AMENDING PRESIDENTIAL DECREE NUMBERED NINE HUNDRED SEVENTY ONE AND FOR OTHER PURPOSES

• Number: Presidential Decree No. 1707
• Sections: 5

Preamble

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

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:

"SECTION 5-A. Power of the Commanders of the Integrated

National Police to place any member in confinement or in restriction. — Any

sub-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

crime 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

SEC. 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:

"SECTION 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 disciplining authority shall be done with

utmost objectivity and impartiality with the end that no injustice is

committed.”

Section 3

SEC. 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

SEC. 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.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JUAN C. TUVERA

Senior Presidential

Assistant