By Marvic M.V.F. Leonen
Dean and Professor of Law University of the Philippines
The heinous massacre of civilians in Ampatuan, Maguindanao deserves competence of the highest order in the gathering, preserving, and evaluation of evidence as well as in the subsequent arrest and prosecution of its perpetrators. It should also be the platform for a sober approach that will comprehensively address the issue of private armies of misguided politicians. Any meaningful solution should be led by civilians preferably those who can remain independent of influence from national public officials who have openly declared partisan interests in the upcoming election.
The reported declaration of martial law in Maguindanao should be assessed in this light as well as in terms of its compliance with the very stringent requirements contained in the 1987 Constitution.
The President should also observe an extraordinary level of transparency and accountability with this declaration. She must clearly demonstrate why martial law needs to be declared. The proclamation of martial law can be used as a means to gain unfair advantage in the upcoming elections or as an excuse to declare a failure of elections contrary to the peopleâs will. The need for transparency and accountability is even more urgent given the unnecessary proclamation from the spokespersons of the Office of the President that the incumbent has remained âfriendsâ with those widely suspected of having committed the atrocities in Mindanao. The need for transparency and accountability is also necessary in the light of the role of the suspected perpetrators in the controversies surrounding the 2004 elections.
Under the 1987 Constitution, martial law can only be declared in cases of invasion or rebellion and only when public safety demands it. Rebellion requires that there is at least a taking up of arms publicly directed against an existing government. Martial law cannot be declared because the state has failed to prevent massive human rights violations by leaders that the national government itself has nurtured. Martial law cannot be proclaimed to cover up the lack of professional competence in the gathering, preservation, evaluation of evidence, and in the arrest and detention of the perpetrators. Martial law is also not the proper legal response to the issuance of a writ of amparo in favor of the Ampatuan family.
A report on how the proclamation was executed must be made within 48 hours of its proclamation to both the House of Representatives and the Senate. Congress must convene within 24 hours after it is proclaimed. Any proclamation of martial law by the President can only have a maximum effectivity of 60 days. This can be revoked (or extended) by Congress. Any revocation by Congress cannot be overturned by the President. In case martial law has been proclaimed, the electoral ambitions of all members of the House of Representatives and the Senate should be put aside so that they can observe their obligations required in the Constitution.
The proclamation of martial law does not supplant the civilian bureaucracy. It does not supplant the operation of the Constitution including its provisions for the protection of individual and collective rights. It does not supplant the operations of local government nor the fact that local governance is subject to existing law. Martial law does not automatically suspend the writ of habeas corpus or justify illegal arrests and detention. In other words, it is not authority for the commander in chief or the military to replace civilian government. Certainly, the public should be encouraged to engage the courts should there be any violation of any provision of law or the Constitution.
Abuse of executive privilege will only tarnish the memories of those who have been martyred by the violent excesses of misguided public officials. I call for vigilance for competent, transparent, accountable government as well as for the protection of human rights of peoples in Mindanao.
I am in favor that Martial Law should be ruled in Maguindanao so the military can arrest immediatly the perpetrators of the summary executions of the 57 civilians by the Ampatuans, without martial law the military have to wait for the court papers before they raid a suspects
house. If not the declaration of martial law they cannot find this high powered cache of ammunation that can supply a battalion of soldiers. how can they immediatly arrest a suspect involved of the massacre. People should not be worry because the Arroyo government can immediatly abolish if all is stable in maguindanao. i does not like pres. arroyo of handling the people in the government becomes almost corrupt but i vote for his decklaration of martial law in maguindanao..this is to serve and give warnings to all dirty politicians that no one is above the law and private armies are not allowed in this civilized society.
Hope politicians should not be worry.
sige sulat pa nito, kaya napapatay kayong mga reporter eh.
our government again failed to appreciate the true sentiments of the people by going beyond its authority to declare martial law. yes we are very much concern on the maguindanao carnage but people could not trust justice in the hands of our president. if there is an institution who should question first it should be the military. they know better that a rebellion is not happening in maguindanao. there may be some armed men thinking about protecting the ampatuan but not capable of rebelion against the state. if that is their reason they might as well declare martial law throughout the country we are all the the threshold of throwing all our trash in malacanang.let us make our voice heard. No to martial law
Im not gloria fan, but I support martial imposition in Maguindanao. Sa nangyaring karahasan doon dapat lang na ipakita kung gaano kalakas ang militar ng Republika. Madami ng batas ang nasulat, ngayon lang naman sana maipakita ang suporta at tiwala sa ating sundalo. Mas gugustuhin kung makita sa TV ang kalakasan ng ating sundalo kesa kalakasan ng bunganga ng mga marurunong sa batas!
