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Know your Rights 3: Arrests

September 1, 2016 Leave a comment

source : ABS-CBN http://news.abs-cbn.com/focus/08/28/16/know-your-rights-3-arrests

Know your Rights 3: Arrests

 

Kapag ikaw ay inaresto, tandaan, kumalma lang.
* Kumalma lang. Ang pagka-aresto ay hindi katapusan ng mundo. Tumutok sa bawat pangyayaring nagaganap upang mabawasan ang pangamba, at huwag mag-alala sa mga kung ano ang susunod na mangyayari.
* Humiling sa isang kamag-anak, kaibigan, o taong di kilala (kunin ang pangalan at address) na maging witness sa paghuli sa iyo. Kung may cell phone, mag-text sa iyong pamilya, mga kaibigan, at abogado, para malaman nilang ikaw ay inaaresto. Tawagan sila at hayaan buhay ang linya ng telepono upang madinig nila ang nangyaryari.
* Kunin ang pangalan, opisyal na position, opisina at unit, ng mga tao na umaaresto sa iyo.
* Hingin ang kopya ng kanilang warrant of arrest para sa iyo at suriin itong mabuti. Alamin kung tumpak ang pangngalan mo na nakasulat sa warrant at kung ano ang paglabag sa batas na dahilan ng pag-aresto sa iyo.
* Kung may mali o depekto ang warrant, ipahayag ang iyong pagtutol pero huwag pumalag o gumamit ng dahas.
* Kung ikaw ay ligal na inaaresto, maaring kang kapkapan para sa posiblen deadly weapons or anuman bagay na dala mo na maaring gamiting katibayan para sa krimen na dahilan kung bakit ka inaaresto.

 

* Alamin sa iyong arresting officer kung saan ka dadalhin. Pilitin na dapat ay may kasama kang kamag-anak, kaibigan o di-kilalang tao na naka-witness ng iyong pag-aresto. Sabihin sa arresting officer na ito ay para na rin sa proteksyon ninyong dalawa.
* Hilingin na payagan kang tumawag sa iyong abogado; kapag tumanggi, sabihan ang iyong kamag-anak, kaibigan, o ibang witness sa iyong pagka-aretso na sila ang tumwag sa iyong abogado. Ipaalam sa iyong abogado ang mga pangyayari, ang pangaan ng iyong arresting officers, ang dahilan ng iyong pagka-aresto, at kung saan ka dadalhin ng arresting team.
* Sa lahat ng pagkakataon, huwag tutulan ng pisikal ang pag-aresto sa iyo. Ipahayag na ikaw ay tutol sa iyong pagka-aresto wala kang waiver o pagtalikod na gagawin sa lahat ng karapatan mo, at sasama ka nang mahihahon sa arresting team para iwasan ang karahasan.
* Kung ang humuhuli sa iyo ay naasuot sibilyan o hindi unipormado, or tumatangging ibigay ang kanilang pangalan, o walang maipakita na warrant of arrest, huwag sumama sa kanila. Hilingin na tuMawag ka ng pulis upang maklaro ang kanilang otoridad. Ayon sa batas, ang mga arresting officer ay dapat naka-uniporme, maayos kumilos, at may paggalang sa mga karapatan at dignidad ng kanilang aarestuhin. Kung ang arresting officer ay lumalabag sa mga ito, huwag mag-cooperate sa kanila pero huwag ding gumamit ng dahas. Hayaang bitbitin ka nila, magsisigaw at humingi ng tulong, mag-eksena upang tumawag pansin ng mga kapitbahay at mga nagdaraan. Tandaan ang lahat ng paglabag sa iyong mga karapatan at sa unang pagkakataon na makaharap sa judge o piskal/public prosecutor, mag-report at ikwento ang mga naganap.

 

 

* Kung ikaw ay sinabihan ng mga police officer hindi ka hinuhuli pero iniimbita lang for “questioning”, sagutin na kailangan mo munang kumonsulta sa iyong abogado. Gawin ito at sabihan ang iyong abogado na kausapin ang mga officer at itakda ang oras, petsa, at lugar kung saan pwedeng maganap ang questioning. Kung hindi ka payagan na kumonsulta sa iyong abogado, huwag sumama sa mgaofficer. Kapag pinilit ka nila, ang magaganap ay isang pag-aresto na rin.

