Tag Archive: Problems with NSO Birth Certificate


06 - 05 (2)

Minerva was already 23 years old when she learned that her father is married with children before she was born.  She learned about it the hard way – when she landed her first job, her supervisor turned out to be her father’s eldest son from his previous marriage, making him her half-brother.

She did her research and found out that her father’s marriage with his previous wife is still in effect; he had not filed for an annulment and in fact, has been sending financial support for his children while staying with Minerva and her mom!

What proved to be more difficult and confusing for Minerva is the fact that her status in her birth certificate is ‘Legitimated’ (due to subsequent marriage).  As far as she knows, she was born before her father (who was presumed to be single then) and mother were ‘married’.  They got married when Minerva was 7 years old, she even stood as flower girl during their wedding!

Now that it looks like her father is not even legally capable of ‘marrying’ her mother in the first place, what does that make of her ‘legitimation’?

What is ‘Legitimation’?

According to the Philippine Statistics Authority (PSA) website, legitimation is a remedy by means of which those who in fact were not born in wedlock and should, therefore, be considered illegitimate, are by fiction, considered legitimate, it being supposed that they were born when their parents were already validly married.

Who can be ‘Legitimated’?

Legitimation may be done for children who were conceived before their biological parents were married, provided that their parents were not disqualified by any impediments to marry each other.

For a child to be considered legitimated by subsequent marriage, it is necessary that:

  • The parents could have legally contracted marriage at the time the child was conceived;
  • That the child has been acknowledged by the parents before or after the celebration of their marriage; and
  • The acknowledgment was made with the consent of the child, if age or with the approval of the court, if a minor, unless it has been made in the certificate before a court of record, or in any authentic writing.

In all aspects, Minerva’s legitimation would have been legal and binding except for the fact that her father is married to another woman at the time he ‘married’ Minerva’s mother.  Effectively, this invalidates Minerva’s legitimation because the marriage between her parents is invalid.  In fact, she is not even qualified for legitimation.

Can a legitimation be cancelled?

Yes it can be cancelled by filing a petition for cancellation before the court where the petitioner’s birth certificate was registered.  The petitioner will need the assistance and guidance of a lawyer.  When approved, the civil registrar shall again annotate in the birth certificate that the ‘legitimation’ (also a previous annotation) is hereby cancelled.

Source: www.psa.gov.ph

Chips And Nibblers (1)

Closet Queen

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05 - 29

The Philippines is the bastion of Christianity in Asia with over 93% of our population listed as Christians; we ranked 5th worldwide according to a 2011 report of the Philippine Daily Inquirer.  Filipinos take religiosity pretty seriously.  To us, it is not just some form of affiliation or membership, it is a legacy passed on to us, an identity we must protect and preserve at all costs.

And so it IS a big deal to have to find out that your religion, as written in your birth certificate, is anything but Catholic or Christian. 

Such was the case of Arabah Joy Quinto, a Roman Catholic by birth.  After receiving an Exchange Scholar grant from her high school, she immediately applied for a passport at the Department of Foreign Affairs (DFA).  She thought she had all the needed documents prepared until she was required to submit a certificate from the Office of Muslim Affairs (OMA)!  Apparently, her birth certificate shows that her parents are Muslims.  She insisted that her entire family has always been devout Roman Catholics, all of them baptized by the Catholic Church as supported by their birth certificates.  The DFA would have none of it; either she presents the required OMA or have the entries in her birth certificate corrected.

How to Correct a ‘Wrong Religion’?

There are two ways of rectifying incorrect entries in a birth certificate:

  1. Under RA No. 9048 or Clerical Error Law (as amended by RA 10172) if the matter involved correcting typographical errors in the First Name, Place of Birth, Day and month of Birth , or Gender.
  2. Through a petition in court if the correction is not covered by any of the above cases.

Correcting the entries in ‘Religion’ is not included in the errors covered by RA 9048 or 10172.

In this case, Arabah Joy needs to file a petition for Correction of Entry in the Regional Trial Court of the place where her birth was registered.  Once filed, the court shall set the case for a hearing, followed by publication of the correction in a local newspaper.

