Amending Section 4 of P.D. No. 971 Re: Legal Assistance for INP Members With Service-Connected Offenses

July 25, 1982

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"

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; cd

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;

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: aisa dc

SECTION 1. Section 4 of Presidential Decree No. 971 is hereby amended to read as follows:

"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:

"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. cdt

"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. aisa dc

DONE in the City of Manila, this 25th day of July in the year of Our Lord, Nineteen Hundred and Eighty-Two.

Published in the Official Gazette, Vol. 78 No. 40, 5486-55 Supp., on October 4, 1982.