Monday, January 28, 2013

GUNNING FOR GUN CONTROL (Some Arguments in favor of Gun Control)

By Siesta-friendly

Amazingly, the Philippine government seems to not have made the connection between gun-related crimes and gun ownership.  For why else would we have Executive Order 194 (February 24, 2000)which allows Filipinos to own practically as many firearms as they want? E.O. 194 repealed General Order Nos. 7, 7-A, 7-B and 7-C which authorize[d] certain individuals to possess and carry firearms, limit[ed] the number of firearms to be possessed and regulate[d] the operation of gun clubs” (Sec. 1).

Government allows ownership of unlimited number of firearms

Sec. 2 of the E.O. makes it clear by stating “all citizens of the Philippines may possess firearms of any type and/or caliber”.  The only exceptions are the following weapons:

  1. crew-served weapons (CSWs) – we just learned that it means any weapon that requires 2 or more people to operate it
  2. light anti-tank weapons (LAWs),
  3. light machine guns (LMGs),
  4. anti-tank,
  5. anti-personnel recoilless rifles,
  6. bazookas, and
  7. etc. – we have yet to determine what type of weapon this term exactly refers to.
So we prevent people from possessing weapons for war but we don’t prevent them from possessing weapons for massacre?  

Last January 3, 2013, drug-crazed Ronald Bae shot and killed 2 children and 5 adults and shot and injured 2 more children and 10 more adults.  Although he only used a .45 cal pistol during his murderous rage, in 2007, he had “gun licenses for an AK-47 assault rifle, a 5.56-mm-cal. M16 Elisco rifle and a .45-cal. Sig Sauer pistol” before the PDEA found them and confiscated them from him.[1]  We shudder to imagine how many more Bae could have killed if he still had the confiscated weapons with him.  And how many more Ronald Baes do we need to go on a shooting spree before we scrap this ill-conceived E.O. and get more strict on gun ownership? 

That Sec. 2 of E.O. 194 requires all firearms to be “test-fired for ballistics, stenciled and properly licensed” only partially helps in gun control efforts because it does not limit the number of guns one may own.  Same goes for the PNP Guidelines In The Issuance Of Permit To Carry Firearms Outside Of Residence which state that “persons who are lawful holders of firearms … are prohibited from carrying their firearms outside of residence”.[2]  

People who go on shooting sprees are not likely to first consider whether their weapons have been “test-fired for ballistics, stenciled and properly licensed” nor whether they have a permit to carry the same.

It also doesn’t help that the Permit To Carry Firearms Outside Of Residence (PTCFOR) seems not that difficult to obtain especially if one can afford paying for the permit and the corresponding requirements.   An article on Rappler.com by Natashya Gutierrez “Want to own a gun? Here's how easy it is” is informative.

In the U.S.A., gun control efforts are opposed pursuant to the U.S. Constitution’s 2nd amendment guaranteeing the “right of the people to keep and bear arms”.  We do not have any similar Constitutional guarantee.  What we apparently have is an official surrender by our authorities of their responsibility for peace and order, from a reading of 2 of the Whereas Clauses of E.O. 194 -     

“WHEREAS, the rising threat to peace and order posed by criminality, insurgency, subversion, and the secessionist movement requires the dedicated efforts not only of law enforcement agencies but private citizens as well;

WHEREAS, the present thrust of the PNP is to combat all kinds of criminality while current government programs need the support and participation of the citizenry to effectively prevent and suppress criminality and to maintain public order and safety in the land;”

Of all the news reports on gun shootings – deliberate or indiscriminate – we daresay less than 1% involves ordinary folks surviving shootings because they were able to fire back.  Likely nil involving instances of children surviving because they were able to shoot back.

