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PRESIDENTIAL DECREE NO. 448
PRESIDENTIAL DECREE NO. 448 -
AMENDING CERTAIN SectionS OF REPUBLIC ACT NUMBERED FOUR THOUSAND EIGHT
HUNDRED AND SIXTY-FOUR, OTHERWISE KNOWN AS THE "POLICE ACT OF 1966,"
AND PRESIDENTIAL DECREES NUMBERED TWELVE AND TWELVE-A, AS AMENDED
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WHEREAS,
Republic Act No. 4864, otherwise known as the Police Act of 1966, and
Presidential Decrees No. 12 and 12-A, as amended, were enacted with the
primordial purpose of strengthening and upgrading the local police
forces all over the country;chanroblesvirtualawlibrary
WHEREAS, in order to accelerate the attainment of the objectives of the
aforecited laws and to provide more responsive police service, it is
imperative that certain provisions of the same be amended;chanroblesvirtualawlibrary
WHEREAS, in order to enable the National Police Commission to discharge
more effectively, its supervisory and disciplinary responsibility over
members of local police agencies, it is imperative that the Commission
be empowered to issue subpoena and subpoena duces tecum and to
authorize some of its officers to exercise the general powers of peace
officers while actually engaged in police investigation;chanroblesvirtualawlibrary
WHEREAS, in order to provide flexibility in the matter of appointment
to the police service consistent with the policy or recruiting the most
capable men to the service, it is advisable that a system of waiver be
established in appointment to the police force, and that the minimum
age, height and weight requirements for appointments be fixed at a more
realistic level;chanroblesvirtualawlibrary
WHEREAS, in order to provide security and incentive to the staff of the
Commission, it is advisable that compensation benefits be extended to
officials and employees of the latter who die or incur disability in
line of duty;chanroblesvirtualawlibrary
WHEREAS, in order to accelerate the investigation of police
administrative cases and claims for death and disability benefits, it
is necessary that the Boards of Investigators as organized under the
Police Act of 1966 and Presidential Decree No. 12, as amended, be
replaced by full-time hearing officers; chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order:cralaw:red
1. Section 4 of Republic Act No. 4864 is hereby
amended by adding thereto another paragraph to be known as paragraph
(o), which shall read as follows:cralaw:red
"(o) To issue subpoena and subpoena duces tecum in
matters pertaining to the discharge of its powers and duties, to
designate who among its personnel can issue such process and administer
oaths in connection therewith, and to authorize some of its officers to
exercise the general powers to make arrest, searches and seizures in
accordance with law, while actually involved in police investigation."
2. Section 9 of Republic Act No. 4864 is hereby
amended to read as follows:cralaw:red
"Sec. 9. General Qualifications for Appointment. — No
person shall be appointed to a local police agency unless he possesses
the following qualifications:cralaw:red
(1) He must be a citizen of the Philippines; chanroblesvirtualawlibrary
(2) He must be a person of good habits and moral
conduct;chanroblesvirtualawlibrary
(3) He must be of sound mind and body;chanroblesvirtualawlibrary
(4) For appointment in the municipalities he must
have at least completed high school, and for cities, at least completed
two years of college;chanroblesvirtualawlibrary
(5) He must have no criminal record;chanroblesvirtualawlibrary
(6) He must not have been dishonorably discharged
from military employment or dismissed for cause from any civilian
position in the government;chanroblesvirtualawlibrary
(7) He must not be less than twenty-one nor more than
thirty-three years of age, for appointment to the rank of patrolman;chanroblesvirtualawlibrary
(8) He must be at least one meter and sixty-two
centimeters in height; Provided, That a policewoman shall be at least
one meter and fifty-seven centimeters in height; and
(9) He must not weight more or less than five
kilograms of the standard weight or corresponding to his height, age
and sex.
