AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED FOUR THOUSAND EIGHT HUNDRED AND SIXTY-FOUR, OTHERWISE KNOWN AS THE "POLICE ACT OF 1966", AND PRESIDENTIAL DECREES NUMBERED TWELVE AND TWELVE-A, AS AMENDED.

• Number: Presidential Decree No. 448
• Sections: 7

Preamble

WHEREAS, Republic Act No. 4864, otherwise known as the

Police Act of 1966, and Presidential Decrees No. 12 and 12-A as amended,

were enacted with the primordial purpose of strengthening and upgrading

the local police forces all over the country;

WHEREAS, in order to accelerate the attainment of the

objectives of the aforecited laws and to provide more responsive police

service, it is imperative that certain provisions of the same be

amended;

WHEREAS, in order to enable the National Police Commission

to discharge more effectively, its supervisory and disciplinary

responsibility over members of local police agencies, it is imperative

that the Commission be empowered to issue subpoena and subpoena duces

tecum and to authorize some of its officers to exercise the general

powers of peace officers while actually engaged in police investigation;

WHEREAS, in order to provide flexibility in the matter of

appointment to the police service consistent with the policy of

recruiting the most capable men to the service, it is advisable that a

system of waiver be established in appointment to the police force, and

that the minimum age, height and weight requirements for appointment be

fixed at a more realistic level;

WHEREAS, in order to provide security and incentive to the

staff of the Commission, it is advisable that compensation benefits be

extended to officials and employees of the latter who die or incur

disability in line of duty; WHEREAS, in order to accelerate the

investigation of police administrative cases and claims for death and

disability benefits, it is necessary that the Boards of Investigators as

organized under the Police Act of 1966 and Presidential Decree No. 12,

as amended, be replaced by full-time hearing officers;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the Constitution,

do hereby decree and order:

Section 4

Section 4 of Republic Act No. 4864 is hereby amended by

adding thereto another paragraph to be known as paragraph (o),

which shall read as follows:

"(o) To issue subpoena and subpoena duces tecum in matters

pertaining to the discharge of its powers and duties, to designate who

among its personnel can issue such process and administer oaths in

connection therewith,, and to authorize some of its officers to exercise

the general powers to make arrest, searches and seizures in accordance

with law, while actually involved in police investigation."

Section 7

Section 7 of Presidential Decree No. 12-A is hereby amended by

adding thereto a second paragraph which shall read as follows:

"Members of the police force who may have been arrested and

detained by the military for any offense falling under Proclamation No.

1081 and General Order No. 2-A may be restored to duty and pay status

during the period of their detention prior to the filing of a formal

charge against them in the appropriate tribunal or court, if it appears

that they have committed the offense while in the discharge of their

official duties.

"Members of the police force who have been detained by the

military authorities shall, upon exoneration or release without any

formal charge having been filed against them, be entitled to immediate

reinstatement and payment of the entire salary they failed to receive

during the period of detention."

All laws, rules and regulations which are inconsistent

herewith are hereby repealed, modified and/or amended accordingly.

This Decree shall take effect immediately.

Done in the City of Manila, this 9th day of May, in the year of Our

Lord, nineteen hundred and seventy-four.

(Sgd.)

FERDINAND E. MARCOS

President of the Philippines

By the President:

(Sgd.)

ALEJANDRO MELCHOR

Executive Secretary

Section 9

SEC. 9 of Republic Act No. 4864 is hereby amended to

read as follows:

"SEC. 9. General Qualifications for Appointment. – No

person shall be appointed to a local police agency unless he possesses

the following qualifications:

He must be a citizen of the Philippines;

He must be a person of good habits and moral conduct;

He must be of sound mind and body;

For appointment in the municipalities he must have at least

completed high school, and for cities, at least completed two years

of college;

He must have no criminal record;

He must not have been dishonorably discharged from military

employment or dismissed for cause from any civilian position in the

government;

He must not be less than twenty-one nor more than

thirty-three years of age, for appointment to the rank of patrolman;

He must be at least one meter and sixty-two centimeters in

height; provided, that a policewoman shall be at least one meter and

fifty-seven centimeters in height; and

He must not weigh more or less than five kilograms of the

standard weight corresponding to his height, age and sex.