E.O. 194 encourages shoot-outs between victim and perpetrator.  This scenario just places more innocent victims at risk to both parties’ shootings.   Consider what happened in August 2012 in New York involving a gunman and police officers – people trained to use guns.  When the NY police officers caught up on foot with the man who just shot and killed his co-worker, the gunman shot at the police officers who were just a few feet away from him. A gun battle ensued.  The gunman didn’t hit anyone but the police shot and killed him while also shooting and injuring 9 innocent pedestrians -

“Three passersby sustained direct gunshot wounds, while the remaining six were hit by fragments, according to New York Police Commissioner Ray Kelly. All injuries were caused by police, he said Saturday.”[3]

If a well-trained police force cannot even prevent collateral damage (with their target only a few steps away), how can we expect ordinary people to have less casualties under similar circumstances? Why would we ordinary people – with no firearms training – be allowed unlimited firearms for the purpose of supporting and participating in the government’s efforts “to effectively prevent and suppress criminality and to maintain public order and safety in the land”?  Who wants to engage in a shootout, even with a criminal?

Government efforts should be focused on limiting guns not in multiplying them. The casualties – from actual fatalities to a paranoid citizenry - resulting from one environment against the other are so divergent that those who truly want peace and order would not even think twice of allowing ordinary citizens to own as many firearms as they want.

Government Lowered the Penalty for the Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms or Ammunition

This apparent acceptance, if not encouragement, of a gun culture is further exemplified by the downgrade of the penalty for the “Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms or Ammunition or Instruments Used or Intended to be Used in the Manufacture of Firearms of Ammunition” under R.A. 8294[4] which amended R.A. 1866[5].  Sec. 1 of R.A. 1866 provides the stiff penalty of reclusion temporal in its maximum period (i.e., from 17 years, 4 months and 1 day to 20 years) to reclusion perpetua (at least 30 years) ” while the amendatory law lowers the penalties as follows:

a)      prision correccional in its maximum period (i.e., from 4 years, 2 months and 1 day to 6 years) and a fine of not less than P15,000 any low powered firearm, such as rimfire handgun, .380 or .32 and other firearm of similar firepower, part of firearm, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition Provided, That no other crime was committed; or
b)      prision mayor in its minimum period (i.e., from 10 years and 1 day to 12 years) and a fine of P30,000 shall be imposed if the firearm is a high powered firearm which includes those with bores bigger in diameter than .38 caliber and 9 millimeter such as caliber .40, .41, .44, .45 and also lesser calibered firearms but considered powerful such as caliber .357 and caliber .22 center-fire magnum and other firearms with firing capability of full automatic and by burst of two or three.; Provided, however, That no other crime was committed by the person arrested.

"If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance.

If the violation of this Sec. is in furtherance of or incident to, or in connection with the crime of rebellion or insurrection, sedition, or attempted coup d'etat, such violation shall be absorbed as an element of the crime of rebellion, or insurrection, sedition, or attempted coup d'etat.”  (Sec. 1 R.A. 8294)

This substantial downgrade of penalties (from the old maximum of 20 years to the new maximum of 6 or 12 years) allowed actor Robin Padilla to be paroled after only serving less than 3 years in prison[6] following his conviction for illegal possession of the following weapons:

  1. A .357 Caliber revolver, Smith and Wesson, SN-32919 with 6 live ammunitions;
  2. A M-16 Baby Armalite rifle, SN-RP 131120 with 4 long and 1 short magazine with ammunitions;
  3. A .380 Pietro Beretta, SN-A 35723 Y with clip and 8 ammunitions; and
  4. 6 additional live double action ammunitions of .38 caliber revolver.[7]
Further, apart from the substantial downgrade which also allows for earlier parole, why now make a penalty distinction between low-powered and high-powered firearms?  Aren’t they all designed to kill?

Can the Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms or Ammunition go Unpunished?

We are likewise confused with the amended penalties under Sec. 1 of R.A. 8294 which are subject to the proviso that “no other crime was committed”.  The last 2 paragraphs of Sec. 1 as stated above list the crimes that affect the imposition of both penalties. In case of homicide or murder, “the use of an unlicensed firearm shall be considered as an aggravating circumstance.” And in cases of rebellion or insurrection, sedition, or attempted coup d'etat, the use of the unlicensed firearm is “absorbed as an element’ of said crimes.  This implies that if a crime other than homicide, murder rebellion insurrection, sedition, or attempted coup d'etat is committed, the penalty is also different. But what is it then?

