Professional Documents
Culture Documents
Circle 2016
University of Santo Tomas
Digested by: DC 2016 Members
Editors:
Tricia Lacuesta
Lorenzo Gayya
Cristopher Reyes
Macky Siazon
Janine Arenas
Ninna Bonsol
Lloyd Javier
LEGAL
ETHICS
Table of Contents
Legal Ethics ................................................................................................................................................................. 1
A. Practice of law (Rule 138) ........................................................................................................................ 2
B. Duties and Responsibilities of a Lawyer ............................................................................................ 3
To Society ........................................................................................................................................................... 3
To the Legal Profession ................................................................................................................................ 5
To the Courts..................................................................................................................................................... 9
To the Clients ................................................................................................................................................. 15
C. Suspension, Disbarment and Discipline of Lawyers................................................................... 33
D. Readmission to the Bar........................................................................................................................... 36
E. Notarial Practice ........................................................................................................................................ 37
Judicial Ethics .......................................................................................................................................................... 41
Discipline of the Members of the Judiciary ............................................................................................ 48
Disqualification of Judges and Justices..................................................................................................... 61
Powers and Duties of Courts and Judicial Officers .............................................................................. 63
Retirement of Members of the Judiciary ................................................................................................. 67
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RE: DECISION DATED 17 MARCH 2011 IN CRIMINAL CASE NO. SB-28361 ENTITLED "PEOPLE
OF THE PHILIPPINES v. JOSELITO C. BARROZO"
FORMER ASSISTANT PROSECUTOR JOSELITO C. BARROZO
A.C. No. 10207, July 21, 2015, PER CURIAM
Direct bribery is a crime involving moral turpitude, thus, a ground for the suspension or
disbarment of a lawyer from his office as an attorney.
Facts:
Barrozo was found guilty beyond reasonable doubt of direct bribery by the Sandiganbayan,
which later on became final and executory. Thereafter, a disbarment case was filed against him.
Subsequently, upon Order of the Court, the Office of the bar confidant evaluated the case and came up
with recommending the disbarment of respondent.
Issue:
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3. TO THE COURTS
ATTY. ALFREDO L. VILLAMOR, JR. v. ATTYS. E. HANS A. SANTOS
and AGNES H. MARANAN
A.C. No. 9868, April 22, 2015, BRION, J.
A lawyer shall not do any falsehood, nor consent to the doing of any in court, nor shall he misled by any
artifice.
Facts:
Atty. Alfredo L. Villamor, Jr. filed a complaint for disbarment against Attys. Hans Santos and
Agnes Maranan on the ground that in a civil case for a sum of money before the Regional Trial Court
of Pasig City (RTC Pasig), the latter used a deceptive ploy to prevent the payment of the proper
docket fees. Knowing that the complaint was actually one for damages, the respondents allegedly
disguised the complaint as an action for specific performance and injunction (where the amount
involved is incapable of pecuniary estimation) and deliberately omitted to specify the damages
prayed for amounting toP68,000,000.00 in the prayer of the complaint in order to avoid paying the
proper docket fees. According to the complainant, this intentional omission to specify the amount of
damages was specifically declared by the Court in Manchester Development Corporation, et al. v.
Court of Appeals as grossly unethical, and thus constitutes a valid ground for disbarment. Atty. Santos
and Atty. Maranan denied that they deceived the court by making it appear that the case was an
action for specific performance and injunction. They claimed that at the time the complaint in the
said civil case was, twelve (12) out of fifteen (15) checks were not yet due and demandable, clearly
indicating that the complaint was really an action for specific performance and injunction, rather
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JESSIE T. CAMPUGAN and ROBERT C. TORRES v. ATTY. FEDERICO S. TOLENTINO, JR., ATTY.
RENATO G. CUNANAN, ATTY. DANIEL F. VICTORIO, JR. and ATTY. ELBERT T. QUILALA
A.C. No. 8261, 11 March 2015, BERSAMIN, J.
