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PRESIDENTIAL DECREE NO. 1847
PRESIDENTIAL DECREE NO. 1847 -
AMENDING Section FOUR OF PRESIDENTIAL DECREE NO. 971 ENTITLED
"PROVIDING LEGAL ASSISTANCE FOR MEMBERS OF THE INTEGRATED NATIONAL
POLICE WHO MAY BE CHARGED FOR SERVICE-CONNECTED OFFENSES AND IMPROVING
THE DISCIPLINARY SYSTEM IN THE INTEGRATED NATIONAL POLICE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES"
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chanroblesvirtualawlibrary
WHEREAS,
Section 4 of Presidential Decree No. 971 directs the immediate
preventive suspension of members of the Integrated National Police who
are charged in court pending final decision by the court of their cases;chanroblesvirtualawlibrary
WHEREAS, court records reveal that a significant number of criminal
cases filed against members of the Integrated National Police resulted
in the acquittal of the accused, for the reason that a large number of
these cases were filed for purposes of harassment or to obtain leverage
for settlement;chanroblesvirtualawlibrary
WHEREAS, the existing procedure has proven to be prejudicial to the
public interest since the automatic preventive suspension of members of
the Integrated National Police charged in court unduly deprives the
police service of personnel who could otherwise perform their duties
and responsibilities, and onerous to public finance, since upon
acquittal, the accused are by law authorized to receive back salaries
corresponding to the period of their preventive suspension; and
WHEREAS, there is a need to adopt a judicious procedure in the issuance
of suspension orders with the end in view of limiting preventive
suspension only to cases where public interest so requires.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
order and decree the following: chanroblesvirtualawlibrary
Section 1. Section 4 of Presidential Decree No. 971
is hereby amended to read as follows:cralaw:red
"Sec. 4. Preventive suspension by reason of pending
criminal case. — Any provision of law to the contrary notwithstanding,
no member of the Integrated National Police who is charged in court
with any felony or violation of law be preventively suspended except in
accordance with the following conditions and procedure:cralaw:red
"1. A motion for the preventive suspension of the
accused may at any time after the filing of the complaint or
information be filed by the prosecution in the court having
jurisdiction to try the case on the merits. chanroblesvirtualawlibrary
"2. The court shall immediately conduct a summary
hearing to determine the necessity of the suspension, taking into
consideration the nature of the offense, the circumstances attendant to
the commission thereof, the record of service of the accused and other
relevant factors. The motion shall be resolved within ten (10) days
from the filing thereof.
"3. After the summary hearing, the resolution of the
court shall be immediately effective. No motion for reconsideration
shall stay the effectivity of the order. The order shall be forwarded
to the District/Police Superintendent, the Director General, INP and
the National Police Commission for implementation of the immediate
superior concerned.
"4. Any preventive suspension of the accused shall
remain in effect pending decision of the case by the court unless
sooner lifted by said court by reason of the exigency of the service."
Section 2. This Decree shall take effect immediately
upon approval. chanroblesvirtualawlibrary
Done in the City of Manila,
this 25th day of July in the year of Our Lord, nineteen hundred and
eighty-two.
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