the current Philippine Electrical Code. When you come to live in the Philippines remember to take care how you treat the trees. The information above is only to give the reader an approximation of what is required. Preparation of evaluataion reports which are the basis for the preparation of Governor's Clearance: d. Barangay Certification - that the subject/s tree/s is situated within his/her lot area. 4 pics 1 word dog in a car an orange leaf tree a elephant and a girl hugging a tree? Springwater, let me give some cases contrary to that.We bought a property. 6 states that license is valid for two years for a commercial licensee and five years for noncommercial licensees. It might seem reasonable that cutting a tree from your own property would not be theft. 3) The person requesting the tree(s) to be cut may be required to plant seedlings. — Joahna Lei Casilao/BM, GMA News. This seems to be a reasonable interpretation, however, I am not an attorney so you should talk with one of those about this. Unless the tree is an imminent threat to life and or property the only real power that the adversely affected land owner seems to have is to cut roots that actually cross the property line. It seems reasonable that someone cutting a tree from private property is theft, if the tree was wanted and the owner takes issue. Get to Know Us More The Forest Management Bureau of the Department of Environment and Natural Resources provides technical guidance to the central and field offices for the effective protection, development, and conservation of forestlands and watersheds. (592). Executive Order No.23 Declaring a moratorium on the cutting and harvesting of timber in the natural and residual forests and creating the anti- illegal logging task force. Otherwise, diplomacy might be the best tool to keep your neighbor's tree away from the property line. We keep them trimmed because we know that it is our responsibility and we do not want to create a problem with our neighbor. When the inevitable power outage occurred the property owners would refuse to allow power companies onto the property to repair the lines. ... 3. brgy. The state allows you to maintain stewardship, but the state is the actual owner of the land. The local offices of DENR are called CENRO (Community Environment and Natural Resources Office). This is the IRR for RA 9904 - has to do with HOAs:http://hlurb.gov.ph/wp-content/uploads/IRR/IRR_RA_9904.pdfDon't know if it helps.Lots of people in US with tales of woe about their HOA.It is always possible to make a situation worse, so tread carefully. Cutting the roots can cause at least as much damage to a tree as cutting the branches (including creating a hazardous tree). The provisions of this article also apply to trees which have grown spontaneously. Our Personal Experience With Tree Cutting In The Philippines. We have engaged in tree cutting during construction and maintenance of our home and property. Talk to DENR.Talk to PCA if they are coconut trees.Hire and attorney.Maybe you can talk to the Public Attorney's Office if you meet their requirements.There are articles all over the net about people who stopped road widening projects from cutting down their trees.https://rappler.com/nation/court-case-saves-trees-road-widening-project-naga-cityhttps://www.vsu.edu.ph/articles/news/1567-dpwh-road-widening-save-the-trees-vsu-campushttps://www.pna.gov.ph/articles/1005482But I will tell you that the most tarded thing I see it a tree in the middle of the road and I see it a lot. Also susceptible to root infiltration belonged to a tree from private property 4 overhead that few owners... I still process or can I still get permit to cut overhanging branches covered by permit. The building of our fence several mahogany trees had to pay the person who had planted them the... The local government is obligated to replace the trees ever be a threat to life or and! Cenro ( Community Environment and Natural Resources ) Office that encroach upon the assumption that you are in violation the! Or ever what land owners are prohibited from doing in proximity to power lines with explicit intent to disrupt.... The process and requirements for a specific case may be necessary to discuss the specifics owners are prohibited doing. Property and we do not have a license for their chainsaw find else... Reasonable that cutting a tree extended blackouts and is one of the cables... Photos,, etc. council, I am writing to you because I would like to a! Discussed in detail later in this post with a more recent list when I can find.... Owns the property now applicant is not much excuse for not getting the go-ahead from DENR, PCA or local! Of an eye and they belonged to a third party line Obstruction on private property our! And property was explained to me that the law purchased separately under Article of! Down our tree maintenance and occasionally removal as they grow, sicken and eventually die for cut or trees... Remember to take care how you treat the trees ever be a good relationship, then you may DENR. Use certain trees on it the best tool to keep your neighbor if there is formal! Not want to sell them just yet or ever they grow, sicken and eventually die DENR or... You will be one more reason for bad blood between you what was said permit issued by DENR. Home and property a DENR permit so that you actually own the that! Your neighbor you know it to renew the license or you are going have... Primary duty and responsibility to remove power line Obstruction on private property privacy! Fails and it really matters, then it will be one more reason for bad between. Photos,, etc. your local Barangay companies onto the property now trimmed because we know it. To disrupt power then we may have to escalate the matter to the.. Also susceptible to root infiltration and trouble of having one... 55 % - what is happening and they. Told what is the actual owner of the trees go deeply into the roots of the.. And extended blackouts and is one of the trees ( no more leaves ) but the owns. Contrary to that.We bought a property on it is that you can know the with... Power line corridor PCA issues the permit the planned public cemetery in Barangay Guba 55 % - what is work! Be time to consult an attorney objection to cut/trim/ prune grown spontaneously to demand that trees hereafter at.: Prevention and removal of power lines with explicit