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HOSTAGE-TAKING, KIDNAPPING NEGOTIATIONS

Reported Hostage-Taking incidents in the country, the motives and their eventual outcomes

1989 hostage-taking incident in Davao detention center


At least 16 inmates at the detention center of the Davao Metropolitan District Command
Center took hostage members of Joyful Assemblies of God on August 13, 1989. The victims
were in the area to preach but were overpowered by the inmates, according to reports.  
The hostage takers were led by Felipe Pugoy, an inmate who was previously involved in a
similar incident at the Davao Penal Colony in April 1989. In a report by the Associated Press,
then justice undersecretary Silvestre Bello said authorities “were not dealing with reasonable
people.”  
The crisis lasted from August 13 to August 15 and led to the death of 21 people, including 5
victims and 16 hostage takers, after a shootout. The victims included a 9-year-old boy and an
Australian missionary named Jacqueline Hamill who was reportedly raped during the hostage
taking. 
Hamill was the subject of a widely criticized joke by President Rodrigo Duterte during the
campaign period in 2016. The incident happened during his time as Davao City mayor.
(VIRAL: Video of Duterte joking about raped Australian woman)  

1990 hostage-taking incident in Cagayan hotel


Then-suspended Cagayan governor Rodolfo Aguinaldo and his supporters seized a Tuguegarao
hotel and took hostage several government officials after negotiations collapsed following
tensions related to an arrest warrant.
Aguinaldo was facing arrest in relation to an alleged coup attempt in December 1989.  
The hostage-taking ended in a clash between supporters and government troops, which led to
the death of at least 14, including brigadier general Oscar Florendo who was among the
arresting officers. Florendo was then the head of the military’s civil relations office.  
Aguinaldo fled but was eventually arrested and called the death of Florendo a “mistake.” He
went on to win a seat at the House of Representatives before getting killed in an ambush in
2001. 

2002 Pasay Bus Terminal hostage-taking incident


A man took hostage a 4-year-old boy inside the Pasay Bus Terminal on March 31, 2002.  
The boy died on the spot after getting stabbed 13 times by his hostage-taker identified as
Diomedes Talbo. According to reports, Talbo was then fired at by responding police and mauled
by a crowd.
The incident was caught on video and broadcast in a lot of news shows. 
The capital’s Internal Affairs Office recommended the “forced resignation” of the Pasay City
police chief and dismissal of 6 of his men over what was criticized as a “botched” operation
against the hostage taker. 

2007 Taguig City Hall of Justice hostage-taking incident


A man identified as Al Bautista took hostage 4 people at the Hall of Justice of Taguig City on
March 14, 2007. He reportedly had with him a handgun and grenades before triggering the
incident that took over 24 hours. 
According to a GMA News Online report, Bautista got angry over his girlfriend Delia dela Cruz’s
land dispute with a certain Gina Ramos, one of the 4 victims. 
Bautista was supposed to surrender himself after negotiations but then fired at police
approaching him. He allegedly tried to jump from a window too. 
All the hostages survived, while Bautista died reportedly due to gunshot wounds.  

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2007 Manila City Hall hostage-taking incident involving children
A man identified as Jun Ducat and another man held hostage 32 children and at least 3 teachers
inside a bus parked in front of the Manila City Hall on March 28, 2007.  According to a report by
Reuters, Ducat was armed with a submachine gun, revolver, and grenades.
The children, all aged between 4 to 6 years old, were from the Musmos Day Care Center
– owned by Ducat himself. Using a loudspeaker, Ducat aired his grievances against government
corruption and the dire situation of poor families in the Philippines.
The negotiations took over 10 hours, involving Senator Bong Revilla and various other
government officials.  
Ducat eventually released all the children and teachers.
He was detained for one year and 9 months and was freed on bail in December 2008. 