People caught firing guns during new year’s eve celebrations – provided they don’t hurt anyone - are charged with the crime of Alarms and Scandals (under Art. 155, Revised Penal Code). Alarms and Scandals carry the penalty of Arresto Menor (i.e. from 1-30 days) or a fine not exceeding P200 pesos.  The penalty and crime for Alarms and Scandals are far less than the penalties for illegal possession of firearms.  Yet, Sec. 1 of R.A. 8294 states that the penalties for illegal possession of firearms are subject to the condition that “no other crime was committed”.  So when Alarm and Scandal is committed with the use of an illegal firearm, which penalty is imposed? The higher penalty for illegal possession of firearm or the lower penalty for Alarm and Scandal?

As with our plea for Government to stem gun proliferation, we urge Government to also focus their efforts on the penalties for the Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms or Ammunition or Instruments Used or Intended to be Used in the Manufacture of Firearms of Ammunition.  There are inconsistencies in the law regarding penalties which can only benefit criminals and therefore be disastrous to any peace and order effort.

A gun-free society may be a dream (like a drug-free society) because there are legitimate reasons for drugs and guns. Some civilians need firearms for legitimate sport and self-defense.  But we should recognize that sport and defense do not require allowing more than 1 non-assault weapon (i.e., not semi or full automatic weapon) per adult and only after a genuine background examination.  


[1] Ramos, M. (2013, January 06). Kawit gunman had stash of high-powered firearms—pnp. Retrieved from http://newsinfo.inquirer.net/336129/kawit-gunman-had-stash-of-high-powered-firearms-pnp 
[2]  Section 2.a.,

[3]  Ariosto, D. (2012, August 26). Police: All empire state shooting victims were wounded by officers. Retrieved from http://edition.cnn.com/2012/08/25/justice/new-york-empire-state-shooting/
[4]  “An Act Amending The Provisions Of Presidential Decree No. 1866, As Amended, Entitled "Codifying The Laws On Illegal/Unlawful Possession, Manufacture, Dealing In, Acquisition Or Disposition Of Firearms, Ammunition Or Explosives Or Instruments Used In The Manufacture Of Firearms, Ammunition Or Explosives, And Imposing Stiffer Penalties For Certain Violations Thereof, And For Relevant Purposes”. June 6, 1997.
[5]  Codifying The Laws On Illegal/Unlawful Possession, Manufacture, Dealing In, Acquisition Or Disposition, Of Firearms, Ammunition Or Explosives Or Instruments Used In The Manufacture Of Firearms, Ammunition Or Explosives, And Imposing Stiffer Penalties For Certain Violations Thereof And For Relevant Purposes". June 29, 1983.

[6]  Vanzi, S. J. (1998, April 8). Robin padilla is free . Retrieved from http://www.newsflash.org/199804/sb/sb000345.htm
[7]  Padilla vs. CA, G.R. No. 121917. March 12, 1997.  Retrieved from http://sc.judiciary.gov.ph/jurisprudence/1997/mar1997/121917.htm

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Thursday, January 17, 2013

ALL YOU HAVE TO DO IS CALL (Pushing for a drug-free Philippines)

By Siesta-friendly

We do not have records showing drug-related crime rates. But based on regular news reports of crimes, drug-related crimes seem to be on a critical rise. The most heinous of crimes – especially against children and women - seem to be often committed by those on drugs.

The shooting spree on January 3, 2013 in Kawit, Cavite, by a 2-time Barangay Councilor turned  losing candidate for Barangay Chairman turned drug addict and his aide, which resulted in the deaths of 8 people – including 2 children – and the wounding of 12 more - including 2 other children - may be the highest casualty rate by any drug-crazed killer.

The family and neighbors of the Kawit gunman, Ronald Bae, knew of his drug use.[1] Bae was even on the watchlist of the Philippine Drug Enforcement Agency (PDEA) since 2010, following the PDEA’s raid of his home where they found and confiscated illegal drugs and an “AK-47 assault rifle, a 5.56-mm-cal. M16 Elisco rifle and a .45-cal. Sig Sauer pistol”.[2]   (Unfortunately, he was able to post bail).[3] His accomplice has admitted that they were on methamphetamine hydrochloride or shabu during the crime.[4]

So, how, even with the pertinent people knowing about his illegal drug use and his apparent love of guns, and his family and neighbor’s experience of his violent behavior,[5] was Bae’s access again to a gun (a .45-caliber 1911 pistol) and his continued use of illegal drugs not been immediately reported to the authorities?