It sounds like you're creating problems yourself by trying to solve this issue instead of looking at why their is a problem in the first place.
Martial Law shows the military's strength but not the military's wisdom. However, it shows political shrewdness. First, it will allow evidence to be destroyed, Second, it changed the crime to rebellion which could be subject to negotiation, Third, it allows the president time to build up another warlord clan, Fourth, it gives an excuse for escalation of violence, presumably from threatened rebels and ultimate expansion of Martial Law to the whole country and automatic extension of presidential term.
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i believe you have not lived in mindanao'as i did a few years back.that's why i know how muslims think and feel..you just don't know how lawless muslims think.especially.the so called self styled rebels..they value thier guns more than their wives..nine of our employees were ambushed by so called MNLF..even if we were giving them security money to ensure protection for our employees.try living in any mindanao hotspot for at least a year and you'll know that the rule of law that some muslims acknowledge is the rule of the gun.just try to be diplomatic with them and you'll find yourself six feet under the ground..it is easy to mouth human rights and civil liberties when you haven't experienced living amongst them
"It does not supplant the operations of local government nor the fact that local governance is subject to existing law."
Even without martial law. there is no such operation of local government, if there is, it's just a dummy but the Ampatuan clan has ruled over them, except for some.
This is not entire Mindanao. I find it necessary to put Maguindanao in martial law. I am no fan of president Arroyo but I think she made the right move on this one. Try live in Maguindanao, and you'll feel that it has been like martial law with the ruling of Ampatuans.
In a legal perspective and perfect setting the points presented should govern. In a feudal master -slave environment brute force must be displayed and used by the govt armed forces to compel law breakers to submit and surrender or be annihilated. A systemic flushing out of the country wide warlord practices must be executed surgically to reform the thoughts that " power grows out of the barrel of a gun"and "power corrupts and absolute power corrupts absolutely".
i am in favor for a matial law rule but only for 60 days due to the lnormal aw that we have it is very easy for the rich ampatuans to defend and paid a lot of people just to set them free in Maguindanao they dont know our constitution only the "ampatuan law" that hounds the local people for a long time its so easy to comment if your from "LUZON" island but the reality is there is a wild wild west scenario in RMM.
Ex Pres. Ramos is also guilty how these families rise to power we should ask him what did he do during his time??? because ampatuans are member of "Lakas party" shame on you Mr. ex president
I am in favor to place Maguindanao under Martial Law. But there's should be a parameter to avoid human rights violations against military personnel.The author of this article stated the 1987 constitution. Under the 1987 Constitution, martial law can only be declared in cases of invasion or rebellion and only when public safety demands it. The maguindanaoans public safety demands it! Better to come here in Maguindanao so that you can see it by yourself. This is not a simple police matter. This is a national concern! All the warlords and their supporters should put behind bars and justice for the victims must prevail.
Gen. Pangilinan maybe is out of his mind that to extend the Martial rule in maguindanoa until May 2010. Martial Rule on that area should only be a short period of time until all suspects are arrested and all high powered guns are size from the ampatuan clans. all the towns mayors that are widely connected by the ampatuans should be investigated and high powered firearms should be size,
so as to be fair in the political arena.
Every citizens has the right to live without fear. if you have private armies, you are controlling the citizens democratic way life, they cannot openly talk due to fear and cannot vote freely. with private armies, politicians will have enough power to control and pocket all the moneys that is intended for a project on thier area, so as to feed his private armies.
I am in favor for a matial law rule until those bandits (MILF, MNLF, ABUSAYAF) supportes of Ampatuans Clans being purge and disarmed. Put that region in military rule and do not pursue any negotiation of MOA in Kuala Lumpur. Its a tactical plans to control Oil & Gas field in the regions for Malaysia through ARMM. Use you head why the UK and Japan want as mediator coz they take more benefit on that and the Philippines is just following, following, following...
