Amending Paragraph 2 of P.D. No. 12

November 13, 1974

PRESIDENTIAL DECREE NO. 580

AMENDING PARAGRAPH TWO OF PRESIDENTIAL DECREE NO. 12

WHEREAS, under Presidential Decree No. 12, dated October 3, 1972, the Adjudication Boards in the Office of the National Police Commission are empowered to perform the functions of the Commission En Banc in the review and final adjudication of administrative cases against members of police forces; cd

WHEREAS, considering the severity of the penalty of removal, it is essential that in cases where such penalty is imposed by the Adjudication Boards, a machinery of appeal be provided to ensure more thorough consideration of the cases;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution and pursuant to Proclamation No. 1081, dated September 21, 1972, and Proclamation No. 1104, dated January 17, 1973, and General Order No. 1, dated September 22, 1972, do hereby order and decree to be part of the law of the land, the following:

1. Paragraph 2 of Presidential Decree No. 12 is hereby amended to read as follows:

"2. The Adjudication Boards shall perform the functions of the National Police Commission En Banc in the review and final adjudication of administrative cases of members of police forces falling under the Police Act of 1966; Provided, That in cases where the penalty imposed by the Adjudication Boards is removal or dismissal from the service, the respondent may appeal the decision to the Commission En Banc for review and final disposition, within fifteen (15) days from his receipt thereof; Provided, further, That the Chairman, may in his discretion, designate a special appellate committee composed of three (3) members of the Commission to discharge this particular function with finality. An appeal shall not stop the decision of removal from being executory, and in the event that the respondent is exonerated on appeal, he shall be considered as having been under suspension during the pendency of the appeal.

2. 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laws, Executive Orders, decrees, and other Presidential issuances which are in conflict with this Decree, are hereby repealed, modified and/or amended accordingly. aisa dc

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

DONE in the City of Manila, this 13th day of November, in the year of Our Lord, Nineteen Hundred and Seventy-Four. aisa dc