As soon as the petition is granted, the LCR of Arabah’s birth place will receive a certified copy of the court’s decision.  The LCR will be directed to apply the necessary annotations on Arabah’s birth certificate, so that the same shall now reflect her parents’ correct religion.

The first corrected copy of Arabah’s birth certificate may be requested from a PSA office while succeeding copies may be ordered online at www.psahelpline.ph

If you have questions about civil registration in the Philippines, please feel free to drop usa  line and we will do our best to find the answers for you.

Sources:

www.psa.gov.ph

www.gov.ph (The Family Code of the Philippines)

www.manilatimes.net

Chips And Nibblers (1)

Closet Queen

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Manila City Hall_12

If the place of birth written on your birth certificate is not the same as the one written on your passport or any other document that you use as an identification, you might encounter problems with your transactions as this is a vital ID information.

Here are the steps you need to follow when filing for correction of your place of birth under RA 9048:

What You Need To Bring:

(a). 2 latest certified LCR copies and 2 latest PSA (formerly NSO) copies of birth certificate to be corrected.

(b). 2 latest certified copies of certification from the hospital indicating the exact hospital address.  IF the hospital or clinic where the birth certificate owner was born is no longer in existence, the petitioner needs to submit a certification from the Barangay stating that the said hospital or clinic was formerly established in the area and is now no longer in operation.

(c). 2 copies of baptismal certificate.

(d). 2 copies of school records, Elementary and High School, either Form 137/138 or Certificate or College Transcript of Records (TOR).

(e). 2 Certified copies of Voter’s Registration record/voters’ affidavit (COMELEC).

(f). 2 copies of valid ID of the petitioner and the document owner and 1 copy of latest community tax certificate from the place of work or residence.

(g). SPA (Special Power or Attorney).  If the petitioner is abroad, or sick, he/she can be represented by a lawyer or his/her nearest relative (up to third degree of consanguinity).

Reminders:

  1. All civil documents from the PSA (Birth, Marriage, and Death) to be submitted should be the latest certified local copy or on Security Paper from the PSA.
  2. After the compliance of the requirements, please proceed to the information counter.  Only applicants with complete requirements will be allowed to proceed to pre-interview.
  3. Processing of the petition is four (4) months and will commence on the date the petition is received by the Manila City Hall.
  4. Payments are as follows:
    • Registration Fee – P1,000
    • Certified Xerox Copy – P230
    • Transmittal Fee – P210
    • Additional Payment  for documents with supplemental – P30

Please be advised that the city hall does not conduct interviews during Fridays.

Source: http://manila.gov.ph/services/civil-registry/

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Manila City Hall_11

A misspelled first name on your birth certificate can be detrimental to important transactions like applying for a passport or claiming an inheritance.  If you have a couple of letters missing or added to your first name, have it corrected as soon as you can.

Here are the list of requirements and steps to follow when filing a petition for correction of a misspelled first name for single individuals (not married):

Requirements:

  1. 2 copies of PSA birth certificate (formerly NSO) to be corrected.
  2. 2 copies of baptismal certificate.
  3. 2 copies of school records (Elementary and High School either F-137/138 or Certification or College (Transcript of Records).
  4. 2 certified copies of voter’s registration record/voter’s affidavit (COMELEC).
  5. 2 latest original NBI Clearance (purpose: For Change of Name)
  6. 2 latest original PNP Clearance (purpose: For Change of Name)
  7. 2 copies of valid IDs of the petitioner and the document owner and 1 copy of latest community tax certificate from the place of work or residence.
  8. Other documents which the Office may consider relevant and necessary for the approval of the Petition (GSIS/SSS Records, school diploma, medical records, business records, school records, service records, insurance, certificate of land title, passbook, etc.)
  9. SPA (Special Power of Attorney), if the petitioner is not the document owner (ex. auntie, uncle, godparents, client, friend, colleague, etc.)

