Presidential Decree No. 971 (PD 971) — 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, Presidential Decree No. 765, dated August 8, 1975,
has established the Integrated National Police to attain a hi?h level of
efficiency and discipline in police administration under a unified command:
WHEREAS, the existing laws, decrees, rules and regulations
need further strengthening to achieve the desired discipline and conduct in the
service;
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, as part of the laws of the land, the following:
Summary Disciplinary Powers of Commanders.
SECTION 1. Summary Disciplinary Powers of
Commanders.—The duly designated commanders in the Integrated National
Police shall, in dealing with a minor offense committed by any regular or
uniformed member of their respective commands, have the summary disciplinary
powers as indicated below:
a. Municipal substation commanders, station and district commanders, and
provincial police superintendents or officers holding equivalent commands may
summarily impose the administrative punishment of admonition or reprimand;
restriction to specified limits; withholding of privileges; forfeiture of salary
for not more than ten (10) days; suspension for a period not exceeding ten (10)
days; or any combination of the foregoing, provided that the total period shall
not exceed ten (10) days.
b. The Regional or Zone Directors, including the Director of the Metropolitan
Police Force, shall have the power to impose upon any of the members under their
respective commands summary disciplinary punishment of suspension for not
exceeding fifteen (15) days or forfeiture of salary of not more than fifteen
(15) days.
c. The Director General shall have the power to impose upon the members of
the Integrated National Police, summary disciplinary punishment of suspension
for not exceeding thirty (30) days or forfeiture of salary of not more than
thirty (30) days.
Minor Offense, defined.
SEC. 2. Minor Offense, defined.—Minor offense
refers to an act or omission not involving moral turpitude but affecting the
internal discipline of the Integrated National Police.
Whether an offense is minor or not depends upon its nature, the time and
place of its commission and the rank of the person committing it.
In no case shall the following offenses be considered as minor; disloyalty to
the government; grave misconduct; gross inefficiency or incompetence;
oppression; serious irregularities or serious neglect; notoriously disgraceful
or immoral conduct; engaging directly or indirectly in partisan political
activities; falsification; other crimes involving moral turpitude; directly or
indirectly obstructing, defeating or violating the civil rights and liberties of
an individual; receiving a fee, gift or other valuable thing from any person who
gives the same in consideration of services or favors received or in the hope or
expectation of receiving a favor or better treatment than that accorded to other
persons.
Finality of Summary Disciplinary Action.
SEC. 3. Finality of Summary Disciplinary
Action.—The summary disciplinary action imposed upon a member of the
Integrated National Police shall be final and executory: Provided, that the
disciplinary action taken by a commander lower than the Director General may be
appealed to the next higher commander within ten (10) days from receipt of
notice of the decision thereof by the member concerned.
Preventive Suspension by Reason of Pending Criminal Case.
SEC. 4. Preventive Suspension by Reason of Pending
Criminal Case.—Whenever a member of the Integrated National Police is
accused in the civil or military court of any felony or violation of law by the
municipal or city attorney, the provincial or city fiscal, the prosecutor of the
Department of Justice or the authorized representative of the Philippine
Constabulary/Integrated National Police, the National Bureau of Investigation or
any major service . of the Armed Forces of the Philippines, the station or
higher commander concerned or the National Police Commission shall immediately
suspend the accused from office pending final decision by the court. For this
purpose, it shall be the duty of the judge or clerk of court concerned to
furnish the station commander or police superintendent and the National Police
Commission with the copy of the complaint or information against said member.
The preventive suspension of the accused shall remain operative pending decision
of the case by the court unless sooner lifted by the said Commission by reason
of the exigency of the service upon recommendation of the Director General,
Placement of the Accused in the Custody of his Commander.
SEC. 5. Placement of the Accused in the Custody of his
Commander.—When the charge against a member of the Integrated National
Police, referred to in the preceding section, arose from the performance of
duty, the court may, upon proper petition of the immediate commander, place the
member concerned under the custody of such commander in lieu of requiring a bail
bond.
Entitlement to Reinstatement and Salary.
SEC. 6. Entitlement to Reinstatement and Salary.—A
member of the Integrated National Police who may have been suspended from office
in accordance with the preceding sections shall, upon acquittal from the charges
against him, be entitled to reinstatement by the station or higher commander and
payment of any salary and/or allowances withheld from him by reason of such
suspension.
Suspension by reason of detention.
SEC. 7. Suspension by reason of detention.—Any
member of the Integrated National Police who may have been lawfully detained by
the military authorities for offenses covered by Presidential General Order No.
2A, as amended, shall also be considered suspended from office during such
detention: Provided, That, if he is released without formal charges having been
filed against him in court, he shall be entitled to the rights provided for in
the preceding section hereof.
Removal and Suspension of Members of the Integrated National Police.
SEC. 8. Removal and Suspension of Members of the
Integrated National Police.—Members of the Integrated National Police may
be suspended for a period not exceeding one year or removed from the service for
misconduct, incompetency, dishonesty, disloyalty to the government,
irregularities in the performance of duties, neglect of duty or violation of
law, upon written complaint filed under oath with the Hearing Officer of the
National Police Commission, in the province or city where such member is
assigned: Provided, That once an administrative complaint on any of the grounds
herein mentioned is filed under oath with the Hearing Officer or with the
Commanders referred to in Section 1 of this Decree, such commanders may, based
upon their own findings of fact and in the interest of the service suspend the
respondent pending resolution of the case unless lifted by the Director General
or the National Police Commission: Provided, further, That the commander
concerned shall, in case the complaint is filed directly with him, refer the
same to the Hearing Officer without unnecessary delay. In provinces where there,
are no appointed Hearing Officers yet, such complaint shall be filed with the
Board of Investigators of the locality.
