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collection of Philippine laws, statutes and codes
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Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 1275
PRESIDENTIAL DECREE NO. 1275 -
REORGANIZING THE PROSECUTION STAFF OF THE DEPARTMENT OF JUSTICE AND THE
OFFICES OF THE PROVINCIAL AND CITY FISCALS, REGIONALIZING THE
PROSECUTION SERVICE, AND CREATING THE NATIONAL PROSECUTION SERVICE
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chanroblesvirtualawlibrary
WHEREAS, to
improve the quality of prosecution services, it becomes imperative, in
the public interest, to reorganize and restructure the entire
prosecution system, in line with the general reorganization of the
executive branch of the government which is a priority measure of the
Administration; chanroblesvirtualawlibrary
WHEREAS, there is a need to regionalize the prosecution service in line
with the government policy of decentralization, to rationalize the
allocation of prosecution positions and functions in accordance with
the requirements of the service, and to upgrade the salaries of all
prosecutors, and of provincial and city fiscals;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
order and decree the following:cralaw:red
Section 1. Creation of the National Prosecution
Service; Supervision and Control of the Secretary of Justice. — There
is hereby created and established a National Prosecution Service under
the supervision and control of the Secretary of Justice, to be composed
of the Prosecution Staff in the Office of the Secretary of Justice and
such number of Regional State Prosecution Offices, and Provincial and
City Fiscal's Offices as are hereinafter provided, which shall be
primarily responsible for the investigation and prosecution of all
cases involving violations of penal laws.
The power of supervision and control vested in the Secretary of Justice
includes the authority to act directly on any matter within the
jurisdiction of the Prosecution Staff, the Regional State Prosecution
Office or the Office of the Provincial or City Fiscal and to review,
modify or revoke any decision or action of the Chief of said staff or
office.
Section 2. The prosecution Staff : Functions. — There
shall be a Prosecution Staff in the Office of the Secretary of Justice,
which shall perform the following functions under the control of the
Secretary of Justice:cralaw:red
(a) Investigate administrative charges against
fiscals and other prosecution officers;chanroblesvirtualawlibrary
(b) Conduct the investigation and prosecution of all
crimes;chanroblesvirtualawlibrary
(c) Prepare legal opinions on queries involving
violations of the Revised Penal Code and special penal laws; and chanroblesvirtualawlibrary
(d) Review appeals from the resolutions of fiscals
and other prosecuting officers in connection with criminal cases
handled by them.
Section 3. Prosecution Staff ; Organization,
Qualifications, Appointment. — The Prosecution Staff shall be composed
of prosecuting officers in such number as hereinbelow determined. It
shall be headed by a Chief State Prosecutor who shall be assisted by
three Assistants Chief State Prosecutors.
The Chief State Prosecutor, the three Assistants Chief State
Prosecutors; and the members of the Prosecution Staff shall be selected
from among qualified and professionally trained members of the legal
profession who are of proven integrity and competence and have been in
the actual practice of the legal profession for at least five (5) years
prior to their appointment or have held during like period, any
position requiring the qualifications of a lawyer.
They shall be appointed by the President of the Philippines upon
recommendation of the Secretary of Justice.
Section 4. Prosecution Staff : Composition and
Salaries. — The composition of the Prosecution Staff shall be as
follows:cralaw:red
One Chief State Prosecutor;chanroblesvirtualawlibrary
Three Assistant Chief State Prosecutors; chanroblesvirtualawlibrary
Six Senior State Prosecutors;chanroblesvirtualawlibrary
Six Senior State Prosecutors;chanroblesvirtualawlibrary
Six State Prosecutors;chanroblesvirtualawlibrary
Six State Prosecutors;chanroblesvirtualawlibrary
Six State Prosecutors;chanroblesvirtualawlibrary
Ten State Prosecutors;chanroblesvirtualawlibrary
Ten State Prosecutors;chanroblesvirtualawlibrary
Six State Prosecutors;chanroblesvirtualawlibrary
Six State Prosecutors;chanroblesvirtualawlibrary
Six State Prosecutors;chanroblesvirtualawlibrary
In addition, there shall be in the Office of the Secretary of Justice,
six Prosecution Attorneys, who shall be members of the bar, to be
appointed by the Secretary of Justice, and who shall assist the
Prosecution Staff in the performance of its functions as hereinabove
provided.