"Persons who at the time of the approval of this Act have rendered at
least five years of satisfactory service in a city or municipal police
agency although they have not qualified in an appropriate civil service
examination are considered as civil service eligibles for the purpose
of this Act. chanroblesvirtualawlibrary
"When the exigency of the service so requires, the general requirements
provided for in sub-paragraphs (7), (8) and (9) of this section may,
upon recommendation of the appointing authority, duly supported by an
evaluation report of the police screening committee on the merit and
fitness of the applicant, be waived by the Chairman of the National
Police Commission, taking into consideration any or a combination of
such factors as possession of relevant police skills, special
qualifications, police training, acquired experience in police or
allied service, geographical location of the police department
concerned, being a member of the cultural minority, and other allied
factors, provided the applicant meets the other qualifications
prescribed in this Act. Educational qualifications provided for in
subparagraph (4) of this Section may, upon recommendation of the
appointing authority, duly supported by an evaluation report of the
police screening committee, be waived by the National Police Commission
en banc, in consideration of highly exceptional accomplishment or deed
of conspicuous gallantry in the interest of peace and order.
"No appointment shall be issued in favor of one who does not meet the
minimum requirements for appointment prescribed in the first paragraph
of this section, unless and until the required waiver is secured."
3. Section 10 of Republic Act No. 4864 is hereby
amended to read as follows:cralaw:red
"Sec. 10. Minimum qualification for appointment as
Chief of Police Agency. — No person may be appointed chief of a city
police agency unless he holds a bachelor's degree from a recognized
institution of learning and has served in the Armed Forces of the
Philippines or the National Bureau of Investigation or the National
Police Commission or has served as chief of police with exemplary
record, or has served in the police department of any city with the
rank of captain or its equivalent therein for at least three years; or
any person who has completed at least two (2) years college and who has
served as officer in the Armed Forces or the National Bureau of
Investigation or the National Police Commission or the police
department of a city for at least six years with the rank of captain or
its equivalent.
"No person may be appointed chief of a municipal police agency unless
he holds a bachelor's degree from a recognized institution of learning
or any person who has completed at least two (2) years college and who
has served the police agency of a city or municipality or has served as
officer in the Armed Forces or the National Bureau of Investigation or
the National Police Commission for at least six years regardless of
rank or for at least two (2) years in the rank of lieutenant or its
equivalent.
"When the exigency of the service so requires, the service requirement
provided for in the preceding paragraphs may, upon recommendation of
the appointing authority, duly supported by an evaluation report of the
police screening committee on the merit and fitness of the applicant,
be waived by the National Police Commission en banc, taking into
consideration such factors as possession of relevant police skills,
special qualifications, police training, acquired experience in police
or allied service, geographical location of the police department
concerned, being a member of the cultural minority, and other allied
factors, provided the applicant meets the other qualifications
prescribed in Sections 9 and 10 of this Act; Provided, That a member of
the bar with at least three (3) years experience in active law
practice, shall be qualified for appointment as chief of a city or
municipal police agency if he meets the general qualifications under
Section 9 of this Act."
4. Section 12 as amended, of Republic Act No. 4864,
is hereby further amended by adding thereto a second paragraph which
shall read as follows:cralaw:red
"Any law or rules to the contrary notwithstanding, spot promotion may
be extended to any member of the police force for acts of conspicuous
courage and gallantry at the risk of his life over and beyond the call
of duty. Recommendation of the appointing authority for spot promotion
shall be referred to the Police Screening Committee of the locality for
evaluation, after which the same shall be elevated to the National
Police Commission for approval. If warranted, the Commission itself may
direct the extension of spot promotion to deserving members of the
police force."
5. Section 21 of R.A. 4864 is hereby amended to read
as follows:cralaw:red
"Sec. 21. Death and Disability Benefits. —
Notwithstanding any provision of existing laws, rules and regulations
to the contrary, when a member of a local police force or agency, or
that of the National Police Commission is injured while in the
performance of duty or contracts sickness or disease arising out of the
performance of duty, absence during any period of such disability
thereby occasioned, shall be on full pay, and he shall be entitled to
payment of medicines, medical attendance, hospital fees, necessary
transportation and subsistence. Absence in the cases enumerated above
shall not be charged against vacation or sick leaves. He shall, in
addition, be entitled to a lump sum gratuity of one hundred to two
thousand pesos, depending upon the merits of the case. chanroblesvirtualawlibrary
"In addition to premiums due the Government Service Insurance System
for members of the local police agency and the employees of the
National Police Commission, the proper governmental entity shall pay
the premiums due for whatever group insurance policy which may be in
force.
"If a member of the police or employee of the National Police
Commission is killed or dies from injuries suffered or sickness
contracted or aggravated in line of duty, the surviving spouse or if
there be none, dependents, or the surviving parents or brothers and
sisters, shall be entitled, in addition to the foregoing benefits, to
one year's salary which shall in no case be less than six thousand
pesos and burial expenses equivalent to three month's salary, which
shall in no case be less than one thousand pesos.