JESSIE T. CAMPUGAN and ROBERT C. TORRES v. ATTY. CONSTANTE P. CALUYA, JR. and ATTY.
ELBERT T. QUILALA
A.C. No. 8725, 11 March 2015, BERSAMIN, J.
A lawyer may be disciplined for misconduct committed either in his professional or private
capacity. The test is whether his conduct shows him to be wanting in moral character, honesty, probity,
and good demeanor, or whether his conduct renders him unworthy to continue as an officer of the
Court.
Facts.
Complainants engaged the services of Atty. Victorio in a civil action they brought to seek the
annulment of a TCT registered in QC.
Complainants withdrew the civil action after entering an
amicable settlement with the other party. After the RTC order was issued in relation to the
settlement, complainants could no longer locate Atty. Victorio. Upon verification, complainants
found out that new annotations were made in their subject TCT, appearing to be filed by Atty.
Tolentino seeking the cancellation of the affidavit of adverse claim and the notice of lis pendens. They
submitted that the cancellation of their notice of adverse claim and their notice of lis pendens without
a court order specifically allowing such cancellation resulted from the connivance and conspiracy
between Atty. Victorio, Jr. and Atty. Tolentino, Jr., and from the taking advantage of their positions as
officials in the Registry of Deeds by respondents Atty. Quilala, the Chief Registrar, and Atty. Cunanan,
the acting Registrar and signatory of the new annotations. Thus, they claimed to be thereby
prejudiced.
Issue.
Whether or not there is merit in the disbarment proceedings filed by the complainants.
Ruling:
No. Well entrenched in this jurisdiction is the rule that a lawyer may be disciplined for
misconduct committed either in his professional or private capacity. The test is whether his conduct
shows him to be wanting in moral character, honesty, probity, and good demeanor, or whether his
conduct renders him unworthy to continue as an officer of the Court.
The complainants' allegations of the respondents' acts and omissions are insufficient to
establish any censurable conduct against them. The Court underscores that registration is a merely
ministerial act of the Register of Deeds. In view of the foregoing, we find no abuse of authority or
irregularity committed by Atty. Quilala, Atty. Cunanan, and Atty. Caluya, Jr. with respect to the
cancellation of the notice of adverse claim and the notice of lis pendens annotated on TCT No. N290546. Whether or not the RTC order dated May 16, 2008 or the letter-request dated June 30, 2008
had been falsified, fraudulent or invalid was not for them to determine inasmuch as their duty to
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4. TO THE CLIENTS
MABINI COLLEGES, INC. v. ATTY. JOSE D. PAJARILLO
A.C. No. 10687, July 22, 2015, VILLARAMA, JR., J
The rule prohibiting conflict of interest also applies when the lawyer represents a client against
a former client in a controversy that is related, directly or indirectly, to the subject matter of the
previous litigations in which he appeared for the former client.
Facts:
Complainant Mabini Colleges, Inc., had a Board of Trustees which was divided in to two
opposing factions; the Adeva Group and Lukban Group. Atty. Pajarillo, herein respondent was
appointed as its corporate secretary. Adeva authorized the Executive Vice President and Treasurer of
the complainant to apply for a loan with the Rural Bank of Paracale (RBP) which was however
opposed by Lukban because the Adeva appointed Guerra and Echano, who were allegedly not
registered as stockholders, as members of the Board of Trustees. RBP granted the loan application.
Thereafter, Securities and Exchange Commission (SEC) nullified the appointment of Guerra and
Echano. Thus, RBP sent a letter to the complainant acknowledging receipt of the SEC Order and
informing the latter that the SEC Order was referred to RBPs legal counsel, herein respondent. The
complainant alleged that it was only upon receipt of such letter that it became aware that respondent
is also the legal counsel of RBP. Consequently, RBP moved to foreclose the Real Estate Mortgage.
Thus, a complaint was filed. Respondent entered his appearance as counsel for RBP. Later on, Mabini
Colleges, Inc. filed the present complaint for disbarment against the respondent for allegedly
representing conflicting interests and for failing to exhibit candor, fairness, and loyalty.