Section 5. Compensation. — The compensation of the
Prosecution Staff and Prosecution Attorneys shall be approved by the
President upon recommendation of the Commissioner of the Budget and
pursuant to P.D. No. 985.
Section 6. The Regional State Prosecution Office:
Regions. — There shall be an office, to be known as the Regional
Prosecution Office in each of the following regions:cralaw:red
Region I Center —
San Fernando, La Union
Area — Abra,
Benguet, Ilocos Norte,
Ilocos Sur, La Union, Mt.
Province, Pangasinan and the cities
of Baguio, Dagupan, Laoag and
San Carlos. chanroblesvirtualawlibrary
Region II Center —
Tuguegarao, Cagayan
Area — Batanes,
Cagayan Ifugao,
Isabela, Kalinga-Apayao, Nueva
Viscaya and Quirino.
Region III Center —
San Fernando, Pampanga
Area —
Bataan, Bulacan, Nueva Ecija,
Pampanga, Tarlac, Zambales and
the cities of Angeles, Cabanatuan,
Olongapo, Palayan and San Jose
Region IV-A Center —
Pasig, Metro Manila
Area —
Batangas, Cavite, Laguna,
Marinduque, Mindoro Occidental,
Mindoro Occidental, Palawan,
Quezon, Rizal, Romblon, Aurora
Sub-Province and the cities of
Batangas, Cavite, Lipa, Lucena,
Puerto Princesa, San Pablo,
Tagaytay and Trece Martires.
Region V Center —
Legaspi City
Area — Albay,
Camarines Sur, Camarines
Norte, Catanduanes, Masbate,
Sorsogon and the cities of
Legaspi, Naga and Iriga.
Region VI Center —
Iloilo City
Area — Aklan,
Antique, Capiz, Iloilo,
Negros Occidental and the cities of
Bacolod, Bago, Cadiz, Iloilo, La
Carlota, Roxas, San Carlos and
Silay.
Region VII Center —
Cebu City
Area — Bohol,
Cebu, Negros Oriental,
Siquijor and the cities of Bais,
Canlaon, Cebu, Danao,
Dumaguete, Lapu-Lapu, Mandaue,
Tagbilaran and Toledo.
Region VIII Center —
Tacloban City
Area — Eastern
Samar, Leyte, Northern
Samar; Southern Leyte, Western
Samar; Biliran Sub-Province and
the cities of Calbayog, Ormoc and
Tacloban.
Region IX-A Center —
Jolo
Area — Basilan,
Sulu and Tawi-Tawi.
Region IX-B Center —
Zamboanga City
Area —
Zamboanga del Norte and
Zamboanga del Sur and the cities
of Dapitan, Dipolog, Pagadian and
Zamboanga.
Region X Center —
Cagayan de Oro City
Area — Agusan
del Norte, Agusan del
Sur, Bukidnon, Camiguin, Misamis
Occidental, Misamis Oriental,
Surigao del Norte, and the cities of
Butuan, Cagayan de Oro,
Guingoog, Ozamis, Oroquieta,
Surigao and Tangub.
Region XI Center —
Davao City
Area — Davao
del Norte, Davao
Oriental, Davao del Sur, South
Cotabato, Surigao del Sur and the
cities of Davao and General Santos.
Region XII Center —
Cotabato City
Area — Lanao
del Norte, Lanao del Sur,
Maguindanao, North Cotabato,
Sultan, Kudarat and the cities of
Cotabato, Iligan and Marawi.
For purposes of this regionalization, Region IV comprising the cities
of Manila, Quezon, Pasay and Caloocan, as well as all the
municipalities comprised within the Metropolitan Manila Area under P.D.
No. 824, shall be placed directly under the administrative supervision
of the Chief State Prosecutor. chanroblesvirtualawlibrary
Section 7. The Regional State prosecution Office:
Staffing, Appointment, Qualification and Salaries. — Each State
Prosecution Office shall be headed by a Regional State Prosecutor, who
shall be assisted by an Assistant Regional State Prosecutor, and three
State Prosecutors, all of whom shall be appointed by the President upon
the recommendation of the Secretary of Justice.
