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Municipal Ordinance 18 03 Regulating Cockfigthing

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Reynold Renzales Aguilar
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301 views12 pages

Municipal Ordinance 18 03 Regulating Cockfigthing

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Reynold Renzales Aguilar
Copyright
© © All Rights Reserved
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Republic of the Philippines Province of Eastern Samar Municipality of Salcedo OFFICE OF THE SANGGUNIANG BAYAN -o00- June 26, 2018 ‘The Presiding Officer Sangguniang Panlalawigan Provincial Capitol Borongan City Eastern Samar ‘Thru: The Provincial Board Secretary Office of the Sangguniang Panlalawigan Sir: Greetings! Respectfully transmitted herewith in 20 copies with complete attachments, the following: Municipal Ordinance No, 18-03, Series of 2018 entitled “AN ORDINANCE REGULATING THE OPERATION OF COCKFIGHTING AND IMPOSING FEES AND CHARGES THEREOF AND FOR OTHER PURPOSES; and Municipal Ordinance No. 18-04 entitled “ AN ORDINANCE PROHIBITING THE SELLING/RETAILING OF LIQUEFIED FUEL IN “BOTE-BOTE” OR SUCH OTHER SIMILAR CONTAINERS IN THE MUNICIPALITY OF SALCEDO, EASTERN SAMAR” For your appropriate action, Please acknowledge receipt hereof. Very truly yours; w Republic of the Philippines Province of Eastern Samar ‘Municipality of Salcedo OFFICE OF THE SANGGUNIANG BAYAN, -o00- EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF SALCEDO, EASTERN SAMAR HELD ON JUNE 4, 2018 AT THE SB SESSION HALL, THIS MUNICIPALITY. Nice Mayor/Presiding Officer SB Member SB Member SB Member SB Member SB Member SB Member SB Member SB Member ABC Pres. /Ex-Officio Member Present: Hon, Marieris D. Fabillar Hon, Flora T. Badanoy Hon. Noel S. Abunales Hon. Rosario A. Palconite Hon, Susan M. Sumook Hon. Charles O. Cabus Hon, Juanito D. Waniwan Hon. Victoria L. Pelicano Hon, Adam L. Ranit Hon, Romualdo G. Estor Absent: ‘None Municipal Ordinance No. 18-03 Series of 2018 AN ORDINANCE REGULATING THE OPERATION OF COCKFIGHTING AND IMPOSING FEES AND CHARGES THEREOF AND FOR OTHER PURPOSES. Section 1. TITLE: This Ordinance shall be known as the “Cockfighting Ordinance” of the Municipality of Salcedo, Eastern Samar. Section 2, PURPOSE: this Code shall govern the establishment, operation, and maintenance of cockpits, fees and changes, and the regulation of cockfighting. Seetion 3. DECLARATION OF POLICY: It is hereby declared a policy of the municipality to insure maximum development and promotion of wholesome recreation and amusement to bring about the following goals; > To efficiently control and regulate cockfighting towards its establishment as a national recreation, relaxation and source of entertainment; % To remove and prevent excessive and reasonable business operation and profit consideration in the management of cockpits and instead preserve Philippine customs and traditions and thereby enhance our national identity. Section 4. DEFINITION OF TERMS: As used in this Ordinance the following terms shall be understood, applied and construed as follows: “ Cockfighting (“Bulang”) — shall embrace and mean the commonly known game or term “cockfighting”, derby, pintakasi or tupada or its equivalent terms in different Philippine localities. Cockpit -(’Bulangan”) — The properly enclosed building or fenced premises or compoint provided with one or more gates or doors for definite points of entrance and exit licensed in accordance herewith for holding of cockfighting , derby, pintakasi, tupada or its equivalent terms, % International Derby — means a cockfight promotion with foreign entries. National Derby — means a cockfight promotion with national participants. ° Regional/Local Derby — means a cockfight promotion with participants from a particular region. Regular Cockfight - means a cockfight held on Sunday and/ or Legal Holidays ina licensed cockpit. % Special Cockfight — means a cockfight held on days other than Sundays and Legal Holidays, and for special purposes, either in a licensed cockpit or in open spaces provided, there is a constructed an enclosed premises where cockfighting may takes place. ‘ Pit Manager — a person who professionally, regularly and habitually manages a cockpit and cockfights therein, He may not be the owner