Issue:
Whether or not Atty. Pajarillo is guilty of representing conflicting interests.
Ruling:
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Whether or not Atty. Gonzales is administratively liable for failing to submit a position
Ruling:
Yes. He grossly violated Canon 17 of the Code of Professional Responsibility which
provides: A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and
confidence reposed in him. As the records show, Atty. Gonzales gave the complainant the run-around
for an unreasonably long period of time; the latter had to repeatedly inquire about and follow up the
filing of the position paper in the DARAB case. On the matter alone of keeping complainant posted on
the status of the case, Atty. Gonzales failed to comply with his duty under Rule 18.04, Canon 18 that
"a lawyer shall keep the client informed of the status of the case and shall respond within a
reasonable time to the client's request for information." Atty. Gonzales was not only grossly negligent
in the performance of his duties as the complainant's lawyer; he was also downright dishonest and
unethical in his dealings with the complainant. For the injury he caused to the complainant and his
family because of his malpractice, Atty. Gonzales is suspended from the practice of law for 3 years.
JESSIE CAMPUGAN and ROBERT TORRES v. ATTY. FEDERICO TOLENTINO, JR., et al.
A.C. No. 8261, March 11, 2015, BERSAMIN, J.
JESSIE CAMPUGAN and ROBERT TORRES v. ATTY. CONSTANTE P. CALUYA, JR. and ATTY.
ELBERT QUILALA
A.C. No. 8725, March 11, 2015, BERSAMIN, J.
Although it is not necessary to prove a formal agreement in order to establish conspiracy because
conspiracy may be inferred from the circumstances attending the commission of an act, it is nonetheless
essential that conspiracy be established by clear and convincing evidence.
FACTS:
In a civil case involving a TCT that was, as allegedly owned by the complainants, unlawfully
cancelled and replaced by a TCT issued in favor of the Ricaforts, it appears that the parties entered
into an amicable settlement during its pendency. Here, the complainants agreed to sell the property
and the proceeds to be equally divided between the parties. Pursuant to the terms of the settlement,
Atty. Daniel Victorio, Jr., the complainants counsel, filed a Motion to Withdraw Complaint which the
RTC granted. The complainants alleged that from that time, they could no longer locate or contact
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MICHAEL RUBY v. ATTY. ERLINDA B. ESPEJO and ATTY. RUDOLPH DILLA BAYOT
A.C. No. 10558 February 23, 2015, REYES, J.
To establish the [attorney-client] relation, it is sufficient that the advice and assistance of an
attorney is sought and received in any matter pertinent to his profession.
Facts:
Ruby filed an administrative case against Attys. Espejo and Bayot. He engaged their services
and gave Atty. Espejo 50,000 as filing fee but the real amount was only 7,561. Atty. Bayot then
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JUDICIAL ETHICS
A. SOURCES
JOSEFINA M. ONGCUANGCO TRADING CORPORATION, REPRESENTED BY JOSEFINA M.
ONGCUANGCO v. JUDGE RENATO D. PINLAC, REGIONAL TRIAL COURT, BRANCH 57, SAN
CARLOS CITY, PANGASINAN
A.M. No. RTJ-14-2402, 15 April 2015, Third Division, REYES, J.
The proscription against borrowing money or property from lawyers and litigants in a case pending
before the court is imposed on Judges to avoid the impression that the Judge would rule in favor of a
litigant because the former is indebted to the latter. In order for the said proscription to operate, it
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order
Whether or not Judge Flores should be sanctioned for undue delay in rendering a decision or
Ruling:
While Judge Flores admitted there were instances of delay and attributed them to the heavy
caseload of the courts he was handling, his excuse can only be given a short shrift since he could have
asked the Court for extension of time to resolve said incidents, which he never did. The Court is not
oblivious to the heavy caseload of the trial courts and usually allows reasonable extensions of time.