Reminders and Fees:

  1. All civil documents (birth, marriage, and death) to be submitted should be the latest certified local copy when issued in Manila.  If issued outside Manila, present the PSA birth certificate (on PSA Security Paper).
  2. Submit all requirements to R.A. 9048 receiving table for assessment and initial interview.  Please bring all original documents and IDs and proceed to Table 1.
  3. Proceed to the Computer Table for the preparation of Petition Paper.
  4. Line up for the final interview.  The city hall follows a first-come, first-served policy for interviews.
  5. Proceed to Room 214 (City Legal’s Office) to have the petition notarized.
  6. Pay the following fees at the Tax Payer’s Lounge:
    • Registration Fee – P1,000
    • True Copy Fee – P230
    • Transmittal Fee – P210
  7. Receiving and filing of petition paper and all documents.  You may also secure a schedule for follow-ups at Table 3.

The City Hall of Manila does not conduct interviews during Fridays.

Source: http://manila.gov.ph/services/civil-registry/

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Manila City Hall_10

When the details of your parents’ marriage, as reflected on your birth certificate, do not coincide with the details written on their marriage certificate, your birth right or legitimacy may be placed in question.  The consequences of these types of errors may have an impact on your future transactions involving your parents such as a petition for their migration to join you in another country or when you claim your inheritance and other benefits after they have passed away.

If you have this type of error on your birth certificate, have it corrected right away.  Below are the requirements and processes when filing at the Manila City Hall.

Requirements:

(a). 2 latest certified copies and 2 latest copies of PSA birth certificate (formerly NSO) to be corrected.

(b). 2 latest copies of PSA marriage certificates (formerly NSO) of document owner’s parents.

(c). 2 latest copies of PSA birth certificates (formerly NSO) of document owner’s siblings.

(d). 2 latest copies of CENOMAR of both parents from PSA (formerly NSO).

(e). 2 latest certified copies of parents’ marriage contract from the church stating the date of the civil marriage and / or certificate of no record of parents’ marriage contract in reference to the erroneous date and place of marriage indicated in the birth certificate to be corrected.

(f). 2 copies of baptismal certificate.

(g). 2 copies of school records, from grade school to high school, either F-137/138 or Certification or College TOR.

(h). 2 copies of valid ID of the petitioner and the document owner and 1 copy of latest Community Tax Certificate from the place of work or residence.

(i). SPA (Special Power of Attorney) if the petitioner is out of the country or sick and incapable of appearing personally at the city hall, he/she can be represented by a lawyer or his/her nearest relative (up to third degree of consanguinity).

Procedure:

(a). All civil documents (birth, marriage, and death) must be the latest certified local copies or printed on Security Paper from the PSA (formerly NSO).

(b). Bring the complete set of documents to the Manila City Hall; proceed to the information counter and secure a number for the pre-interview session.  Bring all original copies of the supporting documents for verification purposes.

(c). Steps to be followed will be provided after the Final Interview.

(d). Processing of the Petition is four (4) months and will commence on the date when the petition was received at the City Hall.

(e). Fees:

  • Registration Fee – Php 1,000.00
  • Certified Photocopy – Php 230.00
  • Transmittal Fee — Php 210.00
  • Additional Payment for documents with supplemental reports – Php 30.00

No interviews every Friday.

Source: http://manila.gov.ph/services/civil-registry/

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Manila City Hall_4

As Filipinos, we consider it very important to use our mother’s maiden last name as our middle name.  Although we are widely known to practice patriarchal system in families (and sometimes, businesses), we are also known to give utmost reverence to our mothers and her lineage.

That is why it is important to make sure that the middle name written on our birth certificates are accurate and can be read clearly.  Any discrepancy on the middle name and mother’s maiden name declared on our civil registry documents may cause problems in our transactions in the future.

The following is a detailed article on how Manila residents can file for the correction of clerical errors on their Middle Names and their Mother’s Name on their birth certificates.  Please note that although majority of the entries are consistent with how other city halls process this type of petition, there may just be some distinct processes and requirements that are applicable only at the Manila City Hall.  These were lifted from the website of the Manila City Hall.

What Do I Need To Bring?

(a). 2 copies of latest PSA birth certificate of your mother.

(b). If your mother is deceased, bring 2 copies of PSA death certificate.

If you were issued a Certification of No Record”, please submit a copy of Birth Certificate or Marriage Contract of your mother’s brother or sister.