2010 Quirino Grandstand hostage-taking incident


Rolando Mendoza, a dismissed policeman, took over a tour bus in Manila, taking hostage 23
tourists on August 23, 2010. Among his demands was reinstatement in the police force.  
He was previously dismissed due to alleged extortion. 
Mendoza killed at least 8 of his hostages, after allegedly being agitated by police during
negotiations and after seeing that authorities arrested his brother Gregorio.  
In 2011, survivors told a Hong Kong court that he turned “extremely angry” in a matter of hours
when they were idle in the Quirino Grandstand. 
Mendoza was eventually killed by police.
It was the first crisis that hit the Aquino administration, as then-president Benigno Aquino
III refused to issue an official apology which Hong Kong demanded. 
The incident also strained relations between the Philippines and Hong Kong, with the latter
issuing a black travel warning to the country, asking residents to avoid non-essential travel.
In April 2018, President Rodrigo Duterte himself apologized to Hong Kong during an official
event. 

2011 Agusan del Sur hostage-taking incident


At least 10 armed men held hostage 14 people on April 2, 2011 in Agusan del Sur. The men
demanded the release of Datu Ondo Perez who was in jail.  
The victims, including school officials, teachers, and students, were taken while walking back
from a school event. They were then led to a mountainous area away from the road.  
Negotiations took more than 4 days. The victims were eventually released one by one.
In 2013, one of the suspects identified as Allan Perez was arrested over a robbery charge
related to the incident.

2013 Camarines Sur hostage-taking incident


A man identified as Anthony Zepeda held hostage his family on December 31, 2013 over a
disagreement with his father in Pili, Camarines Sur. 
According to a report by the Philippine Daily Inquirer, police tried to negotiate with Zepeda to
no avail because he refused to talk to them.   
The 10-hour crisis ended with Zepeda killing himself after killing his father Expedito, brother,
sister-in-law, and a househelp. 

2014 San Juan hostage-taking incident


A security guard named Charlemaene Aton held hostage lawyer Solomon Condonuevo in San
Juan on June 23, 2014 after a heated argument as the two were preparing to leave the office
building. 
Police negotiated with Aton, who demanded to speak with then-president Aquino and even
then-US president Barack Obama. He also requested plane tickets for his relatives from
Zamboanga del Norte.  

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The 10-hour negotiation ended with Aton killing Condonuevo, after he reportedly became
agitated over what he thought was a siren from additional police force. The siren was from a
nearby firetruck that was stationed due to the annual Wattah-Wattah Festival, according to
a PDI report. 

2014 North Luzon Expressway hostage-taking incident


A man took hostage at least 13 people inside a passenger bus at the North Luzon Expressway
(NLEX) on October 20, 2014. 
Lauro Sanchez, a resident of Agoncillo in Batangas, was described as having “some
psychological instability” by police.
Sanchez was eventually arrested only after a few hours by a police SWAT team that entered the
bus. All hostages were released unharmed, with only two policemen injured after grappling
with the suspect. 

2015 Taft Avenue hostage-taking incident


A man took over a bus along Taft Avenue in Manila, taking hostage his fellow passengers, on
October 8, 2015. 
According to reports, police tried to negotiate with him for an hour but eventually fired at the
suspect after seeing him pressing a “pointed object” on one victim. 
The suspect was declared dead on arrival at the hospital.  

2016 SM City Dasmariñas hostage-taking incident


A domestic problem turned for the worse when a man took hostage at least 12 people inside
one of the toilets in a popular mall in Dasmariñas in Cavite on October 9, 2016.  
The suspect, identified as Carlos Lacdao, was reportedly looking for his wife who was a
bathroom attendant in the mall.  
Nine of the 12 initial hostages were able to escape during the incident. According to reports,
Lacdao stabbed several victims, leaving one dead. 
Lacdao was eventually killed by police 3 hours into the incident.

2018 hostage-taking incident outside Polytechnic University of the Philippines


A man distraught over his brother’s death held hostage a 5-year-old child outside the PUP
campus in Manila on December 17, 2018. 
According to reports, the man identified as Dominador Abrinno took the child and a gun from a
nearby security guard in Sta Mesa. He allegedly fired and injured several people.
After two hours of negotiations, Abrinno surrendered and released the child. 

2019 Cebu hostage-taking incident


 A man held his own cousin hostage in Cebu City on February 7, 2019.
The suspect, identified as Benji dela Rosa, allegedly had no “apparent reason” for doing what
he did. According to the victim, Steve dela Rosa, Benji pointed a gun toward him, threatening to
shoot.

