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 Twel
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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 Twel
Presidential Decree No. 448
May 9, 1974
Case Overview and Summary
Summary of Presidential Decree No. 448Amending the Police Act of 1966 and Presidential Decrees No. 12 and 12-A
I. Empowering the National Police Commission
- Authorizes the National Police Commission to issue subpoenas and subpoenas duces tecum in matters related to its powers and duties. (Section 1)
- Allows the Commission to designate personnel to issue subpoenas, administer oaths, and exercise general powers of arrest, search, and seizure while involved in police investigations. (Section 1)
II. Qualifications for Appointment to Local Police Agencies
- Sets minimum qualifications for appointment as a police officer, including citizenship, moral conduct, education level, age (21-33 for patrolman), height (at least 1.62m for men, 1.57m for women), and weight requirements. (Section 2)
- Allows the Commission to waive age, height, and weight requirements upon recommendation and evaluation of the applicant's merit and fitness, considering factors like relevant skills, training, experience, location, and cultural minority status. (Section 2)
- Allows the Commission to waive educational qualifications for highly exceptional accomplishments or conspicuous gallantry in the interest of peace and order. (Section 2)
III. Qualifications for Appointment as Chief of Police
- Requires a bachelor's degree and specific years of service in the Armed Forces, National Bureau of Investigation, National Police Commission, or police department for appointment as chief of a city or municipal police agency. (Section 3)
- Allows the Commission to waive service requirements upon recommendation and evaluation, considering factors like relevant skills, training, experience, location, and cultural minority status. (Section 3)
- Qualifies members of the bar with at least 3 years of active law practice for appointment as chief of police if they meet general qualifications. (Section 3)
IV. Spot Promotion for Conspicuous Courage and Gallantry
- Allows spot promotion for police officers for acts of conspicuous courage and gallantry at the risk of life beyond the call of duty, upon recommendation of the appointing authority, evaluation by the Police Screening Committee, and approval by the National Police Commission. (Section 4)
V. Death and Disability Benefits
- Provides full pay, medical expenses, transportation, subsistence, and a lump sum gratuity of 100 to 2,000 pesos for police officers injured or contracting sickness in the line of duty. (Section 5)
- Entitles the surviving spouse, dependents, parents, or siblings of a police officer killed in the line of duty to one year's salary (minimum 6,000 pesos) and burial expenses (minimum 3 months' salary or 1,000 pesos). (Section 5)
- Provides compulsory retirement with a gratuity of one year's salary (minimum 6,000 pesos) and a lifetime pension of 80% of the highest salary for police officers permanently disabled in the line of duty. (Section 5)
- Allows appeals for disability determinations to the National Police Commission. (Section 5)
- Exempts compensation from attachment, levy, execution, or taxes, and does not affect GSIS benefits. (Section 5)
- Claims for benefits do not prescribe. (Section 5)
VI. Hearing Officers for Administrative Charges and Benefits Claims
- Replaces the Board of Investigators with Hearing Officers appointed by the Commission Chairman for each province and city to investigate administrative charges and benefits claims involving police officers. (Section 6)
- Requires Hearing Officers to submit monthly reports on case status and disposition to the Commission Chairman. (Section 6)
- Appoints Supervising Hearing Officers for each region to supervise and coordinate provincial and city Hearing Officers. (Section 6)
- Grants Hearing Officers the power to issue subpoenas and administer oaths in investigations. (Section 6)
- Requires Hearing Officers to be members of the Philippine Bar for at least 3 years and prohibits them from practicing their profession while in office. (Section 6)
- Transfers pending cases from the Board of Investigators to the appointed Hearing Officers. (Section 6)
VII. Restoration and Reinstatement of Detained Police Officers
- Allows restoration to duty and pay status for police officers detained by the military under Proclamation No. 1081 and General Order No. 2-A if the offense was committed in the discharge of official duties, prior to formal charges being filed. (Section 7)
- Entitles police officers detained by the military to immediate reinstatement and payment of salary for the detention period if exonerated or released without formal charges. (Section 7)
VIII. Repealing and Modifying Inconsistent Laws
- Repeals, modifies, or amends laws, rules, and regulations inconsistent with this Decree. (Section 8)
IX. Effectivity
- This Decree takes effect immediately. (Section 9)
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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 Twel
Presidential Decree No. 448
•May 9, 1974
MALACAÑANGM 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;...
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