Legal Support for the Child and R.A. 9262

Through all the family cases that we’ve handled, we’ve come to accept, without discounting the contrary, the sad fact that bad blood exists between the opposing parties (e.g., estranged spouses in annulment/separation/property cases, siblings and relatives in estate proceedings). In particular, with respect to custody-support cases over children, it’s easily understandable that custody is one of the more contested issues. However, the issue on child support should not be as complicated.

Well, it shouldn’t be as complicated, but reality makes it so.

Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other, thus: (1) The spouses; (2) Legitimate ascendants and descendants; (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; (5) Legitimate brothers and sisters, whether of full or half-blood; and (6) Brothers and sisters not legitimately related, whether of the full or half-blood, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence.

On the other hand, the amount of support should be in proportion to the resources or means of the giver and the necessities of the recipient, pursuant to Articles 194, 201 and 202 of the Family Code:

Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work.

Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.

If you’re a parent, it is safe to assume that you would want the best for your child and you wouldn’t hesitate to provide adequate support. However, it’s unfortunate that when it comes to support for the common children (whether legitimate or illegitimate), so many fathers still fail (or worse, simply refuse) to provide adequate support. Whatever the reason is, and regardless of whether or not these reasons are correct, the problem became pervasive, so much so that Congress saw it fit to “criminalize” (only against fathers) the withholding of support in certain instances. Not everyone knows that this is covered under Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and their Children Act of 2004“.

Not everyone also knows that R.A. 9262 provides for criminal sactions or penalties for failure to provide support or withholding custody, in certain cases. Well, now you know.

29 Comments Added

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  1. Pingback: Philippine e-Legal Forum » Blog Archive » Steps and Procedure in Annulment and Declaration of Nullity of Marriage

  2. shasta February 6, 2007 |

    A blessed evening. I am married to a military officer who resigned from the AFP and now working as a permanent employee of the United Nations.

    We separated in 2002,our daughter was then 11 months and the AFP placed my daughter in an allotment scheme.For two years, we received child support from him until his resignation sometime in January 2005.

    I sought assistance from his military officers who summoned my husband to come back and provide a concrete plan of action.
    He promised to give us his resignation benefits but after he was officially resigned from the service, he backed out from our agreement.
    As I write this letter, the AFP headquarters cannot release the 50% resignation claims to us.

    He also witheld from me his whereabouts and his capacity to financially support our daughter, now 5 years old.

    A colleague of his took pity on our plight and gave the information, he now holds a permanent post as a UN employee based in Sudan. He said the rest is up to me.

    My questions would be:
    -can I write the UN about my husband’s non-support?
    - would this case merit their attention?

    I am in such financial difficulty right now and I am hoping that your answer can somehow spring some hope in me.

    My deepest gratitude,

  3. Atty. Fred February 7, 2007 |

    Shasta, I’m sorry to hear about your situation. I really don’t know the official stand of the U.N. when it comes to this matter, so I can’t tell if writing them will merit their attention. Worst case, they will sack him, but that would not be necessarily better for everyone because he would be out of work and may not be in a position to provide any financial assistance. I suggest you approach the legal aid institutions like PAO or IBP. You could also try law shool-based legal aid, like U.P., Arrellano, etc.

    Good luck.

  4. cristy71 March 31, 2007 |

    Hi.. I am a wife of a police major who was abandoned two years ago..He just left w/o any reason.. Until i found out that he was with a woman who was detained in his aor for qualkified theft.. He refused to support us at that time, and refused to talk to me.. In other words , he left us like a trash..I filed a case for non support and abandonment.. We talked and i gave way.. Held the case in abeyance.. For one year he did not comply with the agreement of giving us 10,500 , what i get is only 5,000.. after a year i talked to him but still does not want to add the support saying that he is supporting his sister to school..Is this right? Until lately, i saw a womans name tattoed on his ring finger but i did not react… What shall i do?
    please help me

  5. sinkiang May 8, 2007 |


    I am a mother of a 3 yerar old girl. I broke up with her father while a was still 7 m0nths old pregnant with her. More than a year after I gave birth to my child, I initiated communication with the father for financial support. The father is a medical representative who now has his own family, and most probably earning around 15K a month. Now, he gives me 1,000 pesos monthly as monthly support (if we can call it support)and most of the time, he gives it late and often requests to give it in the next month. The amount is obviously not enough especially that my kid is about to go to school and I am not yet regular with my job as as admin assistant. My questions are:

    1. How can I get monthly support that is more than this amount, which would be enough for the expenses for our kid?

    2. Do we have laws wherein the financial support would be automatically deducted from his Monthly salary? This is to make sure the child gets it every month, without me having to meet the father every now and then.