"If such member of the force or employee of the National Police
Commission is permanently disabled as a result of injuries suffered or
sickness contracted or aggravated in line of duty, the city or
municipal mayor or the Chairman of the National Police Commission, as
the case may be, shall cause the compulsory retirement of such member
or employee upon certification by the city or municipal health officer,
or by any government physician in the case of employees of the
Commission, that the extent of the disability or sickness renders such
member unfit or unable to further perform the duties of peace officer
or employee of the Commission, in which case shall be entitled to a
gratuity equivalent to one year's salary which shall be in no case be
less than six thousand pesos in addition to the foregoing benefits, and
to a lifetime pension equivalent to eighty percent of his highest
salary.
"In the event the disabled party believes that he is not totally
disabled, he may appeal to the National Police Commission whose
decision shall be final.
"All disbursements herein contemplated shall be authorized by the
Commission upon recommendation of the Hearing Officer of the province
or city concerned; Provided, That disbursements for employees of the
National Police Commission shall be authorized by the Commission.
"All compensation herein granted shall not be subject to attachment,
levy, execution or any tax whatsoever, nor affect benefits received or
to be received from the Government Service Insurance System. Claims
under this Act shall not prescribe."
6. Paragraph 3 of Presidential Decree No. 12 dated 3
October 1972 is hereby amended to read as follows: chanroblesvirtualawlibrary
"3. In lieu of the Board of Investigators provided
for under Republic Act No. 4864 (Police Act of 1966), the Chairman of
the National Police Commission shall appoint at least one Hearing
Officer for each province and city for the purpose of investigating
administrative charges and benefits claims involving any member of the
city or municipal police agency. The Hearing Officer of the National
Police Commission shall perform the same duties as the Board of
Investigators in accordance with the Police Act of 1966, Presidential
Decrees No. 12, 12-A, 12-B, and implementing Executive Orders, rules
and regulations. Said hearing officers shall submit monthly reports on
the cases referred to them for investigation indicating the status
and/or disposition thereof, to the Chairman of the National Police
Commission, who shall see to it that cases filed with and/or referred
to, the Hearing Officers shall be acted upon and disposed of without
undue delay.
"There shall also be appointed at least one supervising Hearing Officer
for each region throughout the Philippines for the purpose of
exercising immediate supervision and coordinating the functions of
provincial and city Hearing Officers within the region, provided there
shall at least be one supervising Hearing Officer for Greater Manila
area.
"The Hearing Officers and supervising Hearing Officers of the
Commission shall have the power to issue subpoena and subpoena duces
tecum and to administer oaths in connection with the investigation of
police administrative cases and claims for benefits.
"No person shall be appointed as Hearing Officer unless he has been a
member of the Philippine Bar for at least three (3) years; provided,
however, that he shall not during the continuance in office engaged in
the practice of his profession.
"Upon the appointment of a Hearing Officer in a province or city, the
Board of Investigators therein shall be dissolved and all cases pending
before it shall be assumed by such hearing officer. chanroblesvirtualawlibrary
"Pending the appointment of the Hearing Officers for each province and
city under this Decree, the Board of Investigators created under
Section 15 of Republic Act No. 4864 and Presidential Decree No. 12
shall continue to function."
7. Section 7 of Presidential Decree No. 12-A is
hereby amended by adding thereto a second paragraph which shall read as
follows:cralaw:red
"Members of the police force who may have been arrested and detained by
the military for any offense falling under Proclamation No. 1081 and
General Order No. 2-A may be restored to duty and pay status during the
period of their detention prior to the filing of a formal charge
against them in the appropriate tribunal or court, it if appeared that
they have committed the offense while in the discharge of their
official duties.
"Members of the police force who have been detained by the military
authorities shall, upon exoneration or release without any formal
charge having been filed against them, be entitled to immediate
reinstatement and payment of the entire salary they failed to receive
during the period of detention." chanroblesvirtualawlibrary
8. All laws, rules and regulations which are
inconsistent herewith are hereby repealed, modified and/or amended
accordingly.
9. This Decree shall take effect immediately.
Done in the City of Manila,
this 9th day of May, in the year of Our Lord, nineteen hundred and
seventy-four.
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