"Persons who at the time of the approval of this Act have

rendered at least five years of satisfactory service in a city or

municipal police agency although they have not qualified in an

appropriate civil service examination are considered as civil service

eligibles for the purpose of this Act.

"When the exigency of the service so requires, the general

requirements provided for in sub-paragraphs (7), (8) and (9) of this

section may, upon recommendation of the appointing authority, duly

supported by an evaluation report of the police screening committee on

the merit and fitness of the applicant, be waived by the Chairman of the

National Police Commission, taking into consideration any or a

combination of such factors as possession of relevant police skills,

special qualifications, police training, acquired experience in police

or allied service, geographical location of the police department

concerned, being a member of the cultural minority, and other allied

factors, provided the applicant meets the other qualifications

prescribed in this Act. Educational qualifications provided for in

subparagraph (4) of this Section may, upon recommendation of the

appointing authority, duly supported by an evaluation report of the

police screening committee, be waived by the National Police Commission

en bane, in consideration of highly exceptional accomplishment or deed

of conspicuous gallantry in the interest of peace and order.

"No appointment shall be issued in favor of one who does not

meet the minimum requirements for appointment prescribed in the first

paragraph of this section, unless and until the required waiver is

secured."

Section 10

SEC. 10 of Republic Act No. 4864 is hereby amended to read as

follows:

"SEC. 10. Minimum qualification for appointment as

Chief of Police Agency.—No person may be appointed chief of a city

police agency unless he holds a bachelor's degree from a recognized

institution of learning and has Serve in the Armed Forces of the

Philippines or the National Bureau of Investigation or the National

Police Commission or has served as chief of police with exemplary

record, or has served in the police department of any city with the rank

of captain or its equivalent therein for at least three years; or any

person who has completed at least two (2) years college and who has

served as officer in the Armed Forces or the National Bureau of

Investigation or the National Police Commission or the police department

of a city for at least six years with the rank of captain or its

equivalent.

"No person may be appointed chief of a municipal police agency

unless he holds a bachelor's decree from a recognized institution of

learning or any person who has completed at least two (2) years college

and who has served the police agency of a city or municipality or has

served as officer in the Armed Forces or the National Bureau of

Investigation or the National Police Commission for at least six years

regardless of rank or for at least two (2) years in the rank of

lieutenant or its equivalent.

"When the exigency of the service so requires, the service

requirement provided for in the preceding paragraphs may, upon

recommendation of the appointing authority, duly supported by an

evaluation report of the police screening committee on the merit and

fitness of the applicant, be waived by the National Police Commission en

bane, taking into consideration such factors as possession of relevant

police skills, special qualifications, police training, acquired

experience in police or allied service, geographical location of the

police department concerned, being a member of the cultural minority,

and other allied factors, provided the applicant meets the other

qualifications prescribed in Sections 9 and 10 of this Act, provided,

that a member of the bar with at least three (3) years experience in

active law practice, shall be qualified for appointment as chief of a

city or municipal police agency if he meets the general qualifications

under Section 9 of this Act."

Section 12

Section 12 as amended, of Republic Act No. 4864, is hereby

further amended by adding thereto a second paragraph which shall read as

follows:

"Any law or rules to the contrary notwithstanding, spot

promotion may be extended to any member of the police force for acts of

conspicuous courage and gallantry at the risk of his life over and

beyond the call of duty. Recommendation of the appointing authority for

spot promotion shall be referred to the Police Screening Committee of

the locality for evaluation, after which the same shall be elevated to

the National Police Commission for approval. If warranted, the

Commission itself may direct the extension of spot promotion to

deserving members of the police force."

Section 21 of R.A. 4864 is hereby amended to read as follows: "SEC. 21. Death and Disability Benefits.