    3. Can I seek for his financial support without having to go to a lawyer? I am avoiding conflict with him that might affect our relationship with the kid in the future. How bout a DEMAND LetTer? What is it and what legal claims should I put in there?

    4. If I am going to file a case, what is the estimate expenses for all the fees I need to pay? What case should I file?


  6. b2gs January 10, 2008 |

    HI, good day to you sir, I’m Arnold a father of 2 kids. Me and the mother of the kids are to part ways and they are demanding 90 percent of my salary. Me and the mother are not married we had lived in for 7 years now that we’re about to part ways, is it legal that they demand so much for support and what should be the computation of my support for the kids. I have to live too. And in the event of our separation what should I do to prevent her from harassing me at work.Thanx and more power to you.

  7. mrj4lyf January 12, 2008 |

    Hi. I need help asap. Criminal case against RA 9262 has been filed against my brother for reasons as stated: a) psychological violence (due to marital infidelity), b) insufficient support.

    But would it be just to do so if, under section 7 (e,i), the wife and her family, and with threats of killing my brother, actually deprived him to have access to his children/family? As mentioned, i need help asap as their case will be heard this tuesday, January 15, 2008.

    Kindly email me at:

    Thank you.

  8. jebol February 26, 2008 |

    I left my wife and now 2 year old son in Qatar for over a year and was transferred here in the U.A.E. reason for leaving them is that I can’t bear my wife’s attitude (always argues and fights almost everyday) towards me and at the same time found better opportunity here in the U.A.E. Since I left them, I didn’t send any financial support. I told her many times to sell my car (which she took from me) back there so she’ll have money to spend since she only wants to raise funds so she can buy VISA for my sons nanny. Now she threatens to sue me for not giving her financial support. Is there any way I could be held liable (in case she sues me) since we both live outside our home country (Philippines)???

  9. princess fiona April 23, 2008 |

    were annulled and i have 2 kids. 9 & 11 years old, boy & a girl. there was no financial support stated at the annulment decision because that time he was unemployed but now he manage his own business.he only give things he wants which are not necessary and pays for the tuition and im providing for the rest. my kids and I were living in my parents house and my parents are helping me in taking care of the kids.We asked him to give any amount but he said that its my responsibility as the mom to take care of the children and to give the daily needs because he was already paying for the tuition fee. when he gets mad with the kids he keeps on telling them not to ask anything to him which really hurts my kids feeling. my kids are smart and are aware about their rights and wants to file a case against their dad. Now i want to know if we will file a case, are we gonna win the battle?I just want to help my children.what should i do?please help

  10. prettybambi October 3, 2008 |

    This is regarding the irregular financial support from the father of my child.We were not married but he acknowledged my child.He signed in the acknowledgement for paternity.We’re both seafarers on the same Company & agency.last year he stopped sending money for 3 months til I made a complain to OWWA.We had an agreement that he will send $300 monthly & he was complying to his responsibility for 8 months only but now he stopped sending money again since last August 2008.what is my assurance that he will continue again sending support to my child.I’m here now in the have a medical treatment & have no income except the allowance that im receiving from my Company.He’s now on vacation since august 2008 but he didnt even call us.I am demanding a regular support for my childs immediate needs that I cant work abroad yet because Im still under medications.I’m afraid that he might not comply again to send his support to his 2 & a half old child esp.that he is leaving soon this October 2008 for overseas employment.What are the possible things I should do?Hoping that you could help me with this problem.What should I do?Thanks so much & More power!

