AMENDING PRESIDENTIAL DECREE NO. 12 DATED OCTOBER 3, 1972, RE: GUIDELINES IN THE INVESTIGATION OF CHARGES FILED AGAINST MEMBERS OF THE POLICE FORCES.

WHEREAS, Presidential Decree No. 12, dated October
3, 1972, was issued in order to facilitate the weeding out of criminal
and lawless elements among the members of city and municipal police
forces throughout the country, to inculcate a sense of discipline among
them, and to strengthen the people’s faith in their law enforcing
agencies;

WHEREAS, it is imperative that immediate appropriate
measures be taken to hasten the weeding out of the undesirables in the
police service and thereby effect a good police image in the maintenance
of peace and order and impartial enforcement of our laws and
ordinances;

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 and Presidential Decree
No. 12, dated October 3, 1972, do hereby order and decree that:

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.

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

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.
3. In administrative cases where the penalty of dismissal had
   already been rendered by the Police Commission en banc but have not been
   implemented by reason of the filing of a petition for reconsideration
   or appeal to the courts of justice, respondents therein shall
   immediately be suspended by the Police Commission until the Adjudication
   Board or the court has promulgated the appropriate resolution or
   decision on their cases.
4. When a member of the police force or agency is accused in court
   of any felony or violation of law by the city or municipal attorney, or
   by the chief of the city or municipal police, or by the provincial or
   assistant provincial fiscal or city or assistant city fiscal, or by an
   authorized representative of the National Bureau of Investigation or the
   Philippine Constabulary, the Police Commission shall immediately
   suspend the accused from the office pending final decision by the court,
   unless sooner lifted by the Commission.

   Whenever such a criminal complaint or information is filed in court
   against a member of the police force, the city or municipal judge or the
   clerk of court shall immediately inform and furnish a copy of the same
   to the Police Commission so that it can immediately suspend the accused.

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, provided that they shall not exercise the
   power to suspend granted in paragraph 1 of this Decree.

   Such Board which is constituted in accordance with Republic Act No.
   4864 shall, in all cases pending before it, immediately conduct a
   preliminary inquiry and should it find reasonable ground to believe that
   the respondent is probably guilty of a grave offense, the Board shall
   recommend to the Police Commission the suspension of the respondent.

6. All orders and decisions for suspension or dismissal of members
   of the police force shall be executed and implemented by the Police
   Commission.
7. Members of the police force who have been preventively
   suspended shall, upon exoneration, be entitled to immediate
   reinstatement and payment of the entire salary they failed to receive
   during the period of suspension.
8. 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 accordingly.
9. The Chairman of the Police Commission shall promulgate rules
   and regulations to implement this Decree.

Done in the City of Manila, this 4th 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.) ROBERTO V. REYES
	Acting Executive Secretary