2020 Greenhills hostage-taking incident


Archie Paray is a 40-year-old man who previously worked as a security guard at the Virra Mall
as an employee under SASCOR. There were varying accounts regarding the circumstances of his
employment with SASCOR. Paray expressed his belief that he was a subject of unjust
termination. SASCOR general manager Oscar Hernandez disputed the claims, saying that Paray
was not dismissed from employment and was supposed to be reassigned to a different location
as part of the company's policy of rotating security guards.[3]

During the hostage taking, Paray maintained contact with local authorities and the media
through his mobile phone and a walkie-talkie.[4]

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Members of the SWAT division of the Philippine National Police taking position at the hostage
taking site.
The hostage crisis began when Paray, armed with a .45 caliber pistol, entered the employees'
entrance of the Virra Mall at around 11:14 am. Paray was confronted by a security officer, who
he promptly shot twice. The wounded officer was immediately rushed to a hospital as Paray
took people at the finance office as hostages. At 11:22 am, the Greenhill management
contacted the San Juan city police and within three minutes city police chief Colonel Jimmy
Santos, a SWAT team, and other officials arrived at the scene.[5]

Paray threatened to kill the hostages and made his first demand: to have all security guards of
the mall gather outside the mall. He later demanded to be given media presence. At around
12:30 pm, the police set up a command post inside the Greenhills chapel. The mall was placed
under lock down at around 1 pm. At that time the incident was being reported as a shooting
incident with the police not yet officially confirming that a hostage taking was underway. San
Juan Mayor Francis Zamora and National Capital Region Police Office (NCRPO) chief Debold
Sinas arrived at the hostage taking site. At 2:30 pm, the Greenhills management issued a
statement publicly confirming the then-ongoing hostage taking.[5] Despite the closure, several
onlookers still managed to gather at the site to film the incident live and give updates about the
situation online.[2]

The police began setting up a press conference at 4 pm as part of fulfilling one of the demands
of the hostage taker. An hour later, the media was brought in the Greenhills shopping mall
complex for a briefing with the police. A video call was made by a police officer to confirm the
attendance of representatives of the media including reporters from CNN, GMA, ABS-CBN, and
TV5, and representatives from Paray's former employer, SASCOR.[5]

At 6 pm, six SASCOR officials publicly announced their intention to resign from their post in a
bid to appease Paray. In response, Paray demanded that two of them eat ₱2,500 in front of the
media. He offered one condition that must be fulfilled to drop that particular demand: for the
police to plead with him via the media to not force the act on his two former bosses, a demand
with which the police complied.[5]

The hostages were freed at around 8:16 pm.[6] Paray, initially thought to be unarmed, exited
with the hostages. Paray then proceeded to air his grievances against his former employers on
national television for 20 minutes before the police managed to arrest him at around 8:45 pm.
[5]

Victims
The only injury was the security guard who confronted Paray at the start of the incident. The
guard, who was shot twice, was rushed to the Cardinal Santos Medical Center, and was
reported to be in stable condition. The 55 hostages were all released unharmed with some
expressing the ordeals they've confronted in online social media.

PNP OPERATIONAL PROCEDURES under Rule 26


Section 1 - PROCEDURE TO BE FOLLOWED IN A HOSTAGE SITUATION

SECTION 2. Ground Commander


There shall be only one Ground Commander in the area. Until such time that he officially
designates a spokesperson, he may issue appropriate press statements and continue to
perform the role of the spokesperson.

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It is very important to note that there shall only be ONE Ground Commander. Why so? It is to
avoid chaos and misunderstanding in the command chain and decisions relative to the
negotiation procedure.

SECTION 3. Negotiators
Negotiators shall be designated by the Ground Commander. No one shall be allowed to talk
to the hostage-taker without clearance from the negotiator or Ground Commander.

SECTION 4. Assault Team


An assault team shall be alerted for deployment in case the negotiation fails. Members of the
assault team shall wear authorized and easily recognizable uniform during the conduct of the
operation.

SECTION 5. Assault Plan


The assault shall be planned to ensure minimal threat to life for all parties.