 

 

* Ang pangkalahatang probisyon ng batas ay pwede ka lang ma-aresto kung mayroong valid na warrant of arrest na galing sa isang competent court. Gayunman, may tatlong exception sa probisyong ito ng batas:
– Kung ikaw ay may ginawa, o ginagawa, o nagbabalak gumawa ng krimen, sa harap mismo ng arresting officer;
– Kung may krimen or pAglabag sa batas naganap pa lang at ang arresting officer ay may dahilan, batay sa personal na kaalaman sa mga facts at circumstances ng nangyari, na may probable cause na ikaw ang maysala;

– Kung ikaw ay tumakas mula sa kulungan o habang inililipat mula sa kulungan.

 

 

Ulitin natin: Maging mahinahon.
Mag-concentrate sa mga nangayayari. Huwag mangamba ng lubos sa mga kung ano ang susunod na mangyayari. Maaring ang iyong kinatatakutan ay kathang-isip lang. Huwag mag-alala kung malimutan mo ang lahat ng mga payong ito. Hindi lahat ay pwedeng maganap ng perpekto. Maipagtatanggol mo ang iyong mga karapatan kung ikaw ay kalmado at malinaw ang kaisipan.

 

 

If you are being arrested, remember:

* Stay calm. Being arrested is not the end of the world. Some apprehension is unavoidable but you can reduce this by concentrating on each event as it happens, and not letting your imagination run wild about what will happen next.
* Ask a relative or friend or even a stranger (get the name and address) to witness your arrest. If you own a cell phone, send a text message to your family, friends, and lawyer informing them that you are being arrested. You may also call your family, friends, and lawyer so they may listen in on your arrest.
* Ask the person or persons arresting you for their names, their official positions, and the office or unit they belong to.
* Ask for a copy of their authority to arrest you and examine it carefully. Note particularly if you are correctly named in the warrant of arrest, and the offense for which you are being arrested.
* If there is any defect in the warrant, register your objection to being arrested but do not resist or use force.
* If you are lawfully arrested, you may be searched for dangerous weapons or anything, which may be used as proof that you committed the crime for which you are being arrested.

* Inquire from your arresting officer where you will be taken. Ask that you be accompanied by the relative, friend or stranger who witnessed your arrest. Assure the arresting officers that this is for their protection as well as yours.
* Ask to be allowed to telephone your lawyers; if denied, ask your relative, friend or other witness to your arrest, to do so. Inform your lawyer of your arrest, the identity of the arresting officers, the cause of your arrest, and where you will be taken.
* Do not, at any time, offer any physical resistance to the arrest. State that you object to your arrest and are not waiving any of your rights, but are going peacefully in order to avoid violence.
* If the persons making the arrest are in civilian clothes, or refuse to give their names or show any warrant of arrest, refuse to go with them. Ask them to let you call for a policeman to verify their authority. Do not agree to being blindfolded. The law requires arresting officers to be properly dressed, to behave properly, and to respect your rights and your dignity. If the arresting officers violate these requirements, do not cooperate, but do not use violence either. Make them carry you out, shout for help, create a scene so that your neighbors and other passersby may notice what is happening. Remember all violations of your rights and complain about them at the first opportunity after your arrest, when you are presented to a judge or fiscal/public prosecutor.
* If you are told that you are not being arrested but merely invited for questioning, reply that you will consult your lawyer first. Do so, then get your lawyer to talk to the officers and arrange a date, time, and place for your questioning. If they do not allow you to consult your lawyer, refuse to go with them. If they insist, their acts become an arrest and the preceding advice applies.
* The general rule is that you can only be arrested upon proper warrant of arrest issued by a competent court. However, there are three exceptions to this rule:

– When you have committed, are actually committing, or attempting to commit a crime in the presence of the arresting officer;
– When an offense has just been committed and the arresting officer has probable cause to believe based on personal knowledge of facts and circumstances that you committed the offense;
– When you have escaped from prison or detention or while being transferred from one confinement to another.
REPEAT: REMAIN CALM.
Concentrate on what is happening now. Do not imagine what will happen next. Many of your fears are self-created. Above all, do not worry if you forgot to do any of the things listed above. They are counsels of perfection, not always attainable. As long as you remain calm and collected, you will be able to protect your rights.

