AMENDING SECTION FOUR OF PRESIDENTIAL DECREE NO 971 ENTITLED “PROVIDING LEGAL ASSISTANCE FOR MEMBERS OF THE INTEGRATED NATIONAL POLICE WHO MAY BE CHARGED FOR SERVICE-CONNECTED O…

WHEREAS, Section 4 of Presidential Decree No. 971 directs
the immediate preventive suspension of members of the Integrated National Police
who are charged in court pending final decision by the court of their cases;

WHEREAS, court records reveal that a significant number of
criminal cases filed against members of the Integrated National Police resulted
in the acquittal of the accused, fov the reason that a large number of these
cases were filed for purposes of harassment or to obtain leverage for
settlement;

WHEREAS, the existing procedure has proven to be prejudicial
to the public interest since the automatic preventive suspension of members of
the Integrated National Police charged in court unduly deprives the police
service of personnel who could otherwise perform their duties and
responsibilities, and onerous to public finance, since upon acquittal, the
accused are by law authorized to receive back salaries corresponding to the
period of their preventive suspension; and

WHEREAS, there is a need to adopt a judicious procedure in
the issuance of suspension orders with the end in view of limiting preventive
suspension only to cases where public interest so requires;

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:

SECTION 1. Section 4 of Presidential Decree No. 971 is
hereby amended to read as follows:

“SECTION 4. Preventive Suspension by reason of pending
criminal case.—Any provision of law to the contrary notwithstanding, no
member of the Integrated National Police who is charged in court with any felony
or violation of law shall be preventively suspended except in accordance with
the following conditions and procedure:

“1. A motion for the preventive suspension of the accused may at any time
after the filing of the complaint or information be filed by the prosecution in
the court having jurisdiction to try the case on the merits.

“2. The court shall immediately conduct a summary hearing to determine the
necessity of the suspension, taking into consideration the nature of the
offense, the circumstances attendant to the commission, thereof, the record of
service of the accused and other relevant factors. The motion shall be resolved
within ten (10) days from the filing thereof.

“3. After the summary hearing, the resolution of the court shall be
immediately effective. No motion for reconsideration shall stay the effectivity
of the order. The order shall be forwarded to the District/ Police
Superintendent, the Director General, INP and the National Police Commission for
implementation of the immediate superior concerned.

“4. Any preventive suspension of the accused shall remain in effect pending
decision of the case by the court unless sooner lifted by said court by reason
of the exigency of the service.”

SEC. 2. This Decree shall take effect immediately upon
approval.

Done in the City of Manila, this 25th day of July in the year of Our Lord,
nineteen hundred and eighty-two.

			(Sgd.) FERDINAND E. MARCOS President of the Philippines
	By the President:
	(Sgd.) JUAN C. TUVERA
		Presidential Executive Assistant