Included in the Declaration of Policy of the Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165)[6], is the statement that “the government shall pursue an intensive and unrelenting campaign against the trafficking and use of dangerous drugs and other similar substances through an integrated system of planning, implementation and enforcement of anti-drug abuse policies, programs, and projects.” (Section 2)  

This campaign will not be so intensive and unrelenting without people directing (aka tipping) government authorities where the drugs and who the users/sellers/manufacturers/distributers/importers are.

Perhaps we need to be reminded of the unlawful acts punished under R.A. 9165 and their corresponding penalties so we know what to look out for within our families, social groups, work place and communities, and learn just how serious these acts are, that we may be prompted to report these acts immediately to authorities –

  1. Importation of Dangerous Drugs shall be punished with life imprisonment and a fine from P500,000.00 to P10,000,000.00 while the Importation of Controlled Precursors and Essential Chemicals is punished with imprisonment from 12 years and 1 day to 20 years and a fine from P100,000.00 to P500,000.00 (Sec. 4);
  2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs shall be punished with life imprisonment and a fine from P500,000.00 to P10,000,000.00 while the Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Controlled Precursors and Essential Chemicals is punished with imprisonment from 12 years and 1 day to 20 years and a fine from P100,000.00 to P500,000.00 (Sec. 5);
  3. Maintenance of a Den, Dive or Resort where any dangerous drug is used or sold shall be punished with life imprisonment and a fine from P500,000.00 to P10,000,000.00 while the Maintenance of a Den, Dive or Resort where any Controlled Precursors and Essential Chemicals is punished with imprisonment from 12 years and 1 day to 20 years and a fine from P100,000.00 to P500,000.00 (Sec. 6);
  4. Being Employees and knowing Visitors of a Den, Dive or Resort is punished with imprisonment from 12 years and 1 day to 20 years and a fine from P100,000.00 to P500,000.00 (under Sec. 7)
  5. Manufacture of Dangerous Drugs shall be punished with life imprisonment and a fine from P500,000.00 to P10,000,000.00 while the Manufacture of Controlled Precursors and Essential Chemicals is punished with imprisonment from 12 years and 1 day to 20 years and a fine from P100,000.00 to P500,000.00 (Sec. 8);
  6. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals is punished with imprisonment from 12 years and 1 day to 20 years and a fine from P100,000.00 to P500,000.00  (Sec. 9);
  7. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals is punished with imprisonment from 12 years and 1 day to 20 years and a fine from P100,000.00 to P500,000.00 (Sec. 10);
  8. Possession of Dangerous Drugs shall be punished with life imprisonment and a fine from P500,000.00 to P10,000,000.00 (Sec. 11);
  9. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs is punished with imprisonment from 6 months and 1 day to 4 years and a fine from P10,000.00 to P50,000.00 (Sec. 12);
  10. Use of Dangerous Drugs – if a person is apprehended or arrested and found positive for use of any Dangerous Drug the penalty shall be a minimum of 6 months rehabilitation in a government center for the first offense; if apprehended using any Dangerous Drug for the second time, the penalty shall be imprisonment 6 years and 1 day to 12 years and a fine from P50,000.00 to P200,000.00: (Sec. 15);
  11. Cultivation or Culture of Plants Classified as Dangerous Drugs or Are Sources Thereof shall be punished with life imprisonment and a fine from P500,000.00 to P10,000,000.00 (Sec. 16);
  12. Failure to comply with the rules on maintenance and keeping of the original records of transactions on any Dangerous Drug and/or Controlled Precursor And Essential Chemical shall be punished with imprisonment from 1 year and 1 day to 6 years and a fine from P10,000.00 to P50,000.00 (Sec. 17);
  13. Unnecessary Prescription of Dangerous Drugs shall be punished with imprisonment from 12 years and 1 day to 20 years and a fine from P100,000.00 to P500,000.00 plus revocation of his/her license to practice (Sec. 18);
  14. Unlawful Prescription of Dangerous Drugs shall be punished with life imprisonment and a fine from P500,000.00 to P10,000,000.00 (Sec. 19). 