  11. lonelymother March 9, 2009 |

    Good day Atty. Fred.
    i am asking for ur help regarding my husband who is new york right now. things didnt go well since his been there living for almost 5 years straight. we talked sometimes before but now there’s no way of talking to him unless i called in his office where he works. my problem is about his monthly support to our kids. we have 2 kids. my eldest is 10 and the youngest is 8 yo. they are both studying in a well known school here. i just graduated last year and i dont have any work as of now. his only giving $500 monthly for the kids . always late and never on time. he has been promoted to his current job since last year and later find out that his been living with gf there. my question is .. how can i apply for child support here since his in USA. I think that my kids deserve more. i dont want to experience begging and asking him every month for the allowance. is $500 too much for the 2 kids? actually, i dont want our situation to be like this but he pushes me to become one.. he ignores my calls..ignores my kids need/.. he didnt even call them! i am asking for any help you can give me.. all i want is to give him a lesson.. that his children should be his priority. please..please.. if you can refer me to any legal counselor who has access in the US immigration if thats where i am supposed to file my case..i am really grateful..
    my kids will sure have a brighter future towards them.

  12. Mrs.Angelica March 24, 2009 |

    hi.. Atty Fred, weve been married for 6years now..and we both have a work now.2 years of that he has no work and im the one support all the needs of our family including my pregnancy deliveries for my 2 kids and im Ceasarian Section.The catch here we live in the same roof with he’s mother and my mother in law also has a work and the thing is all the expenses we live in a apartment is shared only by me and hes mother.He never give me any single penny coz he said he’s salary is minimum wage only. Our work is in sales so every month if we reached our quota we have incentives. But unfortunately he never declares it to me. I just want to know if i can sue him for not sharing the house expenses and not giving the right amount for he’s children. How much can i get from him? Is he can be jail for this case? Who can i talk to for this kind of case?
    Do we have laws wherein the financial support would be automatically deducted from his Monthly salary? This is to make sure the child gets it every month, without me having to meet the father every now and then.

    3. Can I seek for his financial support without having to go to a lawyer? I am avoiding conflict with him that might affect our relationship with the kid in the future. How bout a DEMAND LetTer? What is it and what legal claims should I put in there?

    4. If I am going to file a case, what is the estimate expenses for all the fees I need to pay? What case should I file?
    Tenks a lot sir

  13. dianne_danaya June 25, 2009 |

    hi, i would like to ask for help regarding my situation right now, im a mother of a 4yrs old daughter, me and my partner are live-in only, were not married. Recently i discovered that he cheating on me and the girl is already pregnant. he decided to leave us and go with the new girl he is with. please help me if how am i going to after my and my child right, we have been abandoned, i want him to continue his support to us even if hes not with us anymore. i already accept that he abandoned me but i will not forgive him if he also abandoned his own daughter. what will i do? i want to have a legal documents that writter there that he must continue his obligation to us even if he already live to his new partner. obligation means, the child future inluding her education and food. hope you will help me with this, im also in shock right now but this is the only thing that i can do for my child.

  14. charisse July 14, 2009 |

    good day sir! my name is charisse and im planning to file a case against my dad.. My mom and my dad are legally married and they seperated way back when i was still 7 years old (but prior to that they are not already in good terms because my dad went to Japan when i was 2 years old and found another woman, and from that day up to the present i havent met him yet) though we talked, but he only calls me during special occasions like my birthday, christmas, etc. Anyway i am turning 21 this Dec. can i still file a case against him? i really want to get everything that he deprived me to…

  15. atria13 August 23, 2009 |

    Hi, i am a single parent and the dad of my kid is not giving regular financial support for his child. The father is in HK and i am in the philippines. All i want is that the school obligations be shouldered by him, but that is not happening.. i would like to know what to do so that my son gets what he’s supposed to get and that the father be responsible for the education of the child until he finish school.
    thanks. youe assistance will be highly appreaciated

  16. single0420 November 26, 2009 |

    good day.. i would like to ask regarding financial support for my son..i should have finished my college level 2008 but there was a unexpected thing happened to me and that is early pregnancy. i have to stop for 2 yrs. to take care for my son..i already lost my father jan.2009 because of cancer..and my mother right now doesn’t have a stable job..regarding for for the father of my son he already migrated at the u.s for almost 3yrs.. his financial support to us is not that accurate!! i have found out that he have a new relationship there since last year 2008.. and we have already talked regarding that financial support but after that talking there was no progress..i was planning to send a letter of agreement regarding for financial support for my son..he just gives a little amount of money for a month which is honestly it’s not enough. is this agreement would be effective here and there in u.s? what should be the best way that i should do?

