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PRESIDENTIAL DECREE NO. 1707
PRESIDENTIAL DECREE NO. 1707 -
AMENDING PRESIDENTIAL DECREE NUMBERED NINE HUNDRED SEVENTY-ONE AND FOR
OTHER PURPOSES
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WHEREAS,
Presidential Decree No. 971 dated July 27, 1976 among other things,
established an improved disciplinary system of the Integrated National
Police;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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:cralaw:red
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: chanroblesvirtualawlibrary
"Sec. 5-A. Power of the Commanders of the Integrated
National Police to place any member in confinement or in restriction. —
Any sub-Station, 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 crimes 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. chanroblesvirtualawlibrary
Section 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:cralaw:red
"Sec. 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:cralaw:red
a. When the charge is serious and the evidence of
guilt is strong;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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 disciplinary authority shall be done
with utmost objectivity and impartiality with the end that no injustice
is committed."
Section 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.
Section 4. This Decree shall effect upon its
approval. chanroblesvirtualawlibrary
Done in the City, of Manila,
this 8th day of August, in the year of Our Lord, nineteen hundred and
eighty.
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