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PRESIDENTIAL DECREE NO. 12-B
PRESIDENTIAL DECREE NO. 12-B
- AMENDING PARAGRAPHS ONE, TWO AND FIVE OF PRESIDENTIAL DECREE NO. 12-A
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WHEREAS, Presidential Decree No. 12 dated
October 3, 1972 and Presidential Decree 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 and machinery for
members of local police agencies; chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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:cralaw:red
1. Paragraph 1 of Presidential Decree No. 12-A is
hereby amended to read as follows:cralaw:red
"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:cralaw:red
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 common of 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:cralaw:red
"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." chanroblesvirtualawlibrary
3. Paragraph 5 of the aforementioned Decree is hereby
amended to read as follows:cralaw:red
"5. Pending the constitution of the new Board 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 provisions 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.
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