PRESIDENTIAL DECREE NO. 12-B, October 28, 1972
AMENDING PARAGRAPHS ONE, TWO, AND FIVE OF PRESIDENTIAL DECREE NO. 12-A
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:
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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.” - 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.” - 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.” - 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. - 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