Hay naku eto na naman ang mga Pilipinong sala sa init sala sa lamigâ¦wala nalang nakita matinu at puna ng puna sa lahat ng bagay pero pag tinanung mo ng clear cut na solution ang sasagot sa iyo ipagpasa Diyos nalang..pwe!...
Napapansin ko na karamihan ng di palo sa Martial Law na ito e yung mga taong wala naman talaga sa lugar na pinag deklrahan nito. Mga hawak e lang libro, kesyo sabi sa mga libro e Unconstitutional, overreacting, overkill..pwe! Sabihin mo kaya yan sa isang taga Maguindanao na gabi gabi ay nababalutan ng takot na baka pasukin sila sa kanilang bahay ng mga di kilalang mga lalaki at pagpapatayin sila. Sabihin mo kaya yan sa mga namatayan hindi lang nung 57 kundi ng madami pa na hindi naipapakita sa balita.
Me nabasa ako isang comment sa ibang site ang sabi âdati na naman me Martial law sa amin ..martial law ng mga Ampatuanâ or âDalawa lang naman pagpipilian naming dito..Martial Law ng Gubyerno or Martial Law ng mga Ampatuanâ. Me iba nga gusto buong Mindanao imartial law..at nanggagaling ito sa mga TAGA-MINDANAO mismo. Hindi taga Luzon, hindi taga Visayas.
Maiging siyasatin niyo din muna kung sinu sino ang mga tumutuligsa dito, baka ang pumupuna sa MAGNANAKAW ay kapwa niya MAGNANAKAW din. Nakakainis din ang iilang sa ating uto uto at nagpapauto na parang mas alam pa nila kung anu makakabuti sa mga taga-Maguindanao e di naman sila taga dun at di naman dinaranas ang hirap at takot na dulot ng kawalan ng control ng Gobyerno.
At kung bakit din lubhang takot na takot sila at itinutulad ito sa Marcos era, maiging isaisip na sa panahon ni Marcos ay walang text, walang internet, walang cellphone, walang media AT WALANG ALAM ang mga tao sa martial law, ibig sabihin ay di lubos na naiintindihan ng karamihan ng kung anu talaga ito. Ngayon ay hindi ganun ang sitwasyun, kapag me nakita kang pang aabuso isang text lang sa ABS or GMA expose na agad rally na agad sa totoo lang hindi na pwede gawin yung katulad ng ginawa ni Marcos dati dahil VERY AWARE na tayong mga Pilipino sa mga maaring maidulot nito kapag ginamit sa maling agenda.
Sasabihin ng mga politico mauulit daw ang regimeng Marcos, abaây ibig sabihin ba nun ay tingin ng mga Pulitiko sa atin ay wala tayong natutunan sa dating Martial Law? Na hindi natin alam bantayan ang mga pang aabuso naranasan natin dati kung sakaling may mag attempt na ulitin yun? Ganun ba katanga, kabobo at ka uto uto ang mga Pilipino na parang di tayo natututo sa mga nakaraang pagkakamali? Malamang siguro, e senate president nga natin ay susi sa dating martial law e at nagluluklok padin tayo ng mga namumuno na kurakot at walang kaluluwa.
For those who are anti martial law in maguindanao and self righteous losers, live in maguindanao first before opening your stinking mouth....democracy doesn't work for people who doesn't follow rules...it's time for an iron fisted approach...kailan kayo mag declare? if meron na naman ma-massacre...just shut up and let the military do it's job...puro kayo dakdak wala naman kayong ginagawa kung di mag internet lang...pweeehhhh
Panahon ni Marcos.....sigaw ng tao kurakot ang Administrationg Marcos..Martial Law
Panahon ni Cory.....sigaw ng tao kurakot ang Administrationg Aquino..Kudeta
Panahon ni Ramos....sigaw ng tao kurakot ang Administrationg Ramos..Martial Law
Panahon ni Erap....sigaw ng tao kurakot ang Administrationg Estrada..Martial Law
Panahon ni Gloria....sigaw ng tao kurakot ang Administrationg Arroyo..Martial Law
Abay di ako magtataka na kahit sino maluklok sa Mayo e di pa umiinit ang tumbong sa Malakanyang mga Disyembre palang e me mga nagrarally na kontra ng emergency powers, cha cha at martial law. Turo ng turo, sisi ng sisi, puna ng puna pag tinanong mo ng solusyon..BOKYA..walang pinagkaiba sa pinupuna nila..pwe!..
