WHEREAS,
under Presidential Decree No. 12, dated October 3, 1972, the
Adjudication Boards in the Office of the National Police
Commission are empowered to perform the functions of the Commission En
Banc in the review and final adjudication of administrative cases
against members of police forces;chanroblesvirtualawlibrary
WHEREAS, considering the severity of the penalty of removal, it
is essential that in cases where such penalty is imposed by the
Adjudication Boards, a machinery of appeal be provided to ensure
more thorough consideration of the cases; chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the
Constitution and pursuant to Proclamation No. 1081, dated
September 21, 1972, and Proclamation No. 1104, dated January 17,
1973, and General Order No. 1, dated September 22, 1972, do
hereby order and decree to be part of the law of the land, the
following: chanroblesvirtualawlibrary
1. Paragraph 2 of Presidential Decree No. 12 is
hereby amended to read as follows:cralaw:red
"2. The Adjudication Boards shall perform the
functions of the National Police Commission En Banc in the review
and final adjudication of administrative cases of members of
police forces falling under the Police Act of 1966; Provided,
That in cases where the penalty imposed by the Adjudication
Boards is removal or dismissal from the service, the respondent
may appeal the decision to the Commission En Banc for review
and final disposition, within fifteen (15) from his receipt
thereof: Provided, further, That the Chairman, may in his
discretion, designate a special appellate committee composed of
three (3) members of the Commission to discharge this
particular function with finality. An appeal shall not stop the
decision of removal from being executory, and in the event that
the respondent is exonerated on appeal, he shall be considered as
having been under suspension during the pendency of the appeal.
2. 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with this Decree, are hereby repealed, modified and/or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. chanroblesvirtualawlibrary
3. The Chairman of the National Police Commission
shall promulgate rules and regulations to implement this Decree.
Done in the City of Manila,
this 13th day of November, in the year of Our Lord, nineteen
hundred and seventy-four.
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