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Know Your Rights 4: ‘Salvaging’

September 1, 2016 Leave a comment

source : ABS-CBN http://news.abs-cbn.com/focus/08/29/16/know-your-rights-4-salvaging

Know Your Rights 4: ‘Salvaging’

Philippine Center for Investigative Journalism and Free Legal Assistance Group

Kung ang paniwala mo ay huhulihin ka o isa-salvage, gawin ang mga sumusunod na hakbang pag-iingat.
* Huwag lumabas ng bahay na nag-iisa. Ang mga kaso ng disappearance at salvaging o extrajudicial killing ay dumarami kapag walang witness na pwedeng tumestigo ukol sa paghuli sa mga biktima.
* Iwasan ang mga kugar kung saan walang nakakakilala sa iyo.
* Huwag manatiling nag-iisa sa bahay o saan mang lugar.
* Sabihan ang iyong pamilya at mga kaibigan na may posibilidad na ikaw ay ma-aresto at kung ano ang dapat nilang gawin sakaling mangyari ito. Sabihan sila kung sino ang dapat hingan ng tulong, paano sila ma-kontak, at kung saan-saan ka dapat hanapin.

 

 

* Bago lumabas ng bahay, sabihan ang iyong pamilya ang mga kaibigan kung saan ka pupunta, kanino ka makikipagkita, gaano katagal kang mawawala, at kung ano ang dapat nilang gawin sakaling hindi ka makabalik sa oras, o hindi makarating sa iyong destinasyon o appointment. Kung may cell phone ka, mag-text sa mga kaibigan at pamilya para malaman nilang nakarating ka na sa iyong detsinasyon at allis muli sa susnod na apppintment.
* Kapag lumalabas ng bahay, palagiang magdala ng sapat nd identification cards, at iwasang magbiibit ng anumang delikadong bagay na maaring ituring na incriminating.
* Sakaling ikaw ay arestuhin, tiyakin na alam ng mga tao sa paligid na ikaw ay inaaresto at kung sino-sino ang umaaresto sa iyo. Kung kakailangan, sumigaw o gumawa ng eksena upang maakit angpansin ng mga tao sa paligid na ikaw ay inaaresto. Kung may cellphone ka, tumawag o mag-text sa iyong pamilya, mga kaibigan, at abogado upang malaman nila na ikaw ay inaaresto.

 

* Ang nga kaso ng disappearance o salvaging ay maaring mabawasan kung masasamahan o masusundan ka ng iyong pamilya, mga kaibigan, at mga tao sa paligid matapos na ikaw ay maaresto. Sa ganitong paraan, malalaman ng mga pulis na marami ang may alam na ikaw ay nahuli at mahalaga sa kanila ang iyong kaligtasan. Agad-agad, sabihan ang iyong abogado o isang respetadong miyembro sa lokalidad (pari, guro, doktor, civic leader) kung ano ang nagyari, at hilingin na mabilisang dumalaw sila sa iyo.

* Habang nakakulong na, dapat na bisitahin ka agad-agad ng iyong pamilya at mga kaibigan at padalhan ng mga gamit (pagkain, babasahin, gamot, damit, atbp) sa mga araw na bawal silang bumisita, Huwag pumayag na mailabas ka ng detention center nang walang kasamang abogado o miyembro ng pamilya mo.

 

 

* Kahit na may matibay kang impormasyon na huhulihin o isa-salvage ka na, hindi dapat magtago. Mas mainam na papuntahin ang iyong abugado o iba pang responsableng kinatawan upang magtanong kung meron ngang warrant of arrest para sa iyo, at upang humiling ng appointment na maiharap ka ng personal sa mga otoridad, nang may sapat na garantiya sa iyong kaligtasan.
Samantala, ihanda ang sarili — aralin nang lubos ang iyong mga karapatan, alamin kung ano ang dapat mong gawin sakaling ikaw ay mahuli, at siguruhing ikaw ay ligtas at protektado ang iyong mga karapatan.
If you believe that you will be arrested or salvaged, take the following precautions.

* Do not go out alone. The risk of enforced disappearance and extrajudicial execution or “salvaging” increases if no one witnesses or is willing to testify to the arrest of the person who disappeared or was salvaged.

* Avoid going to places where no one knows you.