of the cockpit himself. Referee (Kyumi) ~ a person who watches and oversees the progress of the cockpit and decided its result by announcing the winner or declaring a draw or no contest game. “> Bet Taker (“Masyador”) — a person who participates in cockfights and with the use of money or other things of value, bets with other betters or though other bet takers and wins or loses his bets depending upon the result of the cockfight as announce by the referee or “sentenciador” © Graffer (“Mananari”) — a person knowledgeable in the technique of arming cocks with gaff or gaffs on either or both legs. + Handler (“Largador”) — a person who personally takes physical custody and control , inside the area of the fitted gamecock and who actually releases the same for actual fights and combats in a cockfight. > Promoter — a person licensed by the Municipal Government as such who is engaged in the convening, meeting, holding and the celebration of specially programmed and arranged cockfighting like local and international derbies or competitions, special mains or matched set to or encounter, pintakasi, and ordinary fights or hack fights. Gamecock — refers to domesticated fowls, either imported or locally breed, as well as a native fighting cocks indigenous to the country, especially breed, trained and conditioned for actual cockfighting or for propagating or breeding purposes for eventual use in cockfighting. Cocker (Affecionado”) — a person who participates and bets in cockfighting as a sport amusement, recreation or form of relaxation. Zoning Law or Ordinance — either or both national, local, municipal legislation which logically arranges, prescribes defines and apportions given political sub- division into specific land uses at present and for future projection of need ‘warrant. + ° ° Section 5, OWNERSHIP, OPERATION AND MANAGEMET OF COKFPIT: the following person or entities may own, operate or manage a cockpit: Filipino citizens not otherwise inhibited by laws: Cooperative or corporation, the capitalization of which is sixty percent (60%) Filipino- owned and formed, organized of established and licensed for such purposes. Section 6. ESTABLISHING OF COCKPIT: Only one cockpit shall be allowed in the municipality. However, when, the population of the municipality is determined by the Municipal Planning and Development Officer or the Municipal Population Officer shall have reached 100,000.00 an additional cockpit may be established, maintained and operated; provided, however, that existing right shall not be prejudiced. Provided, further, that the new cockpit to be established should not be nearer than one (1) kilometer radius of an existing cockpit. Section 7, SITES AND CONSTRUCTION OF COCKPITS: Cockpits shall be constructed and operated within the appropriate areas as prescribed in the Municipal Zoning Laws or Ordinances and in accordance with Presidential Decree No. 440, the Cockfighting Law no cockpit shall be established and/or operated within a radius of fifty (50) linear meters from any existing residential or commercial area, hospitals, school building, churches or other public buildings except cockpits already established and licensed before the passage of this Code. Cockpit may also be established with and/ or as an adjunct of resorts, sports and/or recreational 2 project site only recognized and registered with the Philippine Tourism Authority subject to the limitations herein set forth. Before the approval or issuance of building permits for the constructions of cockpits, the plan, specification, location and vicinity of the proposed cockpit shall first be submitted to the Sangguniang Bayan who together with the Municipal Engineer shall review if the same has complied with the National Building Code, Ordinance and regulation and of the provisions thereof. Section 8. PLACE AND TIME OF HOLDING COCKPIT: Regular cockfight may be held only in licensed cockpits. a. For regular cockfights, during Sundays and Local Holidays, excepts on the following days when no cockfighting shall be held: . Holy Thursday . Good Friday |. Philippine Independence Day (June 12) National Heroes Day (Last Sunday of August) Bonifacio Day (November 30) Rizal Day (December 30) Election/Referendum Day . Registration Day on such election/referendum SNAVaRYYo b. The Municipal Mayor may issue Special Permits for Special Cockfights, as provided in Section 12, under the following circumstances 1. For not more than three (3) consecutive days, during Barangay Fiesta upon resolution of the Barangay Sanggunian concemed. Should such special cockfights be held in a place other than a licensed cockpit, no special permit shall be granted unless an enclosed premises shall be constructed where the cockfighting may take place for the safety of spectators. 