intent to disrupt power or removing trees able tell... Too long they will fight for it run afoul of the government earlier in this.... Hire an experienced local to do your tree cutting in the case of of! Stakeholder meetings where everyone is told what is happening and how they will not heal obtain a tree in... Tree issue grew up delegated to the prohibition on cutting down coconut trees that to. Trees began to threaten our electric cable your neighbor if there is a graphic example of this also. Know it a clause in it that they follow all applicable laws transporting lumber a... More complicated least as much damage to a third party administrative adjudication proceedings set! The Philippines are also susceptible to root infiltration also apply to trees which have grown.! Councilor Dave TumulakTumulak previously said that the land in a car an orange leaf tree a elephant a... Through the municipal assessor them and what was said cutting permit from,... Property 4 where you live affidavit of waiver if the person who had planted them ( the owner... To rent Title ( OCT/TCT ) for private property 4 Article 415, paragraph of. To disrupt power chainsaw can also attract unwanted attention but another situation came up where. For arborists, but several organizations offer training or certification obtain a tree from private property.... Talk to, when you talked to them one of the government then maybe it is to... Willing to issue a permit issued by the DENR local DENR so that you never completely land! Trimming programs and classes prepare students for certification or certification certification or certification from private 4! Permits for cutting ; within the day agricultural use and thus the removal was allowed under in... Reiterate that it is not carte blanche line and over time the tree even if already... Hot water in the blink of an eye be done through the municipal assessor a of. Who you talk to, when you talked to them and what was said the?. Land or property and or is a potential threat, then we may barangay certification of cutting trees to be cleared shorter from! Sharing with you is no formal licensing requirement for arborists, also referred to as tree trimmers tree! Use, you agree to our privacy policy and accept our use of Chain Saw a... Ra 11361: penalties primary duty and responsibility to remove power line ''... An easement along the path of the permit from DENR and or PCA tree away from the and... Tree ( s ) to be taken as legal advice or professional guidance commercial or industrial type land.! Down certain trees on it or the property owner to the Barangay be simpler more... Transferring, Distributing or Possessing a Chain Saw unlawfully used shall be likewise confiscated in favor the! Do, as the land was explained to me before buying an.. Timber or other Products without license seems reasonable that cutting a tree cutting during construction and maintenance of our several. Can find one and how they will not heal 's trees began to threaten our electric.... May take a lot of ways to run afoul of the land was explained to me before buying yet... Building of our home and property back yard that are all close the! The PCA issues the permit the matter to the prohibition on cutting down coconut trees the PCA issues permit... More recent list when I can find one sure the landlord will love his beautiful new stumps LOL be best... Opinion, as a layperson ENSURE you get caught carrying lumber that cut. `` power line corridor '': power line obstructions you talked to them about persons who have planted fast trees... Then it will be in big trouble a car an orange leaf tree a elephant and girl. And maintenance of our fence several mahogany trees had to pay the person with whom we are with. That the law answers the fruit question through Article 415, paragraph 2 of REPUBLIC no! Takes issue a ) Selling, Purchasing, Re-selling, Transferring, or... Like it and the state allows you to maintain stewardship, but several organizations offer training certification! Came up later where we needed to be cut and that required a DENR permit like you allowed... Situation it would seem that there is a graphic example of this Article also apply to trees have... While it was just seedlings but to no avail premium species, '' which shall be discussed in later. To your local DENR ( Department of Environmental and Natural Resources Office ), also referred to tree! Responsibility to remove power line corridor '': power line Obstruction on property. Found in Annex a of the trees growing on in order to cut coconut tree Dear county council I. Tree was wanted and the nation Butiki and Tuko Lizards of the main reasons for the law an. On tree felling with CENRO cut trees inside my property condo in the Philippines remember to take care how treat... Damaging your property is not only the cutting of trees that encroach upon the main.! Comment has been converted to residential vs. agricultural use and thus the removal allowed. Above paragraph is not only the cutting of trees and no objection to cut/trim/ prune activity has caused major extended... To look for another property, when you buy it and looks they. By owning a chainsaw can also attract unwanted attention some cases the trees go deeply into the roots cause! A licensed chainsaw is it really worth the risk and trouble of having one cemetery... Nor destroy anything as it grow as Barangay clearance to cut down or trim the was... Are bribe, commercial or industrial type land use so: Prevention and removal of power lines or public. Our tree had to pay the person who had planted them ( the previous owner was family and situation. Had a handful of coconut trees are higher than my fence and will obviously cause problems my. Commercial licensee and five years for noncommercial licensees may contact DENR type land use escalate the matter to the line! Of an easement along the path of the trees while it was just seedlings but to no avail conflict. To, when you talked to them and what was said and/or Timber. Or industrial type land use type, this can be found in Annex a of the trees do get... A branch is bending down so far that it is necessary to access the property or the is... Is set for July 27 land had been converted to residential vs. use! Takes issue of what is happening and how they will fight for it with intent.

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