The Regional State Prosecutors and the Assistant Regional State
Prosecutors shall have the same qualifications as those provided in
section 3 hereof for members of the Prosecution Staff.
They shall receive the same salaries provided for the Assistant Chief
Prosecutors and the higher ranking Senior State Prosecutors,
respectively, in section 5 hereof.
The three State Prosecutors shall have the same qualifications and
shall receive the same salaries provided for the highest ranking State
Prosecutors in sections 3 and 5 hereof.
The salaries herein fixed for the Regional State Prosecutors, the
Assistant Regional State Prosecutors, and the three State Prosecutors
as well as those of the subordinate personnel of the Regional State
Prosecution Office shall be paid entirely out of national funds and
included in the annual appropriations of the Department of Justice.
Section 8. The Regional State prosecution Office:
Functions of Regional State Prosecutor. — The Regional State Prosecutor
shall, under the control of the Secretary of Justice, have the
following functions: chanroblesvirtualawlibrary
a) Implement policies, plans, programs, memoranda,
orders, circulars and rules and regulations of the Department of
Justice relative to the investigation and prosecution of criminal cases
in his region.
b) Exercise immediate administrative supervision over
all provincial and city fiscals and other prosecuting officers of
provinces and cities comprised within his region.
c) Prosecute any case arising within the region.
d) With respect to his regional office and the
offices of the provincial and city fiscals within his region, he shall:cralaw:red
1) Appoint such member of subordinate officers and
employees as may be necessary; and approve transfers of subordinate
personnel within the jurisdiction of the regional office.
2) Investigate administrative complaints against
fiscals and other prosecuting officers within his region and submit his
recommendation thereon to the Secretary of Justice who shall, after
review thereof, submit the appropriate recommendation to the Office of
the President: Provided, that where the Secretary of Justice finds
insufficient grounds for the filing of charges, he may render a
decision of dismissal thereof. chanroblesvirtualawlibrary
3) Investigate administrative complaints against
subordinate personnel of the region and submit his recommendations
thereon to the Secretary of Justice who shall have the authority to
render decision thereon.
4) Approve requests for sick, vacation and maternity
leaves of absence with or without pay, for a period not exceeding one
year; for overtime services; for permission to exercise their
profession or to engage in business outside of office hours; for
official travel within the region for periods not exceeding thirty
days; and for benefits under Section 699 of the Revised Administrative
Code.
5) Prepare the budget for the region for approval of
the Secretary of Justice and administer the same.
6) Negotiate and conclude for services or for
furnishing supplies, materials and equipment for amount not exceeding
P50,000.00 for each quarter.
e) Coordinate with regional offices of other
departments, with bureaus/agencies under the Department of Justice, and
with local governments and police units in the region. chanroblesvirtualawlibrary
Section 9. Offices of Provincial Fiscals and City
Fiscals; Staffing. — There shall be in each province and each
sub-province; one provincial fiscal and such number of assistant
provincial fiscals as may hereinafter be provided for.
There shall be in each city one city fiscal and such number of
assistant city fiscals as may hereinafter be provided.
Section 10. Provincial Fiscals and City Fiscals and
their Assistants: Qualifications and Appointment. — No person shall be
eligible for appointment to the position of provincial fiscal city
fiscal, assistant provincial fiscal or assistant city fiscal unless he
possesses the same qualifications as members of the Prosecution Staff
as provided in Section 3 hereof.
Provincial and city fiscals and their assistants shall be appointed by
the President upon recommendation of the Secretary of Justice.
Section 11. Provincial Fiscals and City Fiscals;
Duties and Functions. — The provincial fiscal or the city fiscal shall:cralaw:red
a) Be the law officer of the province or city, as the
case may be. He shall have charge of the prosecution of all crimes,
misdemeanors and violations of city or municipal ordinances in the
courts of such province or city and shall therein discharge all the
duties incident to the institution of criminal prosecutions.
b) Investigate and/or cause to be investigated all
charges of crimes, misdemeanors and violations of all penal laws and
ordinances within their respective jurisdictions and have the necessary
information or complaint prepared or made against the persons accused.