2. For not more than three (3) consecutive days, on the occasion of an agricultural, commercial or industrial fair, camival or exposition, upon resolution of the Barangay Sanggunian where such fair, carnival or exposition is to held. 3. For the entertainment of foreign dignitaries or for tourist, or for returning Filipinos, commonly known as “Balikbayan”, upon application of the host organization concerned for a period not exceeding three (3) consecutive days. 4. For the support of fund-raising campaign for charitable purposes upon application of the beneficiary concemed for a period not exceeding three (3) consecutive days. Section 9, LICENSING OF COCKPIT: The franchise to operate a cockpit shall be granted by the Sangguniang Bayan of Salcedo, Eastern Samar and shall be in effect for a period of ten (10) years unless terminated by the Sanggunaing Bayan for violation of the provisions of this Ordinance and other related regulations. Present franchise holder will have the options to renew the franchise within 30 days after the expiration. Failure to file the renewal on the prescribed period will pass on the option to other interested applicants. Section 10, REQUIREMENT FOR APPLICATION OF FRANCHISE: The following requirement must be fully complied with before the issuance of franchise/license: A. For New Application — Every application for a new license to operate or maintain a cockpit shall be submitted to the Office of the Sangguniang Bayan concerned accompanied by the following: 1. Registration of Business from either SEC or DTI. 2. Proof of Ownership of the Land or Lease Contract if being leased. 3. Proof of Financial Capacity, Company Profile Development Program and Project Impact Assessment. 4, Clearances/Certification: a) Barangay Clearance b) Mayor Clearance c) DAR Certification 4) DENR Certification e) MPDC Certification . Land Reclassification (if Agricultural Land) The location and vicinity plan of the cockpit; . The cockpit building plan/design as approved by the Sanggunian; Municipal Engineer, and certification by the later to tn effect het he conta shall be constructed in accordance with such approved plan/design in the fea allowed by the zoning law/ordinance. A certification by the Municipal Engineer to the effect that the location/site of the cockpit is not within a radius of 50 linear meters from any existing residential or commercial area, hospitals, school building, churches or other public buildings, and further, it is not within the radius of the one (1) kilometer from an existing cockpit. 8. Official receipt showing payment of the Municipal taxes, fees and other levies prescribed by ordinance duly promulgated by the municipality, and 9. A health Certification of operator and cockpit personnel. ray B, For Renewal of Franchise: 1. Clearances from the Treasurer's Office on payment of dues (Tax Clearance, etc.) 2. New Lease Contract of Land, if any. 3, Audited Financial Statement for the last preceding year 4. Certification from the Municipal Engineer on the Worthiness of the Structure, to the effect that such cockpit is free from material, structural, or other physical hazards. 5. Sanitary and Health Clearance of operator and cockpit personnel 6. Fire Clearance for the cockpit building. Section 11. ANNUAL RENEWAL OF BUSINESS PERMIT: Every application for the annual renewal of a license to operate or manage a cockpit to be submitted to the Municipal Mayor not later than January 20 of each year and shall be accompanied with the following: 1. Official receipt showing payment of Municipal Taxes, fees and other levies as prescribed in pertinent municipal ordinances. 