Given Judge Flores failure to ask for an extension to resolve the pending and due incidents before his
courts, he is deemed to have incurred in delay. Delay in case disposition is a major culprit in the
erosion of public faith and confidence in the judiciary and the lowering of its standards. Failure to
decide cases within the reglementary period, without strong and justifiable reasons, constitutes
gross inefficiency warranting the imposition of administrative sanction on the defaulting judge.
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Whether or not Judge Desales-Esidera may be held administratively liable for the
misrepresentation made on her childs birth certificate.
Whether or not Judge Desales-Esidera is guilty of disgraceful and immoral conduct.
Whether or not Judge Desales-Esidera is guilty of bigamy.
Ruling:
1. No. Judge Desales-Esideras omission to correct her childs birth certificate is not sufficient
to render her administratively liable under the circumstances. The error in the birth certificate
cannot be attributed to her. She did not participate in filling in the required details in the document.
The birth certificate shows that it was her husband who signed it as informant.
2. No. Judge Desales-Esidera is not guilty of disgraceful and immoral conduct under the Code
of Professional Responsibility. For purposes of determining administrative liability of lawyers and
judges, "immoral conduct" should relate to their conduct as officers of the court. To be guilty of
"immorality" under the Code of Professional Responsibility, a lawyers conduct must be so depraved
as to reduce the publics confidence in the Rule of Law. The Court also does not find that respondent
judges acts constitute immorality for purposes of administrative liability. Under the circumstances,
respondent judges second marriage and her alleged affair with her second husband were not of such
depravity as to reduce confidence in the Rule of Law. Moreover, respondent judges acts were not
intrinsically harmful. When respondent judge married her second husband, no harm was inflicted
upon any one, not even the complainant. There was no evidence on the records that the first
husband, who was the most interested person in the issue, even objected to the second marriage.
3. No. Article 349 of the Revised Penal Code prohibits a second or subsequent marriage
before the legal dissolution of a first marriage. The second or subsequent marriage contemplated
under this provision is the marriage entered into under the law. What the law prohibits is not second
marriage during a subsisting marriage per se. What the law prohibits is a second marriage that would
have been valid had it not been for the subsisting marriage. Under our law, respondent judges
marriage in 1990 was invalid because of the solemnizing officers lack of authority.
However, respondent judge may have disobeyed the law, particularly Article 350 of the
Revised Penal Code, which prohibits knowingly contracting marriages against the provisions of laws.
However, Article 350 may be of doubtful constitutionality when applied to religious exercise and
expression insofar as it prescribes upon individuals and religious communities formal requirements
for the conduct of their religious ceremonies. Thus, unless respondent judges act of participating in a
marriage ceremony according to her religious beliefs violates other peoples rights or poses grave
and imminent danger to the society, the Court cannot rule that respondent judge is administratively
liable for her participation in her religious marriage ceremony.
RE: COMPLAINT DATED JANUARY 28, 2015 OF CATHERINE DAMAYO, REPRESENTED BY HER
MOTHER, VENIRANDA DAMAYO, AGAINST HON. MARILYN LAGURA-YAP, ASSOCIATE JUSTICE,
COURT OF APPEALS- VISAYAS, CEBU CITY, CEBU
A.M. NO. CA-15-53-J. July 14, 2015, PERALTA, J.
The Court has to be shown acts or conduct of the judge clearly indicative of arbitrariness or
prejudice before the latter can be branded with the stigma of being biased and partial.
Facts:
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DISICIPLINE
CLERK OR COURTS
ANONYMOUS LETTER AGAINST AURORA C. CASTAEDA, CLERK III, RTC, BRANCH 224, QUEZON
CITY, AND LORENZO CASTAEDA, SHERIFF IV, RTC, BRANCH 96, QUEZON CITY. A.M. No. P-113017, June 16, 2015, PER CURIAM
Officials and employees involved in the administration of justice to faithfully adhere to their mandated
duties and responsibilities. Any act of impropriety - whether committed by the highest judicial official or
by the lowest member of the judicial workforce can greatly erode the peoples confidence in the
Judiciary.