(c). 2 copies of PSA Marriage Certificate of your parents.

If you were issued a Certificate of No Record, please submit birth certificate of at least 2 brother or sister.

(d). 2 copies of baptismal certificate

(e). 2 copies of school records (Elementary, High School, or College).  Form 137 or Transcript of Records will do.

(f). 2 certified copies of Voter’s Registration record/voter’s affidavit (COMELEC).

(g). 2 copies of valid IDs of the petitioner and the document owner and 1 copy of latest community tax certificate from the place of work or residence.

(h). Other documents which the Office may consider relevant and necessary for the approval of the Petition.

Reminder: All Marriage Contracts, Birth and Death Certificates to be submitted should be latest certified Xerox copies if issued in Manila.  If issued outside Manila, all documents must be in Security Paper of PSA (formerly NSO).

Step-by-step Process

(a). Submit all documentary requirements to R.A. 9048 receiving table for assessment and initial interview.

(b). Bring all original documents and I.D.s to Tables 1 & 2.

(c). Have your petition paper prepared at the Computer Table.

(d). Line up for your interview.  Please come early as this follows a “first come, first served” queuing system.

(e). After your interview, proceed to Room 214 (City Legal’s Office) for notarization.

(f). Pay the necessary fees at the Tax Payer’s Lounge.

  • Registration Fee – P1,000
  • Certified True Copy Fee – P230
  • Transmittal Fee – P210

(g). Proceed to Table 3 and have your petition papers and all other documents “Received”.  You will be give a schedule for follow ups on the status of your petition.

Please be reminded that the Manila City Hall does not conduct interviews during Fridays.

Source: http://manila.gov.ph/services/civil-registry/

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Manila City Hall_2

Any discrepancy on your first name on your birth certificate is sure to cause problems and delays on your transactions later on.  It is your responsibility to have this corrected to avoid issues with your records and other IDs such as your driver’s license and passport.

The Manila City Hall has released a clear, step-by-step process for citizens who need to have their first names corrected.  Included as well is the list of documentary requirements that applicants need to have on hand for this particular transaction.

Here is the second part in this 16-part series on Civil Registry procedures at the Manila City Hall:

DOCUMENTARY REQUIREMENTS:

(a). 2 latest certified/local copies and 2 latest PSA (formerly NSO) copies of birth certificate to be corrected.

(b). 2 latest certified copy of PSA (formerly NSO) marriage contract of the document owner.

(c). 2 latest certified copies of PSA (formerly NSO) birth certificate of at least 2 children of the document owner.

(d). 2 copies of baptismal certificate.

(e). 2 copies of school records, (Elementary and High School either F-137/138 or Certification) or College (TOR)

(f). 2 certified copies of voter’s registration record/voters affidavit. (COMELEC)

(g). 2 latest original NBI Clearance. (PURPOSE: FOR CORRECTION OF FIRST NAME)

(h). 2 latest original PNP Clearance. (PURPOSE: FOR CORRECTION OF FIRST NAME)

(i). 2 copies of valid ID of the petitioner and the document owner and 1 copy of latest community tax certificate from the place of work or residence.

(j). Other documents which the Office may consider relevant and necessary for the approval of the Petition.

(GSIS/SSS Record, Diploma (Grade School, High School, or College/Vocational), Medical Record, Business Record, Service Record, Insurance, Certificate of Land Title, Passbook etc.

(k). SPA (Special Power of Attorney), If the petitioner is abroad, or sick, he/she can be represented by lawyer or his/her nearest relative (up to third degree of consanguinity).

PROCESS AND REMINDERS:

(a). All civil documents (Birth, Marriage and Death) to be submitted should be the latest certified local copy or Security paper from PSA (formerly NSO).

(b). After the compliance of the requirements, please proceed to the information counter and get a number for the Pre-interview and bring the original copies of the supporting documents (Personal Records).

Please be reminded that only the applicants with complete set of requirements will be entertained for pre-interview.

(c). Steps to follow will be provided after the Final Interview.

(d). Processing period of the petition is four (4) months and will commence on the date the petition is received by the Office.

