M a n i l a

PRESIDENTIAL DECREE No. 12-B October 28, 1972


WHEREAS, Presidential Decree No. 12 dated October 3, 1972 and Presidential Decree 12-A dated October 4, 1972 were issued in order to facilitate and hasten the weeding out of criminal and lawless elements among members of city and municipal police forces throughout the country and to inculcate a sense of discipline among them, by establishing an effective disciplinary and machinery for members of local police agencies;

WHEREAS, to accelerate the attainment of the foregoing objectives, it is necessary that a summary procedure be established for the expeditious termination of cases affecting policemen;

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, do hereby order and decree that:

1. Paragraph 1 of Presidential Decree No. 12-A is hereby amended to read as follows:

"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, provided that the Board shall forthwith recommend to the Police Commission that respondent be summarily removed or dismissed in the following cases:

a) When the respondent is a recidivist or has been repeatedly charged; or

b) When the respondent is notoriously undesirable on the ground of dishonesty, incompetence, or other kind of misconduct which is common of public knowledge.

The same procedure shall apply to all pending administrative cases absorbed by the newly created Board of Investigators under Presidential Decree No. 12."

2. Paragraph 2 of the same Decree is hereby amended to read as follows:

"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, provided that it may recommend to the Police Commission the summary removal or dismissal of the respondent in any of the cases specified in the preceding paragraph."

3. Paragraph 5 of the aforementioned Decree is hereby amended to read as follows:

"5. Pending the constitution of the new Board 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, and shall follow the same procedure outlined in paragraph 1 hereof except that it shall not exercise the power to suspend."

4. 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.

5. The Chairman of the Police Commission shall promulgate rules and regulations to implement this Decree.

Done in the City of Manila, this 28th day of October, in the year of Our Lord, nineteen hundred and seventy-two.

The Lawphil Project - Arellano Law Foundation