SECTION 6. Support Personnel


An ambulance with medical crew and a fire truck shall be detailed at the incident area.

SECTION 7. Coordination
Proper coordination with all participating elements shall be done to consolidate efforts in
solving the crisis.

SECTION 8. Safety of Hostage(s)


In negotiating for the release of a hostage, the safety of the hostage shall always be paramount.

SECTION 9. Guidelines during Negotiations


a. Situation must be stabilized first and contained before the start of the negotiation;
b. Do not introduce outsiders (non-law enforcement officers) into the negotiation process,
unless their presence is extremely necessary in the solution of the crisis. If so introduced, they
shall be properly advised on the do’s and don’ts of hostage negotiations; and

In the previous slide, in the hostage-taking incident in 2007 at Manila City Hall, where Senator
Bong Revilla and various other government officials were involved in the negotiation process.
c. Police officers without proper training shall not be allowed to participate in hostage
negotiations.

Critical Points to Remember in Negotiation


2.1. The goal of negotiation is to reach an agreement that will benefit the concerned
individual/groups;
2.2. A good negotiation fosters stronger working relationship between people or groups and
promotes mutual understanding among the concerned individuals/groups, especially after
reaching an agreement;
2.3. All negotiators must be willing to work with those who have conflicting interests. They
must be willing to compromise or exchange for value in order for the negotiation to be a
success;
2.4. A negotiation can only be possible when both parties acknowledge the legitimacy of each
other’s conflicting viewpoints and are willing to work out a solution or agreement in order
to arrive at a win-win situation;
2.5. All negotiators should learn how to give and take in order to achieve their desired
outcomes and to find lasting solutions;
2.6. A good negotiation ends with all players winning or gaining something;

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2.7. Negotiation involves an exchange of ideas between individuals. Its success depends on the
participants’ understanding of human nature and the ability to empathize with and
anticipate each other’s needs;
2.8. Every negotiator must have a high stress threshold and knowledge of human psychology.
He/She must have an open mind that will allow him/her to change his/her appraisal of a
situation whenever necessary;
2.9. It is a must that before entering any negotiation, the negotiator must have the background
information vital to negotiating with the concerned parties;
2.10. All options must be weighed before agreeing to enter into negotiation;
2.11. All negotiators must have the determination to take calculated risks to avoid manipulation
by the other party;
2.12. When negotiating as a team, always get the commitment of every team member before
entering the meeting. Team members must be involved in every action;
2.13. In all negotiations, always look beyond what the other party is openly demanding.
Oftentimes, their real needs and wants are hidden behind their words and actions;
2.14. All lines of communication between parties must be open;
2.15. Maintain a positive attitude in cases when the negotiation did not work. Reevaluate your
choices and pursue another path; and
2.16. Negotiators must be alert and always ready to spot and resolve tactics such as deadline
and deadlock pressure, as well as lingering concerns and other potential barriers to the
successful execution of a negotiated agreement. If left unattended, these could lead to a
breakdown in the agreement.

Section 3. The Negotiation Process


There are three components involved in negotiation: negotiate, keep track of what is going on,
and then decide. In hostage negotiation, these components are performed by different
individuals. But in business and corporate exercises, these are performed by one person.
Hence, in both cases, negotiators must be prepared before going up to the negotiation table.

3.1. Preparation
All relevant tools and information that can strengthen a negotiator’s position and create a
favorable climate for a successful negotiation must be prepared.
1) Facts and figures relevant to the situation. If it is a business or sales negotiation, the
negotiator must make sure that he/she has all the important details about the product,
as well as all other pertinent information such as discounts, rebates, credit terms,
transport, warranties, promos, etc.;
2) Strengths and weaknesses of the other party in both financial and non-financial terms;
3) The issues and concerns of the other party; and,
4) All the players in the negotiation, including influencers, endorsers, and terminal
decision makers. Find out the interest and stances of each, because they are certain to
play a significant role in the outcome of a negotiation.
b. Setting of goals. A negotiator must not be afraid to aim for the best results while
negotiating. It is important that he/she must have confidence in the negotiation process.
Furthermore, he/she must have a well-defined objective that is quantifiable and
measurable over time.
c. Planning of initial stance. This should be flexible because the other party is sure to challenge
this initial position. They will try to convince the negotiator to lessen the requirements or
demands. Thus, the initial stance should be that which offers the best and most benefits
possible, within justifiable limits. If the negotiator is a buyer, this should be the lowest price
possible. Results of the initial research must be used to formulate the initial stance.