Hindi kaya tayo ang may problema? Limang ibaât ibang administration iisa ang problema..abay sino ba ang naglalagay sa kanila or mas magadang tanung (lalo sa mga magsasabi âdi ko naman binoto yanâ) sino ang NAGPAPAHINTULOT na malagay sila sa kinalalagyan nila?
Sa mga simbahan naman na nakikisawsaw sa pulitika, siguro namay ipinagdadasal niyo sa Maykapal ang kaayusan ng bansa diba..e bakit kaya mukhang di kayo pinapakinggan ng Diyos? Hindi kaya DI KAYO PINAKIKINGGAN ng Diyos dahil mali mali ang intension niyo mismo pag lumalapit kayo sa Kaniya? Naka baka ayaw kayo pakinggan dahil KAYO mismo ay may itinatagong mga AGENDA?..esep eseseep!
Di ako bilib kay GMA pero sumasang ayon ako sa mga desisyong tama, hindi katulad ng iba diyan lahat nalang basta galing sa Administration e masama. Kasi sa mga taong tulad nito, hanggat di sila ang maluluklok sa gobyerno ay wala sila kakikitaang maganda sa nangyayari sa bansa, merun at merung makikitang butas yan. Gusto kasi sila lang ang magaling. Kahit si Obama pa iluklok mo dyan sa Malakanyang e merun padin mag mambabatikos dito. Mga Utak Alimango kasi.
Ang galing kasi ng iilan na mambatikos e, bakit sa Maynila ba nakakasalubong ka ng ordinaryong tao nakatsinelas lang e me bitbit na M203, 45 or M16?
Pulis? Militar? E ikaw ang bigyan ng option ni Ampatuan na either tanggapin mo ang lagay at magbulagbulagan or papatayin ka at ang buong pamilya mo. Alin ang pipiliin mo?
Ang least pag martial law kita mo ang kasalubong mo kung gabi e pulis at sundalo kasi naka-uniporme. E panu kung armadong civilian, panu mo malalamang private army ang kaharap mo? Sige nga. Kapag nakaatraso mo ang mga tulad nito, panu kana? Panu kung kursanadahin ka, panu na? Patay kang bata ka.
Panu kung mag armas ang mga makapangyarihang pamilya at maggiyera giyera sila dun, panu kana kapag naipit ka sa crossfire or mapagkamalang kang kabilang sa karibal na pamilya, panu kana? Edi abutin mo din yung inabot nung 57 katao or mas malala pa?
Wala sa Constitution din yun pero nangyayari yun sa Maguindanao so hahayaan nalang pala nating maging ganun sitwasyun dun ganun ba kasi overkill daw kasi Martial Law e âunconstitutionalâ.
Nakakasawa na kasi ang kakatalak ng iilan sa atin at mas nakakasawa na dahil limang administration na nakalipas at me mga uto uto padin nagpapadala sa grandstanding ng mga pulitiko. Nagmumukha na tayong mga tangaât bobo dahil di tayo matuto tuto sa mga pagkakamali natin..pwe!
Thank god I have found a site of news that I can post a comment.
First of all I was monitoring the developments of this case. from the first hour it happen up to now. my centiment goes to the victims and my rage to the perpitrators. I myself approve the imposed Martial Law in Maguindanao province specially in shariff Aguak the capital of Maguindanao, and I know the Maguindanawan very well specially the ampatuans and they are capable of having an army that is more high tech than the AFP and PNP, they have guns that are not used by the AFP and PNP, they weapons like U.S. army standard issue, that's why they are so eager to kill people. it is the right decision to impose martial law to avoid more bloodshed in maguindanao, and the authority shoud move swiftly so that this will end peacefully.
I don't understand why they opose the martial law, this is not the era of marcos this is the era of new generation people are watching not only internally but international people also monitoring, the administration is very aware of the situation. out president maybe corrupt but i dont think she will have a gut's to impose martial law to the whole country just to prolong her power.