Facts:
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COURT PERSONNEL
COMMITTEE ON SECURITY AND SAFETY, COURT OF APPEALS v. REYNALDO V. DIANCO - CHIEF
SECURITY
A.M. No. CA-15-31-P, June 16, 2015, PER CURIAM
[D]ishonesty, x x x need not be committed in the course of the performance of duty by the
person charged. The rationale for the rule is that if a government officer or employee is dishonest or is
guilty of oppression or grave misconduct, even if said defects of character are not connected with his
office, they affect his right to continue in office.
Facts:
Respondents Reynaldo Dianco (Dianco), Joven Sorianosos (Sorianosos), and Abelardo
Catbagan (Catbagan), together with other members of the CA Security Group went on an excursion at
Cainta, Rizal. Catbagan was tasked to head the Food Committee created for said excursion while
Sorianosos was assigned to head the Money Collection and Budget and Games Committee. After the
excursion, it was discovered that there has been irregularities between the amount of money
disbursed for the excursion between the food concessionaires initial computation and that indicated
in the receipt. According to the food concessionaires initial computation, only Php16,850.00 was
used out of the funds, while according to the receipt the fund disbursed amounted to Php21,840.00.
Furthermore, there were reports that Dianco and Sorianosos allegedly violated the prohibition on the
consumption of alcohol in the premises of their place of excursion. Thereafter, the CA Office of the
Clerk of Court formally charged Dianco for dishonesty and misconduct, while Sorianosos was
charged with simple dishonesty, and simple misconduct, and Catbagan was indicted for simple
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SHERIFF
FELISICIMO R. SABIJON and ZENAIDA A. SABIJON v. BENEDICT M. DE JUAN, SHERIFF IV,
REGIONAL TRIAL COURT OF KABACAN, NORTH COTABATO, BRANCH 22
A.M. No. P-14-3281, January 28, 2015, PERLAS-BERNABE, J.
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REGISTER OF DEEDS
OFFICE OF THE OMBUDSMAN v. MA. NIMFA P. DE VILLA
G.R. No. 208341, June 17, 2015, MENDOZA, J.
A presumption is not sufficient substantial evidence to sustain a finding of administrative liability.
Facts:
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JESSIE CAMPUGAN and ROBERT TORRES vs. ATTY. FEDERICO TOLENTINO, JR., et al.
A.C. No. 8261, March 11, 2015, J. Bersamin
JESSIE CAMPUGAN and ROBERT TORRES v. ATTY. CONSTANTE P. CALUYA, JR. and ATTY.
ELBERT QUILALA
A.C. No. 8725, March 11, 2015, BERSAMIN, J.
The general duties of the Register of Deeds, are ministerial in nature. It is one that an officer or tribunal
performs in a given state of facts, in prescribed manner, in obedience to the mandate of a legal
authority, without regard to or the exercise of his own judgment upon the propriety of impropriety of
the act done.
Facts:
In a civil case involving a TCT owned by complainants, and that was unlawfully cancelled and
replaced by a TCT issued in favor of the Ricaforts, it appears that the parties entered into an amicable
settlement during its pendency. Here, the complainants agreed to sell the property and the proceeds
to be equally divided between the parties. Pursuant to the terms of the settlement, Atty. Daniel
Victorio, Jr., the complainants counsel, filed a Motion to Withdraw Complaint which the RTC granted.
The complainants alleged that from that time, they could no longer locate or contact Atty. Victorio, Jr.
and that a new annotation on the letter-request seeking the cancellation of the affidavit of adverse
claim and notice of lis pendens has been filed by the same. Feeling aggrieved by the discovery, the
complainants filed an appeal en consulta with the Land Registration Authority assailing the unlawful
cancellation of their notices. The records do not disclose whether or not this case was already
resolved or remained pending. Due to the facts that they have paid Atty. Victorio, Jr. for his services
and despite such, they are unable to contact the same, they filed the present disbarment case against
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Whether or not Executive Judge Aquino shall be administratively liable since he had no
authority to reverse Judge Beginos order inhibiting himself as such power is vested solely in the SC.