2. In case the cockpit was constructed more than ten (10) years before the date of renewal application, a certificate from the Municipal Engineer to the effect that such cockpit is free from material, structural or other physical hazards. Section 12. COCKFIGHTING OFFICIALS: The following cockfighting officials are required to register with the Office of the Municipal Mayor. a) Promoters/Hosts b) Pit Managers ©) Referees (Sentenciador) d) Bet Managers (Kasador) ©) Bet Takers (Kristo/Llamador) ) Gaffers (Mananari) They shall not officiate as such in any regular or special cockfight herein authorized without first securing a Mayor’s Permit and renewal every year on or before January 20. Section 13. PERMIT REQUIRED FOR SPECIAL COCKFIGHTS; APPLICATION THEREFORE: a) No special cockfights shall be allowed unless authorized by a special permit from the Municipal Mayor. Application for such special permit shall be filed with the Office of the Municipal Mayor at least three (3) days before the event. Every 4 application shall be signed by the owner-operator or licensee of the cockpit where such special cockfights are to be held or by the sponsor in case the special cockfight shall be held in a place other than a license cockpit. b) No international cockfights may be held without permit or license from the Sangguniang Bayan and approved by the Municipal Mayor. The Sangguniang Bayan may authorize the promotion of international cockfight derbies for the support of fund raising campaigns upon application of duly qualified promoters and countersigned by the owner/operator or license of the cockpit or sponsoring organization. Such application shall be at least seven (7) days before the scheduled international cockfight derby. Section 14. IMPOSITION OF FEES: The following fees ‘Treasurer's Office: 9) Franchise Fee b) Application/ Filing Fee c) For Cockpit Registration (Annually) 1. Cockpit Permit Fee 2. Mayor’s Permit 4) For Holding of: 1. International Derby (per day) 2. National Derby/Regional Derby (per day) 2 cock Derby —2,000.00 3 cock Derby 2,500.00 4 cock Derby ~-3,000.00 5 cock Derby —-5,000.00 ©) Per Cockfight (in a licensed cockpit) 1. Ordinary (hackfight) 2. Derbies: a) even bet of less than 4,000.00 b) even bet of P4,000.00 or up” f) Special Cockfights 1. Ina place other than a licensed cockpit 2, License Cockpit 2) Registration of Cockpit Personnel (Annually) 1. Promoter . Pit Manager . Referee (Kuymi) Bet Manager (“Monton”) Bet taker (“Masyador”) Gaffer (Mananari) Handler . Cashier . Derby (Matchmaker) 10. Dressing Crew (Magkukulis) 11, Gate Cashier 12. Gate In-Charge 13, Janitor YRIAvayYN Section 15. PROHIBITIONS: . Tegal gambling pre Mayor's Permit, aside from the operations of a cockpit. 4. Minors are not allowed to enter the cockpit area. shall be paid to the Municipal 5,000.00 forever year granted P 600.00 10,000.00 P 1,000.00 10,000.00 P50.00/sultada P100.00/sultada P200.00/sultada P600.00/per day P600.00/per day 1,000.00 1,000.00 500.00 500.00 500.00 500.00 300.00 500.00 300.00 300.00 ‘500.00 ‘300.00 300.00 Carrying of deadly weapons, except for security personnel and military authorities. Operation of other business activities within the premises of the cockpit arena without Section 16, PENAL PROVISIONS: Violation of any provision of this Ordinance shall have the following penalties: P 2,500.00 One month suspension of business operation of the cockpit Revocation of Franchise In case the owmer or operator of a cockpit is a firm, company or association, the person in-charge with the management of the business shall be liable for any accident and violation thereof. Section 15, SEPARABILITY CLAUSE: If any provision of this Ordinance is declared unconstitutional or invalid, the remaining provisions not affected therewith shall be in full force and effect. Section 16. REPEALING CLAUSE: Any ordinance or parts of any ordinance inconsistent hereof are hereby deemed repealed or modified accordingly. Section 17. EFFECTIVITY: This Ordinance shall take effect 10 days after its publication in a newspaper of general circulation within the Province, pursuant to existing laws. And after a copy thereof has been posted in a bulletin board at the entrance of the Municipal Building, and in at least three (3) conspicuous places within this jurisdiction. ENACTED AND APPROVED: June 4, 2018 at Salcedo, Eastern Samar. WE HEREBY CERTIFY to the correctness of the foregoing Ordinance. HON. FLORA by fradorey HON. NOEL S. SB. ; 9 HON-ROSKGHO-A, PALCONITE HON. cast aod ‘SB Member Rey. HON. CHAR ‘SB Member