(e). Payments are as follows:

  • Registration Fee (P 1,000.00)
  • Certified Xerox Copy (P230.00)
  • Transmittal Fee (P 210.00)
  • Additional Payment of 30.00 (Document with supplemental report.)

Please be reminded that the City Hall does not conduct interviews during Fridays.

Source: http://manila.gov.ph/services/civil-registry/

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Father Changed Name on Marriage Certificate

Mildred is the eldest daughter of Mang Gerry and Aling Myrna.  She migrated to the U.S. and earned her citizenship when she married her fiancé who is a natural-born citizen of America.  Two years after she was sworn in, she petitioned for her parents to legally stay in the U.S. with her and her husband.

Part of the requirements she needs to submit were her parents’ birth and marriage certificates.  When she received the copies of the documents, she was surprised to find out that her father’s names on his birth and marriage certificates were different.

On his marriage certificate, his name is written as Gerardo Perez Gonzales.  On his birth certificate, his name is Geronimo Perez Gonzalez.  Mildred knew this will cause delays on her petition if not addressed right away.

She talked to her father about the discrepancies.  Why did he use a different name all his life?  Why did he not tell his wife who he really was?

Mang Gerry admitted that he was not even aware that his real name is Geronimo; his parents and siblings have always referred to him as Gerardo.  All his school records show his name as Gerardo and his last name as Gonzales, not Gonzalez.  In all of his employment records, he used the name Gerardo Gonzales.  He does not have any other record as Geronimo Gonzalez except for his PSA birth certificate.

The family decided to have the entries on Mang Gerry’s birth certificate corrected in order to agree with all his identification cards and personal documents, including the birth certificates of his children where his name is also written as Gerardo Gonzales.

On the Philippine Statistics Authority (PSA) website, www.psa.gov.ph Mang Gerry’s problems on his first and last names are covered by two scenarios:

  1. First name used is different from the first name entered in the birth certificate.
  2. Last name is misspelled.

For both cases, Mang Gerry may file for petitions under R.A. 9048.

To change his first name from Geronimo (written on his birth certificate) to Gerardo (the name he is using), he needs to file a Petition for Change of First Name.  To support his petition, he needs to submit the following documents:

  1. Certified machine copy of the birth record containing the entry to be corrected;
  2. Not less than two (2) private or public documents upon which the correction shall be based like baptismal certificate, voter’s affidavit, employment records, GSIS/SSS records, medical records, business records, driver’s license, insurance, land titles, certificate of land transfer, bank passbook.
  3. Notice / Certificate of Posting;
  4. Payment of P3,000 as filing fee.
  5. Other documents which may be required by the concerned civil registrar such as:
    • NBI/Police Clearance
    • Civil registry records of ascendants and other clearances as may be required by the concerned civil registry office
    • Proof of Publication

To correct his last name, from Gonzalez to Gonzales, Mang Gerry may file a petition for correction of clerical error under the provisions of R.A. 9048.  For this petition, he needs to submit the following supporting documents:

  1. Certified machine copy of the birth record containing the entry to be corrected;
  2. Not less than two (2) private or public documents upon which the correction shall be based like baptismal certificate, voter’s affidavit, employment record, GSIS/SSS record, medical record, business record, driver’s license, insurance, land titles, certificate of land transfer, bank passbook, NBI/Police Clearance, civil registry records of ascendants.
  3. Notice / Certificate of Posting
  4. Payment of P1,000 as filing fee.
  5. Other documents which may be required by the concerned civil registrar.

Source:

https://psa.gov.ph/civilregistration/problems-and-solutions/wrong-spelling-0

https://psa.gov.ph/civilregistration/problems-and-solutions/first-name-used-different-first-name-entered-birth

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Single Mom

Illegitimate children are able to carry their father’s last name by virtue of an Affidavit of Acknowledgment and an Affidavit to Use the Surname of the Father (AUSF).  Should the parents decide to get married later on, the illegitimate children’s birth rights may also be changed from “illegitimate” to “legitimate” through the process of Legitimation Due to Subsequent Marriage (of parents).

