M a n i l a
PRESIDENTIAL DECREE No. 1707
AMENDING PRESIDENTIAL DECREE NUMBERED NINE HUNDRED SEVENTY-ONE AND FOR OTHER PURPOSES
WHEREAS, Presidential Decree No. 971 dated July 27, 1976 among other things, established an improved disciplinary system of the Integrated National Police.
WHEREAS, in the course of the enforcement of said Presidential Decree No. 971, it has been observed that there is a need for additional amendments to further strengthen said disciplinary system and attain fully the objectives thereof;
WHEREAS, it is imperative that immediate appropriate measures be taken to inculcate a deeper sense of discipline among the members of the Integrated National Police which will strengthen the people's faith in the law-enforcement agencies;
WHEREAS, Commanders of the Integrated National Police resort to disciplinary powers to instill discipline among the ranks; however, it is observed that for the more serious instances of police offenses, the existing disciplinary powers are inadequate to meet the necessity for prompt and effective discipline;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree the following:
Section 1. There is hereby inserted in Presidential Decree No. 971 a new Section to be known as Section 5-A which shall read as follows:
"Sec. 5-A. Power of the Commanders of the Integrated National Police to place any member in confinement or in restriction. Any sub-Station, Station, and District Commander, Provincial Police Superintendent or Officers holding equivalent Commands, the Regional Director of the Integrated National Police including the Director of the Metropolitan Police Force and the Director General of the Integrated National Police shall, as circumstances may require, have the power to place in confinement or in restriction in their respective station/headquarters any member of the Integrated National Police who is charged, has committed, is complained of or suspected of having committed any crime or offense, for the purpose of insuring the presence of such member during the trial of the case, and preventing him from further committing any other crimes or offenses in the meantime; unless the order of confinement or restriction is lifted by proper authority; Provided, however, That in case of an order of confinement of a member of the Integrated National Police pursuant to the provisions of this Section without a formal charge having been filed with the proper court at the same time, a written report shall be immediately forwarded to the Director General, Integrated National Police stating the facts, circumstances and the reasons therefor.
Any person placed in confinement or under restriction pursuant to the provisions of this Section, who shall escape from confinement or breaks his restriction whether before or after trial or sentence thereof or before he is released therefrom by proper authority shall be dismissed from the service or suffer such other punishment as the Director General of the Integrated National Police may direct.
Section 2. There is hereby further inserted in Presidential Decree No. 971 another new Section to be known as Section 8-A which shall read as follows:
"Sec. 8-A. Summary dismissal. The Regional Director including the Director of the Metropolitan Police Force and the Director General may immediately remove or dismiss any respondent Integrated National Police member without the necessity of a formal investigation in any of the following cases:
(a) When the charge is serious and the evidence of guilt is strong;
(b) When the respondent is a recidivist or has been repeatedly charged and there are reasonable grounds to believe that he is guilty of the charges;
(c) When the respondent is notoriously undesirable.
"The decision of the Regional Director or the Director of the Metropolitan Police Force to immediately remove or dismiss any respondent Integrated National Police member shall be appealable, within thirty (30) days from receipt thereof to the National Police Commission. The decision of the Director General, Integrated National Police and the National Police Commission reversing a decision to summarily dismiss a member thereof is final and shall entitle said member to reinstatement in the service in the position and rank last held and payment of all back salaries and other emoluments during the period that he was out of the service.
Resort to summary dismissal by the disciplinary authority shall be done with utmost objectivity and impartiality with the end that no injustice is committed."
Section 3. Any provisions of existing laws, rules and regulations or any portions thereof as are inconsistent with the provisions of this Decree are hereby repealed or modified accordingly.
Section 4. This Decree shall effect upon its approval.
Done in the City, of Manila, this 8th day of August, in the year of Our Lord, nineteen hundred and eighty.
The Lawphil Project - Arellano Law Foundation