* Do not stay at home or elsewhere alone.

* Tell your family or friends of the possibility of your being arrested, and what to do in case you are arrested. Tell them specifically who to run to for help, how to get in touch with them, and where to search for you.

* Before going out, tell your family or friends where you are going, whom you will see, why, how long you expect to be out, and what to do if you fail to return on time, or fail to reach your destination or keep your appointment. If you own a cell phone, send a text message to your friends or family informing them that you have reached your destination and are proceeding to your next appointment.

* When you go out, always carry adequate identification, and avoid carrying anything that could be construed as incriminating.

* In case you are being arrested, see to it that people know that you are being arrested and by whom. If necessary, shout or make a scene to attract attention to your arrest. If you own a cell phone, call or send a text message to your family, friends, and lawyers to inform them that you are being arrested.

* Disappearances and salvaging can be prevented or minimized if your family, friends or even bystanders will accompany or follow you and your arresting officers to learn where you are being taken and to show concern over your safety. As soon as possible, they should notify a lawyer or respected member of the community (a priest, teacher, doctor, or civic leader) who, in turn, should try to visit you immediately.

* During detention, your family and friends should visit you as often as possible, and send things to you (food, magazine, medicines, clothes, etc.) on days they cannot or are not allowed to visit. Never agree to be taken out of jail or the detention center by anyone unless accompanied by your lawyer or a member of your family.

* Even if you have reliable information that there is a plan to arrest or salvage you, it is not advisable to go into hiding. Instead, request your lawyer or other responsible person to inquire if there is a warrant for your arrest, and if there is, to arrange for you to present yourself to the proper authorities under adequate guarantee for your safety. Meanwhile, prepare yourself by reviewing your rights and deciding what you will do if you are arrested, to protect your safety and enforce your rights.

Know your rights: What every Pinoy should know

September 1, 2016 Leave a comment

source : ABS-CBN  http://news.abs-cbn.com/news/07/19/16/know-your-rights-what-every-pinoy-should-know

Know your rights: What every Pinoy should know

MANILA – A lawyers’ group is reminding the public to be knowledgeable of their rights amid the spate of extrajudicial killings and allegedly questionable police operations that resulted in deaths of drug suspects.
The Free Legal Assistance Group (FLAG) said Filipinos should keep in mind the following basic rights:

  • The right to life;
  • The right not to be tortured nor subjected to cruel, inhuman or degrading treatment or punishment;
  • The right not to be subjected to forced labor;
  • The right not to be imprisoned for non-payment of debt;
  • The right not to be punished for an act which was not yet a crime at the time of its commission;
  • The right to be recognized and treated as a person; and
  • The right to freedom of thought, conscience, and religion.

”These rights are absolute. Under no condition can their fulfillment or enjoyment be suspended. This is true even when martial law or any other state of emergency has been declared. These are non-derogable rights under the International Covenant on Civil and Political Rights to which the Philippines is a signatory,” FLAG said.
FLAG also listed down inalienable and inviolable rights:

The right not to have your house searched without a search warrant issued by a judge, and not to have anything seized which is not specified in the search warrant. However, if you are legally arrested, your person and immediate surroundings may be searched for dangerous weapons, and any evidence found on your person or immediate vicinity (only on your person and immediate vicinity) which may have been used to commit the crime for which you are being arrested may be seized.

The right to liberty and security of person. You can be deprived of liberty only on grounds and procedures established by the Constitution and existing law.

The right not to be arrested except on evidence that a crime has been committed and that you probably committed it. You may be arrested only on the strength of a warrant of arrest issued by a judge, except:
– When you have committed, are actually committing, or are attempting to commit an offense in the presence of the arresting officer;
– When an offense has been committed and the arresting office has probable cause to believe, based on personal knowledge of the facts and circumstance, that you committed the offense;
-When you have escaped from prison or detention or while being transferred from one confinement to another.

FLAG also reminded the public that the legality of one’s arrest must be determined in an inquest proceeding conducted by a civilian prosecutor.

The prosecutor, in a summary proceeding, can order, affirm the legality of one’s arrest and prepare the corresponding complaint or information with the trial court.

”Often the inquest prosecutor will ask the person arrested if s/he desires a preliminary investigation, in which case s/he will be asked to sign a waiver,” FLAG said.