In the conduct of such investigations he or his assistants shall
receive the sworn statements or take oral evidence of witnesses
summoned by subpoena for the purpose. chanroblesvirtualawlibrary
c) Investigate commissions of criminal acts and take
an active part in the gathering of relevant evidence. For this purpose,
the National Bureau of Investigation, the Philippine Constabulary and
other offices and agencies of the government shall extend to him the
necessary assistance.
d) Any provision of Republic Act No. 2264, otherwise
known as the Local Autonomy Act, and Republic Act No. 5185, also known
as The Decentralization Act, to the contrary notwithstanding, the
provincial or city fiscal may, concurrently with the Municipal Attorney
or with the Provincial Attorney/City Legal Officer, whose positions are
provided for in the above-mentioned Act, act as legal adviser the
various municipalities, and municipal districts of the province, or the
provincial or city government and its officers or of the city. As such
he shall, when so requested, submit his opinion in writing upon any
legal question submitted to him by any such officer or body pertinent
to the duties thereof.
e) Assist the Solicitor General, when so deputized in
the public interest, in the performance of any function or in the
discharge of any duty incumbent upon the latter, within the territorial
jurisdiction of the former, in which cases, he shall be under the
control and supervision of the Solicitor General with regard to the
conduct of the proceedings assigned to him and render reports thereon.
Section 12. Offices of the Provincial Fiscal: Their
Number in Each Province/Sub-Province. — There shall be in each of the
following provinces and sub-provinces the corresponding number of
provincial fiscals and their assistants: chanroblesvirtualawlibrary
a) Rizal:
One Provincial Fiscal
One First Assistant
Ten Second Assistants
Ten Third Assistants
Fourteen Fourth Assistants
Fourteen Assistants
b) Cebu:
One Provincial Fiscal
One First Assistant
Four Second Assistants
Four Third Assistants
Six Fourth Assistants
Eight Assistants
c) Pangasinan:
One Provincial Fiscal
One First Assistant
Three Second Assistants
Three Third Assistants
Six Fourth Assistants
Seven Assistants
d) Quezon:
One Provincial Fiscal
One First Assistant
Two Second Assistants
Two Third Assistants
Four Fourth Assistants
Five Assistants chanroblesvirtualawlibrary
e) Leyte; Negros Occidental:
One Provincial Fiscal
One First Assistant
Three Second Assistants
Four Third Assistants
Five Fourth Assistants
f) Bulacan; Nueva Ecija:
One Provincial Fiscal
One First Assistant
Two Second Assistants
Four Third Assistants
Four Fourth Assistants
g) Iloilo:
One Provincial Fiscal
One First Assistant
Four Second Assistants
Five Third Assistants
h) Pampanga; Batangas; Ilocos Norte; Ilocos Sur;
Laguna; Albay; Davao del Sur; Camarines Sur:
One Provincial Fiscal
One First Assistant
Three Second Assistants
Four Third Assistants
i) Cagayan; Isabela; Negros Oriental; La Union;
Misamis Oriental; Cavite; Zamboanga del Sur:
One Provincial Fiscal
One First Assistant
Three Second Assistants
Three Third Assistants
j) Benguet; Tarlac; Northern Samar; Bohol; Capiz;
Zamboanga del Norte; Palawan:
One Provincial Fiscal
One First Assistant
Two Second Assistants
Two Third Assistants
k) Western Samar; Zambales; Sorsogon; Masbate;
Surigao del Norte; Surigao del Sur; Misamis Occidental; Camarines
Norte; Aklan; Davao del Norte; Davao Oriental; Eastern Samar; Bukidnon;
Lanao del Norte; Nueva Vizcaya:
One Provincial Fiscal
One First Assistant
Three Second Assistants
l) South Cotabato; Bataan; Antique; Agusan del Norte;
Abra North Cotabato; Mindoro Oriental; Mindoro Occidental; Catanduanes;
Kalinga Apayao; Lanao del Sur; Southern Leyte; Maguindanao; Sulu:
One Provincial Fiscal
One First Assistant
One Second Assistant
m) Agusan del Sur; Romblon; Marinduque; Camiguin;
Quirino; Mountain Province; Ifugao; Siquijor; Batanes; Sultan-Kudarat;
