AMENDING PRESIDENTIAL DECREE NUMBERED NINE HUNDRED SEVENTY ONE AND FOR OTHER PURPOSES

WHEREAS, Presidential Decree No. 971 dated July 27, 1976
among other things, established an improved disciplinary system of the
Integrated National Police;

WHEREAS, in the course of the enforcement of said
Presidential Decree No 971, it has been observed that there is a need for
additional amendments to further strengthen said disciplinary system and attain
fully the objectives thereof;

WHEREAS, it is imperative that immediate appropriate
measures be taken to inculcate a deeper sense of discipline among the members of
the Integrated National Police which will strengthen the people’s faith in the
law-enforcement agencies:

WHEREAS, Commanders of the Integrated National Police resort to disciplinary
powers to instill discipline among the ranks; however, it is observed that for
the more serious instances of police offenses, the existing disciplinary powers
are inadequate to meet the necessity for prompt and effective discipline;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution, do hereby
order and decree the following:

SECTION 1. There is hereby inserted in Presidential Decree
No. 971 a new Section to be known as Section 5-A which shall read as
follows:

“SECTION 5-A. Power of the Commanders of the Integrated
National Police to place any member in confinement or in restriction. — Any
sub-Station and District Commander, Provincial Police Superintendent or Officers
holding equivalent Commands, the Regional Director of the Integrated National
Police including the Director of the Metropolitan Police Force and the Director
General of the Integrated National Police shall, as circumstances may require,
have the power to place in confinement or in restriction in their respective
station/headquarters any member of the Integrated National Police who is
charged, has committed, is complained of or suspected of having committed any
crime or offense, for the purpose of insuring the presence of such member during
the trial of the case, and preventing him from further committing any other
crime or offenses in the meantime; unless the order of confinement or
restriction is lifted by proper authority; Provided, however, that in
case of an order of confinement of a member of the Integrated National Police
pursuant to the provisions of this Section without a formal charge having been
filed with the proper court at the same time, a written report shall be
immediately forwarded to the Director General, Integrated National Police
stating the facts circumstances and the reasons therefor.

Any person placed in confinement or under restriction pursuant to the
provisions of this Section, who shall escape from confinement or breaks his
restriction whether before or after trial or sentence thereof or before he is
released therefrom by proper authority shall be dismissed from the service or
suffer such other punishment as the Director General of the Integrated National
Police may direct.

SEC. 2. There is hereby further inserted in Presidential
Decree No. 971 another new Section to be known as Section 8-A which shall read
as follows:

“SECTION 8-A. Summary dismissal. — The Regional
Director including the Director of the Metropolitan Police Force and the
Director General may immediately remove or dismiss any respondent Integrated
National Police member without the necessity of a formal investigation in any of
the following cases:

a. When the charge is serious and the evidence of guilt is strong;
b. When
the respondent is a recidivist or has been repeatedly charged and there are
reasonable grounds to believe that he is guilty of
the charges;
c. When
the respondent is notoriously undesirable.

“The decision of the Regional Director or the Director of the Metropolitan
Police Force to immediately remove or dismiss any respondent Integrated National
Police member shall be appealable, within thirty (30) days from receipt thereof
to the National Police Commission. The decision of the Director General,
Integrated National Police .and the National Police Commission reversing a
decision to summarily dismiss a member thereof is final and shall entitle said
member to reinstatement in the service in the position and rank last held, and
payment of all back salaries and other emoluments during the period that he was
out of the service.

Resort to summary dismissal by the disciplining authority shall be done with
utmost objectivity and impartiality with the end that no injustice is
committed.”

SEC. 3. Any provisions of existing laws, rules and
regulations or any portions thereof as are inconsistent with the provisions of
this Decree are hereby repealed or modified accordingly.

SEC. 4. This Decree shall effect upon its approval.

Done in the City of Manila, this 8th day of August, in the year of Our Lord,
nineteen hundred and eighty.

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