”Do not sign the waiver without being fully informed of the nature and consequences of signing it. Signing the waiver may — and often does — mean that you are going to remain in detention, pending preliminary investigation. It may also mean that you are waiving your right to file cases against those who arrested you.”

FLAG said an arrested individual must take note of the following rights:

  • To be informed of your right to remain silent and other constitutional rights);
  • To have competent and independent counsel preferably of your own choice; and)
  • To be provided with counsel if you cannot afford one.
  • In all criminal prosecutions, FLAG said a defendant has the following rights:
  • Not to be compelled to testify against yourself;
  • To remain silent and to counsel;
  • To be informed of the nature and cause of the accusations against you;
  • To have a speedy, public, and impartial trial;
  • To appeal any conviction;
  • To be presumed innocent until the contrary is proved;
  • To be present and heard by yourself and counsel;
  • To avail yourself of court processes to secure the compulsory attendance of witnesses and the presentation of evidence in your defense;
  • To meet the witnesses face-to-face and to cross-examine them;
  • The right to a preliminary investigation;
  • The right against double jeopardy;
  • Before conviction, the right to bail except for capital offenses when evidence of guilt is strong);
  • The right to be treated with humanity and with respect for your personal dignity;
  • The right to liberty of abode and the right to travel.

FLAG chairman Jose Manuel Diokno earlier called out the administration of President Rodrigo

Duterte for the rising number of suspected drug criminals being killed either in police operations or by alleged vigilantes.

3 dumb questions BPI Customer Service Call Center Agents ask

June 24, 2016 Leave a comment

i called BPI Customer Service 89-100 today to ask them to reverse an annual membership fee charge on my credit card. i have had my BPI Credit Card for many years, decades and they have not charged me this fee. also, all other competitive credit cards from other banks no longer charge annual membership fees.

the call center agent told me she will check if their system is back online already.

and that is another issue with BPI – their computer / internet system seem to be offline often and this has been happening for many years. there have been times when you try to transact something at their physical branches and you can encounter their systems to be offline and you can’t transact anything with the bank that you are asked to return. if it happens at the physical bank, then it also happens on their telephone service which was what i encountered today.

i don’t understand why BPI, the country’s second largest bank have not fixed this problem of their computer / internet system being off-line from time to time. i would think being the second largest bank in the country gives them enough smarts and resources to fix this.

not only that, BPI is an Ayala – owned company, the Ayalas also own Globe Telecoms, the country’s second largest cellphone and internet service provider. for sure they are using Globe Telecoms. why wouldn’t Globe make sure BPI has internet service on a 24/7 basis?

unless of course these Ayala companies, BPI and Globe are both incompetent.

and true enough after a few seconds, the call center agent tells me their system is offline. she asked me why i called and i told her about the annual membership fee charge.

these were the 3 stupid things the BPI call center agent said:

  1. she asked me to call back 89-100 since their system is down – i objected to this and told her the problem is with their company, their system is down that is why she was  unable to help me with my problems, i asked why was she inconveniencing their customer by asking me to call back when the problem is with them?  i also told her it is not easy to call 89-100. lines tend to be busy and how will i know when the system will be back online for me to call at the right time? she agreed with me it was not right for her to ask me to call back. so she said she will be the one to call me. and that is when she said the 2nd stupid thing.
  2. she asked me what was the most convenient time for her to call me – this got me really ticked. so i asked her the question – if i told you the most convenient time for me for  you to call me, will you be able to call me at the time i identify? it was 11:30 am at the time of our conversation so as a theory, i asked her –  if i told you 2:00 pm is convenient, can you guarantee to me all has been fixed by then and will you call me at 2 pm? she answered – no sir, i can’t promise to call you at that time. i asked her why are you not sure if you can make that call? she answered – because sir i do not know what time the system will be back on line. i told her, do you now realize you asked me a stupid question? her reply – yes, sir. and from there, it led her to ask a 3rd stupid question.
  3. she asked : will you accept my call after i fix the matter, sir?  that almost made me drop the telephone. i asked her:  miss – why will i not accept your call when you call me? i called you to fix something for me, i gave you my cell number and agreed for you to call me when it’s done, why will i not accept your call?  miss, that’s another stupid thing to say. her reply – sorry, sir. i will just call you after we’re back on-line.