  17. single0420 November 26, 2009 |

    i would like to ask also regarding for my son about that automatic green cardholder.. is it true that when the father of my son is a green cardholder already my son is automatically a green cardholder to?what should i do about that?what will be the processes? thank you!!

  18. mrs. purple January 2, 2010 |

    hi. i want to know the right percentage of child support here in the Philippines for a legitimate child.

  19. mar February 8, 2010 |

    Hi! I’m curious to know what if it’s the other way around. my son lives with me he does not want to live with his mother. she’s a flight attendant and is out of the country 15 days or more a month. I asked for half of his schooling and she refused. i take care of everything, all i asked was for his school. what rights does my son have to get support from her? i make 40k a month she make’s 80 to 100K she says if he stays with her she wont ask for a cent. on my end i don’t mind giving for his school. she took him last june but he came back to me july and said he wants to stay with me and study in his old school so i put him back. he will be 8 years old this aug.

  20. daveyjezra February 18, 2010 |

    hi.. Atty Fred,

    i know this is something confusing for everybody who will be reading this so i’ll put it this way.

    H – husband
    w – wife
    E – ex girlfriend. went abroad without formal break-up with H.
    However, she knows that H got married.
    c – concubine,
    F – Father of H

    here we go.

    May 2006 – H and W were married. H source of income is to drive their family’s public utility jeepney. W resigned from her work.

    January 2007, the first baby was born. W shouldered almost all of the hospital bill.

    April 2007, W went back to work because H income is not enough to support the growing need of the family.

    June 2007 H and C had affairs. w keep on asking H about it because she heard rumors about it but H keep on denying until october 2007 when W knew about the relationship. H asked for forgiveness and promised in front of W’s family and so W forgives.

    F is advising H to leave W for his personal reasons when in fact he agreed on H and W marriage.

    January 2007, second baby was born premature d and stayed in the hospital for 14 days. W and family paid all the hospital bills except for 3,000 pesos which was borrowed from H sister.

    june 2008 H decided to work abroad. W helped him financially. unfortunately he was not deployed because of the global economic crises. however, the agency promised to work on it but was not sure when he will be deployed.

    December 2008, H was employed in transporting company. H seldom goes home for his reasons that his schedule is shifting and jeepneys are not available late in the evening when in fact he can ride on a taxi if he wishes. so he sleeps on his sisters apartment.

    december 2008 E went home from abroad and meets H on his work. they then have communications via text messages which W incidentally reads on H cellphone.

    W keep on asking H about E but H keep on denying that they have an affair with E. until one day w captured a cellphone from H owned by E with “i love you, where you” on the outbox with H sim card on the phone. W and H now have misunderstandings and quarrels. .

    Late April 2009 H and W has great quarrels on phone calls and text messages. H no longer goes home. E regrets to talk to H in person. while F keep on advising H to leave W. H did not give any financial support to W and kids.

    June 3, 2009 W incidentally meet E and they talk together in a nice way. W asked her about H and she said there was nothing about them but friendship. However, She acknowledge that they date together with H.

    W and family asked H and family for a talk to possibly solve the worsening problem between W and H. However, only H’s mother appeared and told W’s family to postpone the talk because H and F are not available.

    June 12 W and kids went out of town because W felt that there was really something going on between E and H.

    W received only a few text messages from H. August when W received an sms from H saying he does not know how to call her and that was his latest txt message. no more communications after.

    November when W heard the news that H and E are living together and that E is pregnant.

    Late December, w called H and told him that she forgives him and E. and told H that she respects his decision.

    January 26, F sends an sms to W that his willing to give allowances for the kids and told her to go home with the kids so they can talk the matters over.