d. Prepare backup and bottom-line positions. Expect the other party to reject your initial
stance. Your backup position should be more reasonable but still flexible. Your bottom-
line position, on the other hand, will be your last offer or last acceptable position, so it

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should be clear and specific and should set the limit to what you are willing to give. You
can still change both positions during the course of the actual negotiation, based on the
other party’s stance.
e. Lastly, ready answers and solutions to the expected issues or concerns of the other party
must be prepared. Not doing so can result in getting stuck in the negotiation and not
knowing what to do next.

3.2. Drawing Up a Negotiation Strategy


In preparing the initial backup and bottom-line positions, certain essential things must be taken
into consideration. The following guidelines can be helpful in arriving at a clear, sound, and
effective negotiation strategy.
a. Assessment on what to do when both parties do not reach an agreement;
b. Assessment on what the other party will do if they do not reach an agreement with the
negotiator;
c. Assessment on the true issues in the negotiation;
d. Assessment on the importance of the issues to the negotiator;
e. Assessment on the importance of the issues to the other party;
f. Assessment on the bargaining issue; and
g. Assessment on the existence of trade-offs.

3.3. The Negotiation Proper


The actual negotiation should be ably managed. Otherwise, communication will break down
and an agreement will not be reached. The negotiation process is comprised of simple and basic
steps.

a. Eight Easy Steps in the Negotiation Process


1) All of the players should be clear with their interests and demands.
Parties involved should clearly state their initial stance. They should make sure that
everyone involved understand what they need or want. All demands should be justified.
2) Identify and acknowledge all conflicts and issues which need to be resolved.
There may be points on which the parties agree, and those that they disagree on.
All of these should be identified and acknowledged.
3) Agree on a common goal
The players should identify their expected or target outcome as well as the benefits that
they expect from the agreement.
4) Bargain for a better deal
If the other party’s demands are too unreasonable, do not hesitate to negotiate for a
better deal. It is at this point that the backup and bottom-line positions may be offered.
5) Trade concessions
All of the players in the negotiation process should lay down what they are willing to
provide in response to each other’s needs and demands. This is the give and take part of
the process. Everyone should be aware of trade-offs or what others call “horse-trading”.
6) Try to resolve the issues and problems of all those concerned
It would be helpful if the parties could draw up an agenda identifying which issues are to
be discussed or covered during the negotiation. They should also attempt various courses
of action that will lead to a workable and implementable solution. They should make sure
that as much as possible all needs are met and all demands are satisfied.
7) Compromise
Players must come to an agreement or a meeting point. This may mean striking a deal on
either a short-term or long-term basis.
8) Conclude with a formal or written agreement

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This refers to the written form duly signed by both parties as formal proof of what
has been agreed upon. This is only applicable for formal negotiations. Otherwise, a
mutual agreement between those involved is enough.

NEGOTIATION TECHNIQUES AND STRATEGIES


Section 1. Talking to Hostages
1.1. Negotiating Strategies in Domestic Sieges
a. Allow to bent feelings;
b. Label emotions;
c. Take a rational line;
d. Try not to take sides; and
e. Emphasize the positive.

1.2. Negotiating Strategies in Criminal Sieges


a. Provide a solution;
b. Legal and media observers; and
c. Appeal to reason.

Section 2. Negotiating Strategies for Schizophrenic Individuals


2.1. Avoid convincing them of the reality;
2.2. Avoid entering the unreal;
2.3. Attempt to understand;
2.4. Avoid getting the services of the hostage-taker’s family as intermediaries;
2.5. Avoid getting the services of health professionals because schizophrenic individuals have a
negative view of them; and
2.6. Avoid staring or getting too close.

