PRESIDENTIAL DECREE NO. 12-B, October 28, 1972

AMENDING PARAGRAPHS ONE, TWO, AND FIVE OF PRESIDENTIAL DECREE NO. 12-A

Presidential Decrees October 28, 1972



WHEREAS, Presidential Decree No. 12, dated October
3, 1972, and Presidential Decree No. 12-A, dated October 4, 1972, were
issued in order to facilitate and hasten the weeding out of criminal and
lawless elements among members of city and municipal police forces
throughout the country and to inculcate a sense of discipline among
them, by establishing an effective disciplinary machinery for members of
local police agencies;

WHEREAS, to accelerate the attainment of the
foregoing objectives, it is necessary that a summary procedure be
established for the expeditious termination of cases affecting
policemen;

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. Paragraph 1 of Presidential Decree No. 12-A is hereby amended to read
    as follows:

    “1. When an administrative charge is Filed under oath against any
    member of the local police agency, the Board of Investigators as
    organized under Presidential Decree No. 12, dated October 3, 1972,
    shall, within three (3) days from receipt thereof, conduct a preliminary
    inquiry, and should the Board of Investigators find reasonable ground
    to believe that the respondent is probably guilty of a grave offense,
    the Board shall immediately suspend the respondent, such suspension to
    last until final disposition of the administrative case, unless sooner
    lifted, provided that the Board shall forthwith recommend to the Police
    Commission that respondent be summarily removed or dismissed in the
    following cases:

    “a) When the respondent is a recidivist or has been repeatedly
    charged; or

    “b) When the respondent is notoriously undesirable on the ground of
    dishonesty, incompetence, or other kind of misconduct which is of
    common public knowledge.

    “The same procedure shall apply to all pending administrative cases
    absorbed by the newly created Board of Investigators under Presidential
    Decree No. 12.”

  2. Paragraph 2 of the same Decree is hereby amended to read as
    follows:

    “2. Administrative cases against members of the police force now
    pending decision before the Police Commission shall immediately be
    evaluated by the Adjudication Board and should the Board find that the
    offense is grave and the evidence of guilt against the respondent is
    strong, it shall suspend him immediately, such suspension to last until
    the Board has promulgated the appropriate decision on the case, provided
    that it may recommend to the Police Commission the summary removal or
    dismissal of the respondent in any of the cases specified in the
    preceding paragraph.”

  3. Paragraph 5 of the aforementioned Decree is hereby amended to
    read as follows: “5. Pending the constitution of the new Boards of
    Investigators under Presidential Decree No. 12, dated October 3, 1972,
    the Boards of Investigators created under Section 15 of Republic Act No.
    4864 shall continue to function, and shall follow the same procedure
    outlined in paragraph 1 hereof except that it shall not exercise the
    power to suspend.”
  4. The provision of all laws, Executive Orders, Decrees and other
    presidential issuances which are in conflict with this Decree are
    hereby repealed, modified and/or amended accordingly.
  5. The Chairman of the Police Commission shall promulgate rules
    and regulations to implement this Decree.

Done in the City of Manila, this 28th day of October, in the year of
Our Lord, nineteen hundred and seventy-two.

 

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

   

 

By the President:  
 
(Sgd.) ALEJANDRO MELCHOR  

  Secretary Executive