PLEB, An Independent Check And Balance Mechanism For

Police Discipline

The advent of Republic Act No. 6975, otherwise known as the

“Department of the Interior and Local Government Act of 1990”
introduced the concept of people empowerment in the police
administrative disciplinary system through the creation of People’s Law
Enforcement Board (PLEB) in every city and municipality in the
Philippines.

In the governance over the police, local government units and the
community were invested with substantial and meaningful participation,
particularly in the critical area of discipline.

The law, RA No. 69751, created two (2) administrative disciplinary

machineries for the Philippine National Police (PNP). One is internal and
the other is external. Comprising the first are the commanding officers of
the PNP who have jurisdiction for breaches of internal discipline. Further,
the Chief PNP and the PNP Regional Directors are vested with summary
dismissal powers on serious or grave offenses. On the other hand, under
the second administrative disciplinary machineries is the PLEB, which
together with mayor of cities and municipalities has jurisdiction to hear
and decide citizen’s complaints filed against every member of the PNP.

Section 43 of RA No. 6975 speaks of the creation of the People’s Law

Enforcement Board. According to Sec. 43, People's Law Enforcement
Board (PLEB) –

“(a) Creation and Functions. – Within thirty (30) days from the issuance of the
implementing rules and regulations by the Commission, there shall be created
by the Sangguniang Panlungsod/bayan in every city and municipality such
number of People's Law Enforcement Boards (PLEBs) as may be necessary,
provided that there shall be at least one (1) PLEB for every municipality and
for each of the legislative districts in a city. The PLEB shall have jurisdiction
to hear and decide citizen's complaints or cases filed before it against erring
officers and members of the PNP. There shall be at least one (1) PLEB for
every five hundred (500) city or municipal police personnel.
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Department of the Interior and Local Government Act of 1990
 (b) Composition and Term of Office. – The PLEB shall be composed of the
following:

(1) Any member of the Sangguniang Panlungsod/bayan chosen by his

respective sanggunian;

(2) Any barangay captain of the city or municipality concerned chosen by the
association of barangay captains; and

(3) Three (3) other members who shall be chosen by the peace and order
council from among the respected members of the community known for their
probity and integrity, one (1) of whom must be a member of the Bar or, in the
absence thereof, a college graduate, or the principal of the central elementary
school in the locality.

The Chairman of the PLEB shall be elected from among its members. The term of
office of the members of the PLEB shall be for a period of two (2) years from
assumption of office. Such member shall hold office until his successor shall have
been chosen and qualified.

(c) Compensation – Membership in the PLEB is a civic duty. However, PLEB

members may be paid per diem as may be determined by the city or municipal
council from city or municipal funds.

(d) Procedure – (1) The PLEB, by a majority vote of all its members and its
Chairman shall determine whether or not the respondent officer or member of
the PNP is guilty of the charge upon which the complaint is based.

(2) Each case shall be decided within sixty (60) days from the time the case
has been filed with the PLEB.

(3) The procedures in the PLEB shall be summary in nature, conducted in

accordance with due process, but without strict regard to technical rules of
evidence.

(4) The Commission shall issue the necessary implementing guidelines and
procedures to be adopted by the PLEB, including graduated penalties which
may be imposed by the PLEB.

(5) The Commission may assign the present NAPOLCOM hearing officers to
act as legal consultants of the PLEBs and provide, whenever necessary, legal
services, assistance and advise to the PLEBs in hearing and deciding cases
against officers and members of the PNP, especially those involving difficult
questions of law: Provided, That these lawyers may also be assigned to
investigate claims for death and disability benefits of PNP members or their
heirs.

(e) Decisions – The decision of the PLEB shall become final and executory:
Provided, That a decision involving demotion or dismissal from the service
 may be appealed by either party with the regional appellate board within ten
(10) days from receipt of the copy of the decision.”

Under the amendatory law, Republic Act No. 8551 2, Section 66, under
Title XIX, the said provision strengthens the powers of PLEB by
amending paragraph (a) of Section 43 of Republic Act No. 6975 which
states:

"SEC. 43. People's Law Enforcement Board (PLEB). – (a) Creation and
Functions – The Sangguniang Panlungsod/bayan in every city and
municipality shall create such number of People's Law Enforcement Boards
(PLEBs) as may be necessary: Provided, That there shall be at least one (1)
PLEB for every five hundred (500) city or municipal police personnel and for
each of the legislative districts in a city.