In some cases though, the father exits the picture and the mother is left to take care of the children on her own.  This can go from bad to worse when the father ends up marrying a different woman, completely abandoning his responsibilities with his children from his previous relationship.

Such is the case of Patty, a single mother of 2 children, born 2 years apart.  She is a call center agent and is raising her kids with the help of her parents.  Her boyfriend, Alex, left her and their children before her youngest son was even one year old.  He said that he was leaving for the U.S. to work and promised to send financial support for the children’s needs and education.  A few months after he left, Alex told Patty that he needs to marry his high school classmate who is now a U.S. citizen in order for him to legally work in Florida.  “Marriage for convenience lang.”

Patty’s worst fears were confirmed when she received an email from Alex telling her that he and his wife will be migrating to New Zealand soon and he could no longer promise to send his regular support for their children.  A few months after that, Patty found out that Alex and his new wife were expecting their first child.  She was devastated.

Patty’s children carry Alex’s last name in all of their identifications, including their PSA birth certificates.  Now that Patty is left to raise both kids on her own, she would like for the children to drop their father’s last name and carry hers instead.  She would not allow for Alex to have the honor of giving his name to his children when he has now clearly abandoned them for his new family.

Question is, can Patty have Alex’s last name dropped from the children’s birth certificates?

Based on the Philippine Statistics Authority (PSA) website, www.psa.gov.ph, an illegitimate child has the right to carry his father’s last name for as long as the father duly acknowledged him by virtue of the following:

  • The father executed an Affidavit of Acknowledgement
  • The father presents a Private Handwritten Instrument (PHI)
  • The father acknowledged the child at the back of the birth certificate or in a separate public instrument.

With respect to any of the above conditions, the child’s birth certificate bears his father’s last name as his last name.  Although he is still considered “illegitimate” (since his parents were not married at the time of his birth), he is given the right to use his father’s last name.

Dropping or removing the father’s last name from the children’s birth certificate, even if their birth right is illegitimate, must go through a court order.  It is not considered a clerical error and therefore, changing the child’s last name cannot be done by simply filing a petition for clerical error.

Source: https://psa.gov.ph/civilregistration/problems-and-solutions/born-after-august-3-1988

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Change of First Name

Liezel is a 34-year-old mom who has been using two first names all her life.  All her documents and transactions show her first name as Maria Liezel: on her marriage contract, on her children’s birth certificate, her land titles, and tax declarations.  Even her bank accounts and driver’s license show her name as Maria Liezel.  However, on her PSA birth certificate, her first name is indicated only as Liezel. No Maria or Ma.

  1. Is this considered a clerical error?
  2. Does she need to have her name on her children’s birth certificates corrected to make it consistent with what is reflected on her birth certificate?

According to the Philippine Statistics Authority website (www.psa.gov.ph), such errors can be corrected under R.A. 10172 (Civil Registration Laws).  Liezel’s case is not considered as clerical error (the missing Liezel from her first name).  What she needs to do is have her name on her birth certificate changed from Liezel to Maria Liezel under R.A. 10172.

To process this, Liezel needs to do the following:

  • Submit a petition for change of first name.  This shall be in the form of an affidavit, subscribed and sworn to before any person authorized by law to administer oaths.
  • The affidavit shall set forth facts necessary to establish the merits of the petition, showing affirmatively that the petitioner is competent to testify to the matters stated.
  • The petitioner shall state the particular erroneous entry or entries, which are sought to be corrected and / or the change sought to be made.
  • The petition shall be supported with the following documents:
    • A certified true machine copy of the certificate or of the page of the registry book containing the entry or entries sought to be corrected or changed;
    • At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based;
    • Other documents which the petitioner or the city or municipal civil registrar or the consul general may consider relevant and necessary for the approval of the petition.
  • The petition for change of first name shall be published at least once a week for two consecutive weeks in a newspaper of general circulation.
  • Petitioner shall submit a certificate from the appropriate law enforcement, agencies that he has no pending case or no criminal record.
  • The fees to be collected for this type of petition shall be determined by the city or municipal civil registrar.  Indigent petitioners are exempted from paying the said fee.

Source: https://psa.gov.ph/civilregistration/civil-registration-laws/republic-act-no-10172

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