The ampatuans are very corrupt people, they build palace like home and capitol run entirely by their family but their people that sorround the capital are very poor, I hope the news will try to high lights this house, one cannot imagine that people around them live in hut like house. poorly image but the ampatuans capitol and houses are shinny, very corrupt people
It's just right that these rascals be thrown to hell. But may somebody explain to some of us uninitiated to the complications of the law that the president can only declare martial law in certain instances. And no rebellion is taking place in maguindanao THEREFORE Martial law is unjustified. We seem as a nation have the propensity to violate the law to suit our own agenda. Let us uphold the law for a change. Dont let this president violate it with impunity.
The cat is out of the bag, or the can of words is out for everyone to see. Maybe it's time for a more lasting peace arrangement with the Mindanao clans. Have a census of all the historic clans, rebel or not, and open an office to take care of their concerns. The Phils. has an interest in preserving their cultural significance but their political impact must be limited to individual clans. Moreover, the country also has a responsibility over the clan slaves, the ordinary people who need their voices heard and concerns taken care of.
coming from those who are from the area or have at least lived there to assess the situation, i agree with you.... can't say why we are still polarized with the issue on martial law being imposed, when the Ampatuan's keep so much guns.. this is for what? to kill people??? people are dying and when will it stop, if normal policing did not stop it what and who shall we turn to???
..easy for you to say mr.leonen, pero kung may alam kang mas maganda gawin para maresolba ang case ng maguindanao massacre, why not go there yourself, tingnan natin kung may magagawa ka.. ang hirap sa ating mga kababayan na malayo sa situwasyon ay napakadaling mag comment ng kung ano-ano, eh wala rin naman naitutulong..
I really don't understand filipinos. They are the number one flip flops.
They condemned the maguindanao massacare. They acccused the ampatuans of killers, creating fear on the people.
They condemned the government of neglect, doing nothing.
Now, the government is doing its best to restore peace in the province and to prevent escalation of war and violence by declaring martial law, they are dondemning the government of overacting.
The question is which sides are you... mga balimbing, flipfloppers.
Martial law is not the issue, the slaughter is.
How can you not declare martial law when the entire provincial government is composed of the Ampatuans.
And why would police personnel risk their lives with their measly pay?; to arrest people wielding high caliber assault rifles.
This is an extreme condition which warrants extreme measures.
You can complain about the government all you want, but what actions can you actually do in a situation like this?
LINGAS KUGON! DI NATUTO ANG PILIPINO.
SAYANG LANG ANG MGA NAG-AARAL NG ABUGASYA. DAHIL WALANG HUSTISYA.
HINDI NA MAIPATUPAD ANG BATAS.
SA HUKBONG SANDATAHAN NG PILIPINAS AT PULISYA, MAIIHALINTULAD NATING ISANG "PUPPET".
HALOS MGA GRADUATE NG PMA, PNPA AT IBA PANG INSTITUSYON.
SILA ANG PAHIRAP SA BANSA.
IILAN ANG MATITINO SA KANILA MABIBILANG SA DALIRI, SILA YUNG MGA KINULONG.MAY PRINSIPYO AT DANGAL.
HANGGA'T MAY UMIIYAK AT NAGHIHINAGPIS NA KAMAG ANAK.
ANG KATARUNGAN AY HINDI NA NATIN
MAKAKAMTAN.
HANGGA'T MANGMANG, GUTOM ANG MGA KAPWA NATING PINOY . HINDI NATIN MARARANASAN ANG ANG TUNAY NA DIWA NG DEMOKRASYA!
competent police work...oxymoron?
Ewan ko ba kung gago ba tayo o pinanganak lang talaga tayong bobo! After the maguindanao marshall law then what's next? will the history repeat itself? Bakit hindi kasali ang basilan? Bulok na sistema!! It is all about Trash..
Arroyo must conclude the MILF talks before election time to replace
Ampatual command votes, that is if a national martial law is not declared first.
BEING A FILIPINO'
Comelec commisioner ferrer is a tuta-a dog to the administration- after gov. padaca isunod naman niya si gov. Panlilio, to vacate his post as gov'nor. we are sure of that.
Gov. Padaca-just new from politics with good reputations from the people pinagbintangan na nandaya sa kalaban na mga DY's in isabela,that are longtime in politics, bad reputation from the people. hohohoh comm. ferrer alam ko na ang isunod mo si gov. Panlilio na naman and proclaim the Pineda as winner at pagbintangan na naman ang pari nandaya sa election. hohohoh..tuta ka ni gloria...comm. ferrer..kahit sinong magbabasa ng newspaper magalit sa administration na ito.