Neglect of Duty or Non-feasance is the omission or refusal, without
sufficient excuse, to perform an act or duty, which it was the officer's legal
obligation to perform.
Irregularities in the Performance of Duties is the improper performance of
some act which might lawfully be done.
Misconduct or Malfeasance is the doing either through ignorance, inattention
or malice, of that which the officer had no legal right to do at all, as where
he acts without any authority whatsoever or exceeds, ignores or abuses his
powers.
Incompetency is the manifest lack of adequate ability and fitness for the
satisfactory performance of official duties by reason of the officer's vice or
vicious habits. This has reference to any physical moral or intellectual quality
the lack of which substantially incapacitates one to perform the duties of a
peace or public safety officer.
Dishonesty is the concealment or distortion of truth in a matter of fact
relevant to one's office, or connected with the performance of his duties.
Disloyalty to the Government consists of abandonment or renunciation of one's
loyalty to the Government of the Philippines, or advocating the overthrow of the
Government.
Violation of Law presupposes conviction in Court of any crime or offense
penalized under the Revised Penal Code or any other penal law or ordinance.
Upon the filing of the complaint against a member of the Integrated National
Police with the Hearing Officer of the Province or City where the respondent is
stationed, a copy of the said complaint shall be furnished the former by the
Hearing Officer within five (5) days from the date of filing thereof, and the
respondent shall answer within five (5) days from receipt thereof.
Within five (5) days from receipt of respondent's answer or from the
expiration of respondent's period to answer, whichever is earlier, the Hearing
Officer shall conduct a preliminary inquiry for the purpose of determining
whether or not a prima facie case exists against the respondent. In such
preliminary inquiry, the Hearing Officer shall examine under oath both parties
and their witnesses, with a view of ascertaining the existence of a probable
cause against respondent. Should the Hearing. Officer find no prima facie, case
against the respondent, he shall drop the case. subject to anneal by the
complainant to the Adjudication Board of the Commission, with fifteen (15) days
from receipt of the notice of dismissal: Provided, That the Commission may order
the reopening of the case motu propio if the interest of justice so warrants.
Should the Hearing Officer find during the preliminary inquiry a prima facie
case against the respondent, he shall within ten (10) days from the termination
of the preliminary inquiry, conduct a formal investigation of the case. If the
charge is serious and evidence of guilt appears strong, the Hearing Officer
shall immediately recommend to the National Police Commission the suspension of
the respondent, pending final disposition of the administrative case, unless
sooner lifted.
Unless for good cause shown, the investigation shall be finished within
thirty (30) days from the commencement thereof and the corresponding findings
and recommendation thereon shall be submitted by the Hearing Officer within
thirty (30) days from termination of the investigation to the Adjudication Board
of the Commission for decision.
The decision of the Adjudication Board shall be final except where it
involves removal or dismissal from the service, in which case the respondent may
within fifteen (15) days from his receipt of the decision, appeal the same to
the Appellate Committee of the National Police Commission for review and final
disposition.
The term member as used in this Decree shall be understood to refer to the
uniformed or regular police, jail or fire personnel of the Integrated National
Police.
Legal Assistance.
SEC. 9. Legal Assistance.—The Secretary of Justice,
the Secretary of National Defense, the Chairman of the National Police Commission
and the Director General of the Integrated National Police may authorize lawyers
of their respective agencies to provide legal assistance and representation to
any member of the Integrated National Police who is facing charges before
fiscals and courts for any offenses arising from or connected with the
performance of his official duty: Provided, That for the purposes of this
Section, government lawyers so authorized shall have the power to administer
oaths: Provided, further, That lawyers may be employed from the private sectors
to provide such legal assistance where and when government lawyers are not
readily available: Provided, finally. That the Secretaries of Justice and
National Defense shall promulgate joint rules and regulations to implement the
provisions of this Section.
SEC. 10. Appropriations.. The amount of two million pesos
(P2,000,000) is hereby authorized to be appropriated out of the funds in the
National Treasury not otherwise appropriated, to be administered by the
Integrated National Police, to carry out the purpose of this Decree and
thereafter, such amounts as mav be necessary for this purpose shall be included
in the annual appropriation of the Integrated National Police.
Rules and Regulations.
SEC. 11. Rules and Regulations.—The Director
General of the Integrated National Police and the Chairman of the National
Police Commission shall, with the approval of the Secretary of National Defense,
promulgate the rules and regulations for the effective implementation of
provisions of this Decree except as provided in Section 9 above.
Repealing Clause.
SEC. 12. Repealing Clause.—The provisions of
Republic Act No. 4864, otherwise known as the Police Act of 1966, as amended by
Presidential Decree No. 12, dated October 3, 1972; No. 12-A, dated October 4,
1972; No. 12-B, dated October 28, 1972; No. 263, dated August 2, 1973; No. 307,
dated October 9, 1973; No. 448, dated May 9, 1974; No. 580, dated November 13.
1974: No. 765, dated August 8, 1975 and the Revised Administrative Code, as
amended; the provisions of all City Charters and all other laws, decrees, orders
and rules and regulations which are inconsistent herewith are hereby repealed or
modified accordingly.
Effectivity.
SEC. 13. Effectivity.—This Decree takes effect upon
approval.
Done in the City of Manila this 27th day of July, in the year of Our Lord,
nineteen hundred and seventy-six.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President:
(Sgd.) JUAN C. TUVERA
Presidential
Assistant.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