elie eg HON, VICTORIA L. PELICANO ‘SB Member HON. nib brow ‘ABC Pres,/Ex-Officio Member Attested: Lepte Samar DAILY EXPRESS Editorial & Business Office: G/F Knights of Columbus Building 187 P. Zamora Sireet, Tacloban City, Leyte Tel. Nos.: (053) 321-4833 / (053) 321-5591 Website: E-mail Address: \sdaily2@vahoo,com REPUBLIC OF THE PHILIPPINES ) City of Tacloban )Ss. AFFIDAVIT OF PUBLICATION ___ THAT I, DALMACIO C. GRAFIL of legal age, married and a resident of Tacloban City, Philippines ater being duly sworn to in accordance with the provisions of law, depose and iy: THAT ~ I am the PUBLISHER of the LEYTE SAMAR DAILY EXPRESS a newspapet edited and printed in the City of Tacloban and regularly circulated in the provinces of Leyte, Southem Leyte, Biliran, Samar, Northem Samar, Eastem Samar and the cities of Tacloban, Ormoc, Baybay, Maasin, Calbayog, Catbalogan and Borongan. THAT-Republic of the Philippines Province of Eastern Samar Municipality of Salcedo Municipal Ordinance No. 18-03 Series of 2018 AN ORDINANCE REGULATING THE OPERATION OF COCKFIGHTING AND IMPOSING FEES AND CHARGES THEREOF AND FOR OTHER PURPOSES. AND MU- NICIPAL ORDINANCE NO. 18-04 Series of 2018 AN ORDINANCE PROHIBI- TING THE SELLING/RETAILING OF LIQUEFIED FUEL IN "BOTE BOTE" OR SUCH OTHER SIMILAR CONTAINERS IN THE MUNICIPALITY OF SALCEDO, EASTERN SAMAR" GASENO.: APPLICANT: DATE OF HEARING/BIDDING :, A printed copy of which is attached was published in the said newspaper on June I2, 2018 IN WITNESS WHEREOF, I hereunto affix my signature this_I2th day of June_2018 , at Tacloban City, Philippines. SUBSCRIBED AND SWORN to before me this_ 12th Tacloban City. Affiant exhibited to me his Community Tax Certifitate aE issued at Tacloban City, on Jan. 3, 2018. Dee. No. Page No. Book No SXKV TTY. Series of 2018 Notary Public PTR No. 7673282 Until Dec. 31, 2018 %, Republic of the Philippines ) Province of Eastern Samar Municipality of Salcedo OFFICE OF THE SANGGUNIANG BAYAN -o0- MINUTES OF THE PUBLIC HEARING OF MUNICIPAL ORDINANCE NO. 18-03 ENTITLED “AN ORDINANCE REGULATING THE OPERATION _OF COCKFIGHTING AND IMPOSING FEES AND CHARGES THEREOF AND FOR OTHER PURPOSES; AND MUNICIPAL ORDINANCE NO. 18-04 ENTITLED “ AN ORDINANCE PROHIBITING THE SELLING/RETAILING OF LIQUEFIED FUEL IN “BOTE-BOTE” OR SUCH OTHER SIMILAR CONTAINERS IN THE MUNICIPALITY OF SALCEDO, EASTERN SAMAR” CONDUCTED ON MAY 23, 2018 AT THE MUNICIPAL SOCIAL HALL OF SALCEDO, EASTERN SAMAR. The Public Hearing was conducted by the Office of the Sangguniang Bayan spearheaded by the SB Committee on Ordinances and Legal Matters, and the SB Committee on Sports Development. ‘twas attended by the Punong Barangays of the 41 barangays of the municipality; representatives of the LGU Department Offices; the applicants for gallera franchise and the “paragbulang” people; and other interested public. ‘The public hearing was formally opened at 9:00 o’elock in the morning with an opening prayer lead by Hon, Rosario A. Palconite, followed by the singing of the national Anthem lead by Hon. Victoria L. Pelicano. The SB Secretary acted as the master of the ceremony and at the same time the facilitator during the open forum, After the introductory message of the Municipal Vice Mayor, it was immediately followed by the presentation and discussion of Municipal Ordinance No. 18-03 entitled “AN ORDINANCE REGULATING THE OPERATION OF COCKFIGHTING AND IMPOSING FEES AND CHARGES THEREOF AND FOR OTHER PURPOSES. At the onset the body agreed to discuss the provisions of the said ordinance per Section and questions will not be entertained unless the presentation/discussion is done in order not to disrupt the flow of the discussion. Hon. Victoria Pelicano lead the presentation of the ordinance on cockfighting and the following questions were raised during the open forum, to wit: Q. As provided by law, there is only gallera that will be established per municipality, unless its population will exceed 100,000. As of today I believe there are already two applicants for gallera franchise. Who will be given priority in granting franchise? ‘A, According to the SB Secretary based on records in the office there is only applicant who signified their intention to apply for franchise but there documents are still lacking. In the event there will be two applicants, the Office of the Sangguniang