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PRESIDENTIAL DECREE NO. 12-A
PRESIDENTIAL DECREE NO. 12-A
- 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;
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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;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 and Presidential Decree No. 12 dated October
3, 1972, do hereby order and decree that: chanroblesvirtualawlibrary
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 of
municipal attorney, or by the chief of the city or municipal police, or
by the provincial or assistant provincial fiscal or city of 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 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 Boards which are 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. chanroblesvirtualawlibrary
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.
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