    February 9, W and kids went home. H and F knows about their arrival. still they did not make any action up to this date.

    February 13 E gave birth to H son. meaning E is already pregnant when they talk with W on june 2008 and they already have affair when W and H has great quarrels.

    Hope this one will be given an attention. W and family does not know what to do anymore. Hope you can help. It will be very much appreciated. Thank you.

    1. Can W sue H and E? or will it be on an amicable settlement only? if so, what should we do first, and then next?

    2. Can W seek for his financial support without having to go to a lawyer? Do we have laws wherein the financial support would be automatically deducted from his Monthly salary? This is to make sure the children gets it every month. or can W open an account under the kids name where H will deposit their allowances?

    3. Can H use his real property like land or the family owned jeepney to give as his financial support to the kids and then no more monthly allowances?

    4. If W is going to file a case, what is the estimate expenses for all the fees she needs to pay? What case should W file?

    5. If on an amicable settlement only, what legal claims should W put in the agreement?

    Thanks a lot sir.

  21. awife March 8, 2010 |

    hi sir!
    my husband have 2 children with other girl. the girl is filing a case against my husband because she is asking for financial support. my husband and that girl has an agreement that my husband will give 2500 monthly, but there are times my husband fails to give support because of some important instances. the girl is demanding for the support, but the salary of my husband sometimes is not enough to give support to them.
    the girl will file a case against my husband, what can i do as a wife.. what are my rights and my son? how can we fight that girl?we are the legal family, my son and I.

    pls. reply on my email asap.. tnx! my email add

  22. babyspy08 May 3, 2010 |

    Atty. Fred,

    I would like to seek answer to my questions regarding the child support for my nephew..My cousin is really bothered about their situation rightnow..My cousin is 39 years old she filed an annulment complaint against her husband a year ago..The case is still on process..They separated when the child was still 5 years old and rightnow he’s already 18..Since before the father only gives a very little amount for the child and it’s not that consistent..All thne while when my cousin was still abroad she’s not demanding from the father because she can afford to raise their child alone..She went back in our country 5 years ago..Until now she doesnt have work..And their son is already in college so it needs a lot of financial support from the father..So the father told my cousin that the tuition of my nephew should be divided from both parents..How could my cousin supprot their child because she doesnt have a work..So to say, their son has ADHD and it’s really high maintenance..My cousin is the one spending for his medications and therapy since he was a kid..If her husband doesnt have a work she’s the one spending for the needs of their soon even school..But now she doesnt have income..Does my cousin deserve to demand from the father of a certain amount for their son?..Is the father liable to pay for the entire tuition of their son?.The father is earning about 150,000 or more NET every much do u think would be the specific amount can he give for their son base on our law?..may i know the proportion of the financial support for the child base on his father’s income?..I think its a basic reality that the father should be the bread winner and he should be the one to shoulder the needs of his children regardless of the mother if she has an income or not..She had given everything to their son but it’s just that she doesnt work at all..It’s too expensive to send a college to an aeronautical school..I’m looking forward for your reply it would be a very big help for me..Thank you very much..More power & God bless you!.

  23. karen2010 June 6, 2010 |

    Good day, Sir. I have a friend whose husband has an illegitimate daughter. The daughter was left to the father’s care since she (the daughter) was 1 year old. A letter of agreement was signed by the mother entrusting the child care and support to the father. He in turn had his sister and parents take care of the said daughter. Now that the daughter finished high school, my friend’s husband wants his daughter to live with them so that they can economize and that he can continue sending her to college. The daughter refused to do this and has now made her mom (my friend’s husband’s ex, now also married) make threats of filing an abandonment case.

    Can the mother do this — file an abandonment case against the father, when in fact, it was the father who has been supporting the child most of the daughter’s life? My friend is amenable to support the illegitimate daughter of her husband up until she is 18 and does not want to do anything with her after that. Does my friend and her husband have the full backing of the law on this one?

    Thank you so much in advance for whatever legal advise you can extend.

  24. pmoments2010 June 20, 2010 |

    im married, we have two kids. because of alot of issues between us, alot has happened, i felt out of love for him, there’s hatred already.