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No. The inhibition of Judge Begino is lacking in some elements. Judge Begino simply ruled
that he is inhibiting from the case to avoid any doubts as to the impartiality of the court. Although
voluntary inhibition is primarily a matter of conscience and sound discretion on the part of the judge,
such should still comply with the provisions of the second paragraph of Section 1, Rule 137 of the
Rules, that is, it should be based on just or valid reasons. In the subject order, the reason for the
inhibition of the judge was not stated. Neither could it be determined from the motion of the Spouses
Muhlachs counsel since the motion was done orally, in violation of Section 213 of the same rule.
When EJ Arroyo declared that Judge Beginos order of inhibition was ineffective, she was in a
way, returning the case back to the presiding judge for the latter to either cure the deficiency or take
cognizance of the case if he finds no basis for the motion. It was for that reason that she used the
word ineffective. Tersely put, EJ Arroyo did not reverse the Order of Inhibition of Judge Begino. She
correctly asked that the Order be completed to comply with the Rule on Inhibition of Judges
.Moreover, to be held liable for gross ignorance of the law, the judge must be shown to have
committed an error that was gross or patent, deliberate or malicious. Here, it was clearly established
that the only intention of EJ Arroyo was to ensure that the case is decided expeditiously and within
the period provided under the law. There was no showing that she was moved by ill-will or
malicious intention to violate existing Court issuances.
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GUIAWAN REGINA BALANZA v. ARSENIO P. CRISTE, CLERK III, REGIONAL TRIAL COURT,
BRANCH 21, VIGAN CITY, ILOCOS SUR
A.M. No. P-15-3321, 21 October 2015, First Division, LEONARDO-DE CASTRO, J.
This court has an interest in the conduct and behavior of its officials and employees and in
ensuring at all times the proper delivery of justice to the people. No affidavit of desistance can divest this
court of its jurisdiction under Section 6, Article VIII of the Constitution to investigate and decide
complaints against erring officials and employees of the judiciary.
Facts:
An administrative complaint was filed against Criste for dishonesty when he certified that
the photocopy of the decision and certificate of finality he found in his table to be true copies on file.
The investigating judge found that Criste got involved because the party to the case was his
townmate Roy. During the investigation, the complainant executed an affidavit of desistance,
claiming that she was no longer interested to pursue the complaint against Criste. The investigating
judge through a resolution refered the administrative complaint to the Office of the Court
Administrator for further proceedings.
Issue:
Whether or not Criste should be held administratively liable despite the desistance of the
complainant.
Ruling:
No. The withdrawal of the complaint or the desistance of a complainant does not warrant the
dismissal of an administrative complaint. The issue in an administrative case is not whether the
complainant has a cause of action against the respondent, but whether the employee has breached
the norms and standards of the courts. Neither can the disciplinary power of this Court be made to
depend on a complainant's whims. To rule otherwise would undermine the discipline of court
officials and personnel. The people, whose faith and confidence in their government and its
instrumentalities need to be maintained, should not be made to depend upon the whims and caprices
of complainants who, in a real sense, are only witnesses. Administrative actions are not made to
depend upon the will of every complainant who may, for one reason or another, condone a detestable
act. Such unilateral act does not bind this Court on a matter relating to its disciplinary power.
Cristes certifications of the photocopies of the Decision and Certificate of Finality gave the
false impression that the said decision and certificate were authentic and officially executed by the
Judge and the Branch Clerk, and that Criste had the authority to make such certifications,
consequently, favoring or benefitting his townmate and acquaintance. Cristes act of certifying the
photocopies of the Decision and Certificate constitute dishonesty. Serious Dishonesty is punishable
by dismissal from the service. However, the Court does not believe that the extreme penalty of
dismissal should be imposed on Criste. he OCA recommended that Criste be suspended for six (6)
months and one (1) day, but since Criste already retired on December 1, 2014, the Court instead
imposes upon Criste a fine equivalent to his salary for six (6) months and one (1) day.
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