i just couldn’t stand it so i gave her advise  and told her to stop solely relying on the script they were asked to deliver and start thinking first before saying anything. i told her understand what’s happening in the conversation and respond to it accordingly, don’t just parrot what’s on the script.

that was not the first time i have encountered such conversations with BPI customer service call center personnel and that is why i am sure it was part of the script they are being asked to deliver to their customers.

it is probably the fault of the heads of the call center company that BPI uses and BPI itself for coming up with such an inane script for their customer service personnel to deliver.

there are several problems here that the call center company and BPI have created:

  1. they have asked their customer service call center agents NOT TO THINK, not to use their brains in talking to customers
  2. instead of asking them to think and process things on their own, they have asked their call center agents to deliver by rote, like robots a fixed script to customers. this is the rule : do not think, just deliver the script
  3. lastly, whoever developed the script these call center agents are delivering is an idiot. he/she developed a script that does not correctly predict what happens during calls and these are really  lines that make their call center agents sound stupid.

on the bright side, what this means is that the call center agent who attended to me (Mylie Mendoza ID #183xxx) strictly follows the script she was asked to deliver. the only problem is that she did not process the situation at all. but then, i think the rule given to her by her superiors at the call center was for her not to think, just deliver the prepared script.

and this is from the second largest bank in the country!

poster for missing persons Alan Peter & Pia Cayetano and Koko Pimentel : Post #7 The NAWA Awards

May 4, 2016 Leave a comment

IMG_4022

Senator Pia Cayetano is a champion for women and women’s rights and the RH Law. her brother Senator Alan Peter Cayetano and Senator Kojo Pimentel are  champions against corruption. All three from what we can tell are very principled senators.

Pia would always speak out against things that are not right and will take on anyone, even the UAAP when she took the fight for student players unjustly prevented from going to the school of their choice and playing for the school because of residency requirements. She was the most visible champion for the RH Law.

Alan Peter and Pimentel were in the middle and yes leading the senate hearings during the corruption and plunder allegations against VP Jejomar Binay.

for some reason and maybe its the duct tapes on their mouths and perhaps they are victims of kidnapping. the three have been absent on  things that Rody Duterte had said and done during this campaign period that were directly and unabashedly against their stated principles and beliefs.

Pia has been uncharacteristically silent on women’s issues and there have been many, Duterte has said “women are spare cars”; he has been shown in pictures groping and kissing women in the campaign trail and the worst of them all – when Duterte who was in front of a corpse of girl who has been gang raped said he found the girl pretty and he as Mayor should have been first to rape her. Pia must have stuffed several rolls of duct tape into her mouth.

Alan Peter and Pimentel were the loud and unflinching champions on anti- corruption during the senate hearings on the plunder allegations against Jejomar Binay and the rest of the Binay family. they were the strong voices during those hearings and even stronger outside the senate  during media interviews. we admired them for that. but  for some reason, and we blame this on the duct tape just like in the case of Pia, they have been silent on the allegations made by Senator Trillanes on Rody Duterte’s bank accounts which Trillanes claims contain/contained P211M and P2.4B.

why have they been silent? why have they surrendered their principles to the duct tape? oh yes, they support Rudy Duterte’s candidacy. yes, it is that easy to surrender beliefs and principles for them. and Alan Peter is the VP running mate of Duterte.

 

 

 

 

 

Saint Noynoy Aquino in a picture : Post #6 The NAWA Awards

April 24, 2016 Leave a comment

IMG_3971

we don’t know if the photographer intended this picture to be that or if the photographer realized this picture is that but this one looks like the portrait of Saint Noynoy Aquino.

never mind that it is highly unlikely that a saint will have the name Noynoy and even a bigger never mind that Noynoy is not a saint.

but the picture seem to say it – look at the heavenly glow around the head  of Noynoy Aquino!

i think this is how it will look like if you took a picture of a saint with a halo on the head. of course we all know that halos are just drawn around the head of saints.

when i saw this pic, i felt like saying a prayer…..

 

 

the tongue twister that goes to your brain – #5 Post The NAWA Awards

April 24, 2016 Leave a comment

IMG_3970

 

there is a little bit of challenge to read the word, well 2 words, but when you’re able to say it well enough, the thing works. this is a kind of ad where you know what it means when you see it before you’re actually able to say it.

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