Section 3. Negotiating Strategy for Antisocial Individuals


3.1. Be reminded of the subjects’ egocentricity;
3.2. Keep the subject busy;
3.3. Convince the subject that safe releases are to his advantage;
3.4. Be reality-oriented; and
3.5. Avoid non-police intermediaries.

Section 4. Negotiating Strategy for Inadequate Individuals


4.1. Try to find a way of resolving the situation to avoid failure;
4.2. Try to talk more about success; and
4.3. Try to raise self-esteem.

Section 5. Negotiating Strategy for Depressed Individuals


5.1. Be patient for replies;
5.2. Avoid getting friends of the depressed individuals to assist since their presence may
escalate guilt;
5.3. Beware of sudden improvements;
5.4. Do not crowd and avoid small body space;
5.5. Beware suicide by cop;
5.6. Discuss “real world” vs. “abstract”;
5.7. Postpone action instead of changing mood; and
5.8. Empathy.

Section 6. Strategy when there is threat to kill or harm


When there is a threat to kill or harm the hostages, the negotiator should emphasize the
following:
6.1. Injury will bring bad publicity;
6.2. Victims are innocent;
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6.3. Victims should not be punished for problems outside the stronghold;
6.4. Never accept the threat of or actual violence to pass without challenge;
6.5. Never challenge a threat to be carried out; and
6.6. Prevent serious injury by persuasion.

Section 7. Actual Death or Injury


7.1. Never assume death;
7.2. Encourage first aid and recovery of the injured;
7.3. Try to prevent further injury;
7.4. Never accept without comment; and
7.5. Challenge their authority to take life.

Section 8. Intervention Strategy for Suicidal Individuals


8.1. Primary Reason for a Person Wishing To Commit Suicide
a. Hopelessness;
b. Helplessness;
c. Guilt;
d. Loneliness; and
e. Separation/Abandonment.

8.2. Suicidal Intervention Strategies


Negotiators should remember that the hostage-taker while holding hostages, generally
wants to live. The suicidal subject generally wants to die, but the threat of suicide may be used
to test reaction, to gain something or even to manipulate events.
Negotiation objectives in suicide intervention should be diffusing intense emotions and
return subject to normal functioning level.
How do you determine if a person is suicidal? The negotiator can ask the following question.
“Are you going to commit suicide?”
Be careful! Do you have sufficient reasons to avoid this question? If there is a nagging doubt –
then ASK.

INTERNATIONAL CONVENTION AGAINST THE TAKING OF HOSTAGES

The preamble to the Hostages Convention declares that “the taking of hostages is an offence of
grave concern to the international community”. It also highlights the Convention’s role in
furthering the purposes and principles of the Charter of the United Nations in maintaining
international peace and security and promoting friendly relations and co-operation among
States; and in securing the rights to life, liberty and security of person as recognised in the
UDHR and ICCPR. While the preamble also describes “all acts of taking of hostages as
manifestations of international terrorism”, it is clear from the definition of offences in article 1
that hostage-taking is an offence even if it involves compulsion for private rather than political
purposes.

Rule 96. Hostage-Taking of the International Humanitarian Law


Rule 96. The taking of hostages is prohibited.

The prohibition of hostage-taking is recognized as a fundamental guarantee for civilians and persons
hors de combat in Additional Protocols I and II.[4] Under the Statute of the International Criminal Court,
the “taking of hostages” constitutes a war crime in both international and non-international armed
conflicts.[5] Hostage-taking is also listed as a war crime under the Statutes of the International Criminal
Tribunals for the former Yugoslavia and for Rwanda and of the Special Court for Sierra Leone.[6]
Numerous military manuals prohibit the taking of hostages.[7] This prohibition is also set forth in the
legislation of numerous States.

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The UN Commission on Human Rights has stated that hostage-taking, wherever and by whoever
committed, is an illegal act aimed at the destruction of human rights and is never justifiable.[15] In its
General Comment on Article 4 of the International Covenant on Civil and Political Rights (concerning
states of emergency), the UN Human Rights Committee stated that States parties may “in no
circumstances” invoke a state of emergency “as justification for acting in violation of humanitarian law
or peremptory norms of international law, for instance by taking hostages”.

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