The PDEA’s goal is a drug-free Philippines. That may be a dream but it is worth aiming for. There are several ways to inform the authorities regarding illegal drug activity in your area: you can inform your barangay officials or file a report with the nearest police station.  You may also directly inform the PDEA at their Private Eye contact details: 920-0967 / iii.pdea@yahoo.com for which you may even be given a reward.[7] You may also call PDEA’s 24/7 hotline: 920-0735, or go to their office at PDEA Bldg., NIA Northside Road, National Government Center, Barangay Pinyahan, Quezon City.[8] 

HOWEVER, because the Criminal Investigation and Detection Group (CIDG) and Scene of the Crime Operatives (SOCO) have since dug up a dead body from a portion of gunman Ronald Bae’s lot in Barangay Tabon 1, Kawit, Cavite, following the confession of Bae’s accomplice, John Paul Lopez, that Bae buried Teodulo Villanueva in 2003, and because Villanueva is said to have reported to the police Bae’s illegal drug transactions, we should always be careful whom we inform of illegal acts, especially when it comes to drugs.[9]  There were also early rumors that Bae’s neighbors reported to the local police his indiscriminate firing during new year celebrations – 2 days before the massacre – yet the authorities apparently did not act on these reports.  All you have to do is call, but first make sure you are calling the right authority.  


[1]  Malig, J. (2013, January 05). Cavite gunman used drugs, estranged wife says. Retrieved from http://www.abs-cbnnews.com/nation/metro-manila/01/04/13/cavite-gunman-used-drugs-estranged-wife-says
[2]  Ramos, M. (2013, January 06). Kawit gunman had stash of high-powered firearms—pnp. Retrieved from http://newsinfo.inquirer.net/336129/kawit-gunman-had-stash-of-high-powered-firearms-pnp
[3]  Padua, R. (2013, January 06). Gunman on pdea watch list since 2010. Retrieved from http://www.philstar.com/headlines/2013/01/06/893739/gunman-pdea-watch-list-2010nce 2010 n-pdea-watch-list-2010    
[4]  Limpin, R. (2013, January 08). Kawit gunman overdosed on drugs . Retrieved from http://www.manilatimes.net/index.php/news/top-stories/38954-kawit-gunman-overdosed-on-drugs  
[5]  Legaspi, A. (2013 January 08).  Wife of Cavite mass killer Ronald Bae says he abused her. Retrieved from http://www.gmanetwork.com/news/story/289301/news/regions/wife-of-cavite-mass-killer-ronald-bae-says-he-abused-her
[6]  An Act Instituting The Comprehensive Dangerous Drugs Act Of 2002, Repealing Republic Act No. 6425, Otherwise Known As The Dangerous Drugs Act Of 1972, As Amended, Providing Funds Therefor, And For Other Purposes; June 7, 2002.

[9]  Limpin, R. (2013, January 16). Human remains dug up in bae’s property . Retrieved from http://www.manilatimes.net/index.php/news/top-stories/39468-human-remains-dug-up-in-bae-s-property

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Monday, January 7, 2013

BABY, YOU’RE NO FIREWORK How to prevent annual firework-related injuries and death during new year’s celebrations

By Siesta-friendly

How do we substantially lower, if not totally eliminate our yearly - like clockwork - fireworks-related injuries? It has been difficult to appeal to people’s common sense even after years of graphic reports of exploded limbs, faces and fatalities.  People continue lighting fireworks knowing they can accidentally light themselves up in the process. 

The government must (be made to) take action.  Lobbying senators and house representatives to amend or enact new laws have proven ineffective so far.  It’s time to expect more from our local authorities.

