M a n i l a
PRESIDENTIAL DECREE No. 263 August 2, 1973
AMENDING SECTION TWELVE OF REPUBLIC ACT NUMBERED FOUR THOUSAND EIGHT HUNDRED AND SIXTY-FOUR OTHERWISE KNOWN AS THE "POLICE ACT OF 1966"
WHEREAS, a number of police officers who were already in the service upon the effectivity on September 4, 1966 of Republic Act No. 4864, otherwise known as the "Police Act of 1966", were subsequently promoted to different higher ranks although they do not possess the minimum educational qualifications prescribed in Section 9(4) thereof at the time of their promotion; lawphi1.net
WHEREAS, the application of the prescribed educational requirements to such police officers who have been promoted to higher ranks in recognition of their meritorious length of service, experience and training, would adversely affect the morale and efficiency not only of the personnel directly affected but also the rank and file of the police agencies to which they belong;
WHEREAS, consideration of justice and equity, as well as the interest of the police service, require that appropriate consideration be given to police experience acquired by length of service, as well as special police training, for purposes of determining qualifications for promotion of those who were already in the service at the time of the approval of the Police Act of 1966;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated September 22, 1972, as amended, do hereby order and decree:
Section 1. Section 12 of Republic Act No. 4864, otherwise known as the "Police Act of 1966" is hereby amended as follows:
"Sec. 12 Promotion shall be made by the local chief executive concerned upon consultation with, or advice of, the chief of the local police agency, from among those who shall have passed the corresponding promotional examination given by the National Police Commission: Provided, That policemen who have been in the continuous police service for at least twenty years at the time of the effectivity of this Act on September 8, 1966, and who were subsequently promoted, and/or may hereafter be promoted, to higher ranks despite the lack of educational qualifications prescribed under Section 9(4) hereof shall be considered as possessing such educational qualifications: Provided, further, That policemen with less than twenty years of continuous service as herein provided who were likewise promoted to higher ranks despite the lack of said educational qualification shall retain such rank until the end of school year 1975-76 during which period they are hereby required to satisfy the prescribed educational requirement: Provided, finally, That those policemen who have satisfactorily completed any special training course or any combination thereof conducted by the National Police Commission or other police agencies, upon proper certification by the Chairman of the National Police Commission, shall likewise be considered as possessing such educational qualifications; otherwise, they revert to their corresponding lower ranks they held prior to September 8, 1966.
Section 2. All laws, rules and regulations which are inconsistent herewith are hereby repealed, modified and/or amended accordingly.
Section 3. This Decree shall take effect immediately.
Done in the City of Manila, this 2nd day of August, in the year of Our Lord, nineteen hundred and seventy-three.
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