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;
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:
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 Bane 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 Board 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.
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hereby repealed, modified and or amended accordingly.
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.
(Sgd.)
FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd.)
ALEJANDRO MELCHOR
Executive Secretary