"The PLEB shall be the central receiving entity for any citizen's complaint
against the officers and members of the PNP. Subject to the provisions of
Section 41 of Republic Act No. 6975, the PLEB shall take cognizance of or
refer the complaint to the proper disciplinary or adjudicatory authority within
three (3) days upon the filing of the complaint."

Also in Section 67, Number (3) of Paragraph (b), Section 43 of Republic

Act No. 6975 is amended to read as follows:

"(3) Three (3) other members who are removable only for cause to be chosen
by the local peace and order council from among the respected members of the
community known for their probity and integrity, one (1) of whom must be a
woman and another a member of the Bar, or, in the absence thereof, a college
graduate, or the principal of the central elementary school in the locality."

Section 68. The last paragraph of Section 43 (b) (3) of Republic Act No.
6975 shall be amended to read as follows:

"The Chairman of the PLEB shall be elected from among its members. The
term of office of the members of the PLEB shall be for a period of three (3)
years from assumption of office. Such member shall hold office until his
successor shall have been chosen and qualified."

Section 69. Compensation and Benefits. – Paragraph c, Section 43 of

Republic Act No. 6975 shall be amended to read as follows:

"(c) Compensation. – Membership in the PLEB is a civic duty. However,

PLEB members shall be paid per diem and shall be provided with life
insurance coverage as may be determined by the city or municipal council
from city or municipal funds. The DILG shall provide for the per diem and
insurance coverage of PLEB members in certain low income municipalities."

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Philippine National Police Reform and Reorganization Act of 1998
Section 70. Budget Allocation. – The annual budget of the Local Government Units
(LGU) shall include an item and the corresponding appropriation for the maintenance
and operation of their local PLEBs.

The Secretary shall submit a report to Congress and the President within fifteen (15)
days from the effectivity of this Act on the number of PLEBs already organized as
well as the LGUs still without PLEBs. Municipalities or cities without a PLEB or
with an insufficient number of organized PLEBs shall have thirty (30) more days to
organize their respective PLEBs. After such period, the DILG and the Department of
Budget and Management shall withhold the release of the LGU's share in the national
taxes in cities and municipalities still without PLEB(s).

Section 71. Request for Preventive Suspension. – The PLEB may ask any authorized
superior to impose preventive suspension against a subordinate police officer who is
the subject of a complaint lasting up to a period as may be allowed under the law. A
request for preventive suspension shall not be denied by the superior officer in the
following cases:

a) when the respondent refuses to heed the PLEB's summons or subpoena;

b) when the PNP personnel has been charged with offenses involving bodily
harm or grave threats,

c) when the respondent is in a position to tamper with the evidence; and

d) when the respondent is in a position to unduly influence the witnesses.

Any superior who fails to act on any request for suspension without valid grounds
shall be held administratively liable for serious neglect of duty.”3

In addition, there are the offices of the Ombudsman, the Civil Service
Commission, and the Commission on Human Rights which investigate
complaints against uniformed members of the PNP file with them, with
the first two exercising adjudicatory power.

The existence of many bodies exercising administrative disciplinary

powers is not really a problem contrary to the online news wherein the
Incident Investigation and Review Committee (IIRC) has recommended
the crafting of Uniform Crisis Management Manual for all stakeholders
and abolition of People’s Law Enforcement Board (PLEB) and National
Police Commission (NAPOLCOM) summary proceedings as it wrapped
up its second phase of its inquiry into the August 23, 2010 hostage taking.

The creation of the PLEB as an independent check and balance

mechanism for police discipline is made more relevant by widespread
reports of irregularities, criminal activities and other condemnable actions
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Republic Act No. 6975 (1990)
on the part of the erring PNP personnel despite the existence of
disciplinary bodies within the PNP Organization itself. Despite the
various administrative bodies, it is very important to note that an ordinary
citizen must know where to file an administrative case against the rude
and abusive police officer. It is also noteworthy to mention that there is a
greater possibility that a case may prosper if filed in a proper quasi-
judicial court.

Truly, the existence of PLEB in the country is a conduit to an effective

mechanism for police discipline. The concept of people empowerment is
best shown in the composition of the PLEB, thus, if an ordinary citizen
who has qualms and inhibitions to file a complaint against an erring
police officer, the said citizen has now the opportunity to be heard by
lodging the complaint before the PLEB.