    He wants us to be together but unless i go with him (because for your info ever since we were married since 1999, we didnt live together as a family because of issues, i lived with my parents) he always threaten me not to give any financial support to my kids. when i worked also for abroad 4 yrs ago, for the first 2 1/2 years he didnt give any support to my kids unless i go back home, its just in my 3rd yr he gave certain amount to help me because i was the only one supporting my kids and my relatives who live at my parents house (my parents at that time are living at the states) and the fact he is earning more than me. Now that im back home at my parents house, he’s threatening me again if i dont live with him he will not support the kids again. we both know our relationship as husband and wife is irreconcilable already but still he demands us to be together.

    what shall i do sir? can i deman for financial support from him even i dont want to live with him anymore?

  25. jhen02 September 25, 2010 |

    good morning! I’M a 18 year old single-mom to my three month old child. My past boyfriend is the biological father of my son. He is 21 yrs.old and he have a job and I am just a student. Does my child have a right to ask for any financial support?And i got pregnant during 17 yrs.old. Do i have a right to file any case? and what is it.
    hope you could help me. thank yo

  26. mai October 5, 2010 |

    situation: not married, has 3 children..not in a relationship anymore..

    the mother of the children filed a case for financial support against the father…But then the father has no job yet..meaning no money to give to the child..would he be imprison? they have been separated because the mother hurts/battered the there a law to protect battering against man??

  27. Anj October 30, 2010 |

    Hi. I was just separated from my husband for more than three months now. I resigned from work for more than a year now which was a mutual decision for our child’s sake. He’s giving child support to our 4 year old daughter from three to four thousand Pesos every payday. I want to know is this amount appropriate since his monthly salary is nearly 45 thousand every month? He’s paying the monthly amortization of our condo which amounts to Php12,700, his sister who also stays with him shares Php3,000 monthly. Also are we entitled for the cash benefits he receives from his company like his 13th month pay, sick leave reimbursements and win-share bonus which amounts to a one month pay. If so, what is the percentage that he’s suppose to give us.

    My other concern also is can I get back the money which he made me “abono” for our other bills and expenses in the house. This came from our daughter’s savings and from my SSS benefits, which is intended for the business I am planning to start upon my resignation. He promised that he’ll return them to us, if not i would not have withdrawn them especially my daughter’s savings.

    Lastly, can i file anything against him and the women he’s been involved with? Are sms enough proof to do so? Because he admitted all of his relationships with them thru sms.
    I hope you can enlighten and help me on these matters.
    Thank you so much and God bless.

    Anj R

  28. tito December 13, 2010 |

    Magandang araw po Attorney,

    Ako ay OFW dito s Saudi naghiwalay po kami ng aking asawa dahil sa mga bagay na hindi namin napagkaka sunduan. Wala po kaming naging anak.Sya po ay Empleyado ng Gobyerno Nagsampa sya ng kaso sa PAO nung nakaraang taon at humingi ng sustento sa akin kada buwan na akin namang sinang ayunan. May nagbalita po sa akin na may kinakasama na siyang ibang lalaki, Ano po ang maari kong ikaso sakali na mabuntis sya ng kinakasama nya? at maari po ba na ihinto ang buwanang sustento kung sakali siya ay mabuntis?

    Lubos po akong umaasa sa inyong tugon, Maraming salamat po!


  29. vien December 23, 2010 |

    Is there a way to get a child support if the child is in US and the dad is in the Philippines earning somewhere between Php 80,000 – Php 100,000 per month? We migrated here 7 years ago because of a family petition. The son is in 4th year high school, 19 years old. He was held back because of their Middle School curriculum. So in 19 years, the money given by the biological father is $150, the material things given to her would amount to $1,000 to $2,500. Never thought of child support before, until he is about to go to college next year. College in US is more of a privilege than a right to education. Yeah, plenty of grants and scholarships are available, but they are not guaranteed.
    The biological father has 5 cars, engages in car racing, frequently travels to US, Europe and Asia. At least 3 travels in a year, one in each of the continents mentioned.

    Advice on this matter is highly appreciated.

    More power!

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