Tawi-Tawi; Basilan:
One Provincial Fiscal
One First Assistant
n) Sub-Provinces of Aurora; Biliran;
Guimaras:
One Provincial Fiscal
One First Assistant
Section 13. Offices of the City Fiscal: Their Number
in Each City. — There shall be in each of the following cities the
corresponding number of city fiscals and their assistants:cralaw:red
a) Manila:
One City Fiscal
One First Assistant
Twenty-Four Second Assistants
Thirty Third Assistants
Thirty Fourth Assistants
Forty Assistants
b) Quezon City:
One City Fiscal
One First Assistant
Twenty Two Second Assistants
Twenty Two Third Assistants
Twenty Two Forth Assistants
Twenty Two Assistants
c) Pasay City:
One City Fiscal
One First Assistant
Six Second Assistants
Six third Assistants
Eight Fourth Assistants
Eight Assistants chanroblesvirtualawlibrary
d) Caloocan City:
One City Fiscal
One First Assistant
Five Second Assistants
Six Third Assistants
Six Fourth Assistants
Six Assistants
e) Dagupan:
One City Fiscal
One First Assistant
Four Second Assistants
Five Third Assistants
Five Fourth Assistants
Five Assistants
f) City of Cebu:
One City Fiscal
One First Assistant
Four Second Assistants
Six Third Assistants
Six Fourth Assistants
g) City of Davao:
One City Fiscal
One First Assistant
Three Second Assistants
Six Third Assistants
Six Fourth Assistants chanroblesvirtualawlibrary
h) City of Iloilo:
One City Fiscal
One First Assistant
Three Second Assistants
Five Third Assistants
Five Fourth Assistants
i) Olongapo:
One City Fiscal
One First Assistant
Three Second Assistants
Three Third Assistants
Six Fourth Assistants
j) Bacolod; Baguio:
One City Fiscal
One First Assistant
Two Second Assistants
Two Third Assistants
Four Fourth Assistants
k) Lucena:
One City Fiscal
One First Assistant
Two Second Assistants
Four Third Assistants
l) San Pablo; Cabanatuan; Angeles; Legaspi; Cagayan
de Oro:
One City Fiscal
One First Assistant
Two Second Assistants
Three Third Assistants
m) Naga; Dumaguete; Tacloban; Tagbilaran:
One City Fiscal
One First Assistant
Two Second Assistants
Two Third Assistants
n) Laoag; Cavite City; Batangas City; Roxas City;
Dipolog; Zamboanga City; Pagadian:
One City Fiscal
One First Assistant
Three Second Assistants chanroblesvirtualawlibrary
o) Butuan; Surigao City; General Santos; Oroquieta;
Ozamis:
One City Fiscal
One First Assistant
Two Second Assistants
p) San Jose; Puerto Princesa; Lipa; Iriga; San
Carlos; (Neg. Occ.); Ormoc; Mandaue; Iligan; Marawi; Cotabato City:
One City Fiscal
One First Assistant
One Second Assistant
q) San Carlos (Pangasinan); Tagaytay; Trece Martires;
Cadiz; Silay; Calbayog; Danao; Lapu-Lapu; Toledo; Palayan; Bago; La
Carlota; Bais; Canlaon; Gingoog; Tangub; Dapitan:
One City Fiscal
One First Assistant
Section 14. Offices of Provincial and City Fiscals:
Salaries. — The annual salaries of Provincial and City Fiscals and
their Assistants shall be as approved by the President upon
recommendation of the Commissioner of the Budget and pursuant to P.D.
No. 985.
The salaries of provincial and city fiscals and their assistants shall
be paid entirely out of national funds and included in the annual
appropriations of the Department of Justice. This is without prejudice
to the grant of allowances to the above-mentioned fiscals by their
respective local governments, in amounts not exceeding twenty-five
percent (25%) of their basic salaries. chanroblesvirtualawlibrary
The salaries of clerks, stenographers and other subordinate employees
in the offices of the provincial and city fiscals shall be paid by the
province or city where they are assigned.
Section 15. Special Counsels. — Whenever the
exigencies of the service require the creation of positions of
additional counsel to assist provincial and city fiscals in the
discharge of their duties, positions of Special Counsels may be created
by any province or city, subject to the approval of the Secretary of
Justice, and with salaries chargeable against provincial or city funds.
