Procedure for Filing Charges against Members of Police Force

October 4, 1972

PRESIDENTIAL DECREE NO. 12-A

WHEREAS, Presidential Decree No. 12 dated October 3, 1972, was issued in order to facilitate the weeding out of criminal and lawless elements among the members of city and municipal police forces throughout the country, to inculcate a sense of discipline among them, and to strengthen the people's faith in their law enforcing agencies;

WHEREAS, it is imperative that immediate appropriate measures be taken to hasten the weeding out of the undesirables in the police service and thereby effect a good police image in the maintenance of peace and order and impartial enforcement of our laws and ordinances;

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 and Presidential Decree No. 12 dated October 3, 1972, do hereby order and decree that:

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.

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

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.

3. In Administrative cases where the penalty of dismissal had already been rendered by the Police Commission en banc but have not been implemented by reason of the filing of a petition for reconsideration or appeal to the courts of justice, respondents therein shall immediately be suspended by the Police Commission until the Adjudication Board or the court has promulgated the appropriate resolution or decision on their cases.

4. When a member of the police force or agency is accused in court of any felony or violation of law by the city or municipal attorney, or by the chief of the city or municipal police, or by the provincial or assistant provincial fiscal or city or assistant city fiscal, or by an authorized representative of the National Bureau of Investigation or the Philippine Constabulary, the Police Commission shall immediately suspend the accused from office pending final decision by the court, unless sooner lifted by the Commission. cd i

Whenever such a criminal complaint or information is filed in court against a member of the police force, the city or municipal judge or the clerk of court shall immediately inform and furnish a copy of the same to the Police Commission so that it can immediately suspend the accused.

5. Pending the constitution of the new Boards 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, provided that they shall not exercise the power to suspend granted in paragraph 1 of this Decree.

Such Boards which are constituted in accordance with Republic Act No. 4864 shall, in all cases pending before it, immediately conduct a preliminary inquiry and should it find reasonable ground to believe that the respondent is probably guilty of a grave offense, the Board shall recommend to the Police Commission the suspension of the respondent. acd

6. All orders and decisions for suspension or dismissal of members of the police force shall be executed and implemented by the Police Commission.

7. Members of the police force who have been preventively suspended shall, upon exoneration be entitled to immediate reinstatement and payment of the entire salary they failed to receive during the period of suspension.

8. By virtue hereof, the provisions of the Police Act of 1966 and all Executive Orders, rules and regulations which are in conflict with this Decree are hereby modified and/or amended accordingly.

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

DONE in the City of Manila, this 4th day of October, in the year of Our Lord, Nineteen Hundred and Seventy-Two.