It takes one to live in Musliam areas in Mindanao to know how to resolve and maintain the equilibrium state. In Iligan, if one christian is killed in marawi, one muslim is also killed in Iligan. A tooth for a tooth kumbaga.
Martial law is a must in that part of Mindanao. It is prudent to impose martial law because of the power the Ampatuans hold over the people of Maguindanao and vicinity. This is FORESIGHT in the works! The government does not have to wait for the conflagration to swallow the whole area before dousing the fire of dissent!
It is well documented that there are followers of the Ampatuans who are willing to die for the sake of their warlord. It does not matter for them what the Philippine law says. For them, the law is the Ampatuans!
On the other hand, the government should be wary about pursuing rebellion charges on account of the massacre. The danger lies on the fact that rebellion charges can swallow the murder part of the massacre. One only has to remember Missuari on the case of Sulu. Missuari is now free after the moro-moro trials. We hope the Ampatuan's case would be different!
In the event that the government and military pursue the rebellion charges, they should separate this case from the murder charges. The murders happened AHEAD of the offshot rebellion by the Ampatuan clan and should be dealt with separately.
It's easy for you to say. Competence can be achieved only in a conducive environment to practice it, not in Maguindanao. Martial law is the answer in lawless areas like that. That part of the Philippines is like Tora-Bora in Afghanistan and Pakistan where BinLaden is hiding. You asked for him around and they direct you to an ambush site. Are you living in reality?
Atty. Leonen, magpunta ka nga dito sa Maguindanao at wag ka magsama ng military escort. tingnan ko lang kung ano mangyari sayo. wag ka magsulat pag hindi mo alam ano nangyayari dito. ito ang dahilan bakit ayaw namen sa mga taga maynila. arrogante at feeling alam nila ang lahat. mas panatag loob namen ngayong nagbabantay ang mga sundalo dito.
Haaay, lahat kayo walang sinabi. Buti pa tumahimik na lang kayo. Pati ako. he he he.
Martial Law... maybe the only answer to put this gruesome carnage into a halt. However, how will it solve the problem? It just conceals evidence, terrorize terrorists and blinds the media.
the massacre occurred precisely because the government is not doing its job. and now, martial law is imposed to cover up its own weakness. bakit, saan ba galing ang mga armas at bala ni ampatuan? sa military naman galing lahat yon.
Being Filipinos we know how deep Filipino schemes and plots could be. A dictator could manufacture chaos, even stage their own failed ambush, to justify superpowers. Some politicians even sacrifice their own relatives what more innocent civilians? Such clan wars, headhunting, rebellions, haciendero landgrabbing, kidnapping for ransom and whiteslavery, political brat impunity, drug wars, thrill-killers, serial rapists, livestock rustlers, etc. were prevalent in Luzon in the 1960's, but we used to have the Phil. Constabulary to deal with these lawlessness in the country-side since a normal police force is insufficient. Marcos elevated crime to rebellion to justify his Martial Law, so the bandits are now classified as rebels and were able to raise foreign financial support. The question is, why do one need Mindanao to remain part of the Phils. if one can practically own (an autonomous version of) it through a Corp. (e.g. shadow gov't)? It's a classic Queen's gambit.
Maybe it's all semantics, we do not want Martial Law anywhere in the Phils., but we want a very strong Peacekeeping Force, Administration of Justice, and extreme transparency in Mindanao.
w/in parameters..
i found this vid at youtube.com i'm not exactly convinced that it is right could any of you guys tell me? it can be found at this link http://www.youtube.com/watch?v=suOA6YpMBac thank you in advance
:O So mush Info :O THis Is he MOst AMAzing SIte DUDe :D
I am a journalist and I was shocked to read about the massacre of civilians in Ampatuan. More than 57 people were killed including 34 journalists. I strongly feel that incidents like these are a shame to Philippines which used to be the second wealthiest country in East Asia (next only to Japan) after World War II. Needless to say it is not a safe country and Life alert cost for journalists like us. I have worked in Iraq but have never come across any such massacres in that nation.
I'm the same way, I do my best to remain neutral. It's hard, if you communicate with the person the other person dislikes, then you fall out of favor with them! I simple can't dislike a person, just because someone else does, I just can't.
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