PRESIDENTIAL DECREE NO. 12, October 03, 1972

PRESIDENTIAL DECREE NO. 12, October 03, 1972

Presidential Decrees October 3, 1972



WHEREAS, pursuant to Proclamation No. 1081, dated
September 21, 1972, the Philippines was declared under a state of
martial law, for the reasons, among others, that criminal and lawless
elements have conspired and are conspiring with those who want to
undermine the faith of the people in, and to overthrow by force,
violence and deceit the duly constituted Government;

WHEREAS, among these criminal and lawless elements
are ranking officers and members of the city and municipal police forces
throughout the country;

WHEREAS, in order to rid the police service of said
criminal and lawless elements, and to inculcate a sense of discipline
among all city and municipal policemen, it is urgently necessary that
administrative cases against them be expeditiously disposed of;

WHEREAS, in order to expedite the disposition of
such administrative cases, it is necessary that Adjudication and
Investigation Boards be created with the principal function of
investigating and disposing of administrative cases against all members
of the city and municipal police forces;

NOW, THEREFORE, I, FERDINAND E. MARCOS,
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081 dated September 21, 1972, do hereby
order and decree that:

  1. The Chairman of the Police Commission shall create as many
    Adjudication Boards in the Office of the Police Commission as are
    necessary to review and dispose of all administrative cases of city and
    municipal police forces heretofore and/or hereafter referred to the
    Police Commission for final action. Each Board shall be composed of a
    senior official of the Police Commission as Chairman and a senior
    officer of the Philippine Constabulary and a representative of the
    Secretary of Justice as members.
  2. The Adjudication Boards shall perform the function of the
    Police Commission en bane in the review and final adjudication of
    administrative cases of members of police forces falling under Police
    Act of 1966.
  3. In lieu of the Board of Investigators provided for
    under the Police Act of 1966, the Chairman of the Police Commission, in
    coordination with the Secretaries of Justice and National Defense, will
    create at least one board for each province and city, to be composed of
    one representative of the Police Commission, as Chairman; one
    representative of the Secretary of Justice and a Constabulary Officer as
    members, which shall function on a full time basis, under the direct
    supervision and control of the Police Commission. These Boards shall
    perform the same duties as the Board of Investigators in accordance with
    the Police Act of 1966 and implementing Executive Orders, rules and
    regulations. Said Boards shall submit a bi-monthly report on the cases
    referred to them for investigation indicating the status and/or
    disposition thereof, to the Chairman of the Police Commission, who shall
    see to it that cases filed with, and/or referred to, the Boards shall
    be acted upon and disposed of without undue delay.
  4. By virtue hereof, the provisions of the Police Act of 1966 and
    all Executive Orders, rules and regulations which are in conflict with
    this Decree are hereby modified and/or amended.
  5. The Chairman of the Police Commission shall promulgate rules
    and regulations to implement this Decree.

Done in the City of Manila, this 3rd day of October, in the year of
Our Lord, nineteen hundred and seventy-two.

(Sgd.) FERDINAND E. MARCOS
President
Republic of the Philippines