MALACAŅANG
M a n i l a
PRESIDENTIAL DECREE No. 448 May 9, 1974
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
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; lawphi1.net
WHEREAS, in order to provide flexibility in the matter of appointment to the police service consistent with the policy or 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 appointments 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:
1. 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."
2. Section 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:
(1) He must be a citizen of the Philippines;
(2) He must be a person of good habits and moral conduct;
(3) He must be of sound mind and body;
(4) For appointment in the municipalities he must have at least completed high school, and for cities, at least completed two years of college;
(5) He must have no criminal record;
(6) He must not have been dishonorably discharged from military employment or dismissed for cause from any civilian position in the government;
(7) He must not be less than twenty-one nor more than thirty-three years of age, for appointment to the rank of patrolman;
(8) 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
(9) He must not weight more or less than five kilograms of the standard weight or 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 banc, 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."
3. Section 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 served 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 degree 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 banc, 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."
4. 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 conspicious 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."
5. 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 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 month's 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 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."
6. 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 Board 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 engaged 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."
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, it if appeared 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."
8. All laws, rules and regulations which are inconsistent herewith are hereby repealed, modified and/or amended accordingly.
9. 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.
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