Consider that the Department of Health (DOH) reported a 17% decrease of fireworks-related injuries nationwide while there were 0 injuries reported in Davao city.[1] Consider too that there were 106 people reportedly arrested in Davao City “for trying to use fireworks”.[2]


“SECTION 1. PURPOSE OF THIS ORDINANCE. – It is the purpose of this Ordinance to prohibit the manufacture, sale, distribution, possession and use of firecrackers or pyrotechnic devices and such other similar devices and the exploding of firecrackers and other explosives, within Davao City in furtherance of public safely, peace, order and security of the community.

SECTION 2. PROHIBITED ACTS. – (a) It shall be unlawful for any person or business establishment to manufacture, sell or offer sale, distribute, possess or use any firecracker or pyrotechnic devices or such other similar devices within the territory of Davao City;

SECTION 3. PENALTIES. – Violation of any of the provision of Section 2 of this Ordinance shall be penalized as follows:

A.) For the first offenses, a fine of One Thousand Pesos (P1,000.00) or imprisonment of not more that One (1) month but not less than twenty (20) days, or both fine and imprisonment, at the discretion of the Court;

B.) For the second offense, a fine of Three Thousand Pesos (P3,000.00) or imprisonment of not more than Three (3) months but not less than One (1) month, or both fine and imprisonment, at the discretion of the Court.

C.) For the third offense, a fine of Five Thousand Pesos (P5,000.00) or imprisonment of not more than Six (6) months but not less Three (3) months, or fine and imprisonment, at the discretion of the Court.

If the violation is committed by a business establishment, the President of General Manager other person, acting in behalf of either the President or General Manager shall be held liable in the case of a corporation or partnership, or the owner or proprietor or the person acting in his behalf shall be held responsible in the case of a single proprietorship.

In addition to the foregoing penalties, the business permit of the business establishment shall be cancelled by the City Mayor upon the commission of the third offense.”

Bulacan will surely complain about the decline of their fireworks industry. But, unless they provide warranties regarding the safety of their products or at the very least put up a bond to cover all damages for fireworks-related injuries and deaths, they have no right to complain. Public interest overrides business interest especially if the business often leads to damage, harm and death.

We celebrate the coming of the new year through other ways: parties, binge-eating, horns, to name a few.  The company of family and friends should be enough. Explosive devises which can maim, and may lead to the death of, our family and friends (especially the littlest among us) have no place in any celebration.

Finally, a total ban on fireworks (including guns) will surely help us pinpoint who, in the neighborhood, fired a gun.  With a relative explosion-free neighborhood, it would not be so easy to fire a gun knowing the gunfire can easily be heard. Initial reports show that there were 40 people hit by stray bullets[4], 2 of whom – young children – died.  Had we followed Davao City’s lead, 4-year old Ranjelo Nemor[5] and 7-year old Stephanie Nicole Ella[6], who were hit and killed by stray bullets during the New Year’s celebrations, might still be alive today.  We should put our foot down on any type of revelry that endangers lives. These children are not the first to have died from stray bullets while merely watching New Year’s celebrations, but it is our burden to ensure they are the last.


[1]  Tubeza, P. (2013, January 2). Doh: 'crackers toll falls by 17%; zero injuries in davao city". Retrieved from http://www.doh.gov.ph/sites/default/files/010213-0010.pdf
[2]  G, K. (2013, January 01). 106 arrested for using fireworks to welcome new year in davao. Retrieved from http://www.gmanetwork.com/news/story/288374/news/regions/106-arrested-for-using-fireworks-to-welcome-new-year-in-davao
[4] Stray bullets from irresponsible new year revelers have hurt at least 40. (2013, January 2). Retrieved from http://www.spot.ph/newsfeatures/52618/stray-bullets-from-irresponsible-new-year-revelers-have-hurt-at-least-40
[5]  Stray bullet kills 4-year-old on new year's eve. (2013, January 1). Retrieved from http://www.rappler.com/nation/18919-stray-bullet-kills-4-yr-old-on-new-year-s-eve
[6]  Elona, J. M. (2013, January 2). 7-year-old girl hit by stray bullet dies. Retrieved from http://newsinfo.inquirer.net/333839/girl-hit-by-stray-bullet-dies

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