Bayan will vividly scrutinize their documents and those with complete requirements will be given priority. Q. Who will pay for the registration of the cockpit personnel? ‘A. It depends upon the mutual agreement of the concemed cockpit personnel and the management of the cockpit arena. Usually it is the holder of the franchise that pays the annual registration of cockpit personnel because it is a requirement in the issuance of their license, Q. What is the age limit of children allowed to enter the cockpit arena? ‘A. It must be 18 years old up. Minors will not be allowed to enter the cockpit arena. Q._ From the Municipal Treasurer’s Office point of view the Php. 20.00 fee for per sultada is not appropriate, hence, we suggests that it be increased to Php. $0.00 (NOTE: Considering that there were some objections for the increase, the Chair divided the house. Fortunately, the Php. 50.00 per sultada fee won in the voting). : : A. The Php. 50.00 suggestion will prevail since itis the voice of the majority. Q. Can an individual or group conduct or apply for a special cockfight for purposes of helping the finances of the family of a dead person (pabulang para pagbulig het familia het may patay). A. May we invite your attention to Section 8 (b) for the answer of your question, if it is within the provision for the grant of special cockfight, so be it. Having no more questions on the proposed ordinance on cockfighting, presentation and discussion on the proposed ordinance on “bote-bote” followed. Hon. Romualdo G. Estor spearheaded the discussion of the proposed ORDINANCE PROHIBITING THE SELLING/RETAILING OF LIQUEFIED FUEL IN “BOTE-BOTE” OR SUCH OTHER SIMILAR CONTAINERS IN THE MUNICIPALITY OF SALCEDO, EASTERN SAMAR”. It was discussed per section. As previously agreed open forum will follow after the presentation. The following questions were raised during the open forum. Q. Who are only allowed to sell gasoline and other liquefied fuel? ‘A. Only the gasoline stations because these are authorized by law to market liquefied fuels because they are compliant with the requirements of DOE and BFP. Q. What about those interior barangays which is very from the gasoline station? And the gasoline station is only open until 7pm, how can a poor man buy fuel if the small retailers will not be allowed to sell? A. (Note: The BFP representative answered) There is a national law prohibiting the selling of liquefied fuels in “bote-bote”. For emergency purposes only and for home consumption purposes, you can stock for a maximum of I gallon only to be stocked in a secured place and should be placed in a safe container. Q. Ibelieve there must be a definition for “Storage” in the ordinance to give clear idea on issue of stocking fuels at home. A. The ordinance is only focused on the prohibition on selling/retailing of liquefied fuels in bote-bote. Storage for home consumption is not within the scope of the ordinance. Q. Ifthe LGU and the PNP will fully implement the law, where will the confiscated fuels go? ‘A. As stated in Section 11 of the ordinance, the confiscated fuels will be stored in a designated place identified by the LGU, and the fuel can be used by government vehicles in the performance of their functions as approved by the Municipal Mayor. Having no more questions raised, the facilitator (SB Secretary) informed the participants that the suggestions/recommendations/questions raised will be studied thoroughly by the members of the Council so that it can be inserted in the draf, if necessary. ‘The closing and final message was rendered by Hon. Rosario A. Palconite, the Chairman of the SB Committee on Ordinances and Legal Matters. Public Hearing formally ended at exactly 12:30 in the afternoon with a closing prayer lead by Hon. Charles Cabus. Prepared BIBIAWA A. TORRES SBS. PUBLIC HEARING “AN ORDINANCE PROHIBITING THE SELLING/RETAILING OF LIQUEFIED FUEL IN "BOTE BOTE OR SUCH OTHER SIMILAR CONTAINERS IN THE MUNICIPALITY OF SALCEDO, EASTERN SAMAR" "AN ORDINANCE REGULATING THE OPERATION OF COCKFIGHTING AND IMPOSING FEE AND (CHARGES THEREOF AND FOR OTHER PURPOSES" May 23, 2018 ‘Municipal Social Hall ATTENDANCE NAME DESIGNATION SIGNATURE __ | 1_| temaro 6 cxBisonea re. 2 - B- FO 3 FST yb 4 a i B. Dhan ip 5 Bipca Bh Renovo 2B.

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