Section 21 of R.A. 4864 is hereby amended to read as follows:

"SEC. 21. Death and Disability Benefits.—Notwithstanding

any provision of existing laws, rules and regulations to the contrary,

when a member of a local police force or agency, or that of the National

Police Commission is injured while in the performance of duty or

contracts sickness or disease arising out of the performance of duty,

absence during any period of such disability thereby occasioned, shall

be on full pay, and he shall be entitled to payment of medicines,

medical attendance, hospital fees, necessary transportation and

subsistence. Absence in the cases enumerated above shall not be charged

against vacation or sick leaves. He shall, in addition, be entitled to a

lump sum gratuity of one hundred to two thousand pesos, depending upon

the merits of the case.

"In addition to premiums due the Government Service Insurance

System for members of the local police agency and the employees of the

National Police Commission, the proper governmental entity shall pay the

premiums due for whatever group insurance policy which may be in force.

"If a member of the police force or employee of the National

Police Commission is killed or dies from injuries suffered or sickness

contracted or aggravated in line of 'duty, the surviving spouse or if

there be none, dependents, or the surviving parents or brothers and

sisters, shall be entitled in addition to the foregoing benefits to one

year's salary which shall in no case be less than six thousand pesos and

burial expenses equivalent to three months' salary, which shall in no

case be less than one thousand pesos.

"If such member of the force or employee of the National Police

Commission is permanently disabled as a result of injuries suffered or

sickness contracted or aggravated in line of duty, the city or municipal

mayor or the Chairman of the National Police Commission, as the case

may be, shall cause the compulsory retirement of such member or employee

upon certification by the city or municipal health officer, or by any

government physician in the case of employees of the Commission, that

the extent of the disability or sickness renders such member unfit or

unable to further perform the duties of peace officer or employee of the

Commission, in which case he shall be entitled to a gratuity equivalent

to one year's salary which shall be in no case be less than six

thousand pesos in addition to the foregoing benefits, and to a lifetime

pension equivalent to eighty percent of his highest salary.

"In the event the disabled party believes that he is not totally

disabled, he may appeal to the National Police Commission whose

decision shall be final.

"All disbursements herein contemplated shall be authorized by

the Commission upon recommendation of the Hearing Officer of the

province or city concerned; provided, that disbursements for employees

of the National Police Commission shall be authorized by the Commission.

"All compensation herein granted shall not be subject to

attachment, levy, execution or any tax whatsoever, nor affect benefits

received or to be received from the Government Service Insurance System.

Claims under this Act shall not prescribe."

Paragraph 3 of Presidential Decree No. 12 dated 3 October 1972

is hereby amended to read as follows:

"3. In lieu of the Board of Investigators provided for under

Republic Act No. 4864 (Police Act of 1966), the Chairman of the National

Police Commission shall appoint at least one-Hearing Officer for each

province and city for the purpose of investigating administrative

charges and benefits claims involving any member of the city or

municipal police agency. The hearing Officer of the National Police

Commission shall perform the same duties as the Boards of Investigators

in accordance with the Police Act of 1966, Presidential Decrees No. 12,

12-A, 12-B, and implementing Executive Orders, rules and regulations.

Said hearing officers shall submit monthly reports on the cases referred

to them for investigation indicating the status and/or disposition

thereof, to the Chairman of the National Police Commission, who shall

see to it that cases filed with and/or referred to the Hearing Officers

shall be acted upon and disposed of without undue delay.

"There shall also be appointed at least one supervising Hearing

Officer for each region throughout the Philippines for the purpose of

exercising immediate supervision and coordinating the functions of

provincial and city Hearing Officers within the region, provided there

shall at least be one supervising Hearing Officer for Greater Manila

area.

"The Hearing Officers and supervising Hearing Officers of the

Commission shall have the power to issue subpoena and subpoena

duces tecum and to administer oaths in connection with the

investigation of police administrative cases and claims for benefits.

"No person shall be appointed as Hearing Officer unless he has

been a member of the Philippine Bar for at least three (3) years: Provided,

however, That he shall not during the continuance in office, engage

in the practice of his profession.

"Upon the appointment of a Hearing Officer in a province or

city, the Board of Investigators therein shall be dissolved and all

cases pending before it shall be assumed by such hearing officer.

"Pending the appointment of the Hearing Officers for each

province and city under this Decree, the Board of Investigators created

under Section 15 of Republic Act No. 4864 and Presidential Decree No. 12

shall continue to function."