The Secretary of Justice shall appoint said Special Counsels, upon
recommendation of the provincial or city fiscal and regional state
prosecutors concerned, either on permanent or temporary basis.
Special Counsel shall be appointed from members of the bar and shall be
allowed not more than the salary rate provided in this Decree for the
lowest rank or grade of assistant fiscal in the province or city where
assigned.
Section 16. Office, Space, Maintenance and Other
Incidental Expenses. — Pending the construction of regional government
centers in each of the administrative regions as provided in the
Integrated Reorganization plan, the Budget Commission and other
departments or agencies concerned are hereby directed to provide the
Department of Justice such technical assistance and establish suitable
building sites and office spaces for the Regional State Prosecution
Offices created herein. Rental costs and all other expenses incidental
to the maintenance of the Regional State Prosecution Offices shall be
paid out of national funds.
The provincial and city governments shall be responsible for providing
adequate office spaces for the offices of their respective provincial
or city fiscals and all expenses incidental to the maintenance of said
offices, including rental payments, shall be paid by the province or
city concerned.
Section 17. Transitory Provisions: Abolition of
Existing Prosecution and Fiscals Offices and Positions. — After the
approval of this Decree, the President shall issue the necessary
letter/s of implementation specifying the details of the reorganization
provided herein.
All existing prosecution offices and positions in the Department of
Justice and the Offices of the Provincial and City Fiscals throughout
the country as well as all positions of district state prosecutors and
special counsels shall cease to exist from the date specified in the
letter of implementation issued by the President pursuant to the
preceding paragraph. Their pertinent functions, applicable
appropriations, records, equipment, property and such clerical and
subordinate personnel as may be necessary shall be transferred to the
appropriate staff or offices created above. chanroblesvirtualawlibrary
Section 18. Transitory Provisions: Incumbents;
Vacation of Offices. — The provision of the second paragraph of the
preceding section notwithstanding, all officials in the prosecution
service whose appointments are by this Decree vested in the President
shall continue in office until, and shall vacate the same only upon,
the appointment and qualification of the officials to whom their
powers, functions, and responsibilities substantially pertain:
Provided, however, That with respect to the incumbent district state
prosecutors, each of them shall continue in office until the
appointment and qualification of the Regional State Prosecutor of the
region to which his district pertains.
An incumbent who is appointed by the President to a similar or
equivalent position created in this Decree shall be allowed to receive
either the salary rate authorized for the position or his present
salary whichever is higher.
Section 19. Transitory Provisions: Payment of
Gratuity. — All officers and employees who may be separated or removed
from the service by reason of the reorganization authorized herein
shall be granted a gratuity at a rate equivalent to one month's salary
for every year of continuous satisfactory service rendered, or the
equivalent nearest fraction thereof favorable to them on the basis of
the highest salary received: Provided, That any such officer or
employee already entitled to gratuity or pension under existing law
shall have the option to select between said gratuity or pension and
the gratuity provided for in this Decree.
The officers and employees referred to in the preceding paragraph shall
not lose their civil service eligibilities and their names shall be
entered in a preferential re-employment list so as to facilitate their
reappointment to appropriate positions created pursuant to this Decree.
Section 20. Appropriation. — There is hereby
appropriated initially the sum of THIRTY-ONE MILLION FIVE HUNDRED
THOUSAND PESOS (31,500.00) from the funds of the National Treasury not
otherwise appropriated for the organization and operational expenses of
the National Prosecution Service for a period of one year from the
issuance of this Decree. Henceforth the said amount shall be added to
the annual budget of the Department of Justice. chanroblesvirtualawlibrary
Section 21. Repeal. — All acts, laws, decrees,
executive orders, letters of instructions and regulations or any part
thereof which are consistent with any of the provisions of this Decree
are hereby repealed and/or modified accordingly.
Section 22. Separability Clause. — If for any reason,
any section or provision of this Decree is declared to be
unconstitutional or invalid, the other sections or provisions of this
Decree which are not affected thereby shall continue in full force and
effect.
Section 23. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 11th day of April, in the Year of Our Lord, nineteen hundred and
seventy-eight.
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