WOES E
acs
ReCkEIVED

oni, NAR D7,

is
BY

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH (177!) CONGRESS
First Regular Session

House Bill No. 5198

Introduced by ERIC L. OLIVAREZ

EXPLANATORY NOTE

‘In light of the fast paced development and urbanization of the
cities and municipalities in the country, the inevitable increase in
crime rates cannot as well be denied. Factors such as increase in
the population, higher cost or standard of living, and poverty,
among many others, expose the general public to many wrongful
deeds and transgressions.

During these times, the role of the police is much more
highlighted. The threatened public need more than ever the services
of our police officers to ensure their safety and protection. In the
same way, the compelling authority of the police officers serves as a
very effective deterrent to criminals and other potential offenders.

In relation to this, it must be underscored that the power and
influence of the police officers is largely dependent on public


approval of their existence, actions, deeds, manners and on their
ability to secure and maintain public respect. To a certain extent,
the perception of the public with respect to the reputation of our
police officers is what enables the latter to fulfil their functions and
duties. It is worthy to note that the Philippine National Police (PNP)
has recently obtained an all-time low in public trust and perception
due to their direct involvements in criminal activities such as
murder, kidnapping and other grave offenses committed not only
against Filipinos but against foreigners as well.

This is where the function of People’s Law Enforcement Body
(PLEB), and the necessity to strengthen it so, comes in. The PLEB
ensures that our police officers maintain a very high degree of
principle and dedication to their duties and oath as public officers
which ultimately gains the respect and the trust of the public.

By further reinforcing the powers and functions of the PLEB,

we are in effect serving the cause of the people. It is a measure that
guarantees to the public that our police officers are worthy of their

trust, confidence and high regard.
i‘ wa
ERIC OL! EZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH (17) CONGRESS
First Regular Session

House Bill No. 5198

Introduced by ERIC L. OLIVAREZ

AN ACT STRENGTHENING THE DUTIES, FUNCTIONS AND
POWERS OF PEOPLE'S LAW ENFORCEMENT BOARD (PLEB)
AND HEREBY FURTHER AMENDING REPUBLIC ACT NO. 6975,
AS AMENDED BY REPUBLIC ACT NO. 8551.

Section 1. Paragraph (a) Section 43 of RA 6975 as amended by
Section 66 of RA 8551 is further amended to read as follows:

"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 depending on the
population of the said city and/or municipality and such



other circumstances that may warrant the call for a
PLEB with bigger membership: 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, A municipality with less
than five hundred (500) police personnel shall utilize
the PLEB of the nearest municipality.

"The PLEB shall be the central receiving entity for any
citizen's complaint against the officers and members of
the PNP assigned either temporarily or permanently
in a particular city or municipality. The PLEB shall
have original jurisdiction or take exclusive
cognizance of all administrative cases filed against
any member of the PNP assigned in a particular city
or municipality or refer the complaint to the proper
disciplinary or adjudicatory authority within three (3)
days upon the filing of the complaint if the
administrative case is filed against a member of the
PNP not assigned in a city or municipality."

Section 2. Number (3) of paragraph (b), Section 43 of RA 6975
as amended by Section 67 of RA 8551 is further amended to
read as follows:

(3) at least Three (3) other members who are removable
only for grounds enumerated under Section 3 of this Act
or for any other analogous cases, to be chosen by the
local peace and order council from among the respected
members of the community known for their probity and
integrity, at least one (1) of whom must be a woman and
at least one (1) a member of the Bar, or, in the absence



of a lawyer, a college graduate, or the principal of the
central elementary school in the locality.

If one of the members of the PLEB is a lawyer he
shall ipso facto be the Chairman of the PLEB. In the
absence of a member of the Bar, the Chairman 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 and shall be
eligible for reappointments for another two (2) terms
only. No person shall be appointed as the same
member of the PLEB for more than three (3)
consecutive terms. Voluntary renunciation of office
for any length of time shall not be considered as an
interruption on the continuity of service for the full
term for which the representative was appointed.

Section 3. The following provisions shall be added under
paragraph (b) Section 43 of RA 6975 as amended by Section 67
of RA 8551, to wit:

(4) The members of the PLEB that will be chosen
shall be of good moral character and shall not have
been convicted by final judgment of any crime
involving moral turpitude at the time of their
appointment and throughout their term.

(5) A conviction by final judgment of any crime
involving moral turpitude of any member of the PLEB
while serving his term shall be valid cause for his
termination. He shall be replaced by a qualified
individual in accordance with this Act who shall serve
the remaining term of his predecessor.


Section 4, Jurisdiction. - The PLEB shall have exclusive and
original jurisdiction over all administrative cases against any
member of the PNP assigned in a particular city or
municipality. Save for the PLEB, no other agency of the
government shall take cognizance of the administrave
complaint against any member of the PNP assigned in a
particular city or municipality.

Except in criminal and civil cases, the PLEB of the city or
municipality where the private complainant resides shall have
exclusive jurisdiction in administrative cases involving a police
officer assigned, either temporarily or permanently, in the said
city or municipality. Provided that if there are two or more
complainants who reside in different cities and municipalities,
exclusive jurisdiction is vested upon the PLEB of the city or
municipality where the complaint was first filed. Provided
further, that an administrative complaint arising from a
criminal case filed against a police officer shall be cogizable by
the PLEB of the city or municipality where the private
complainant resides.

Section 5, Paragraph (c) Section 43 of RA 6975, as amended by
Section 69 of RA 8551, is further amended to read as follows:

Compensation, allowances and Operational Expenses. —
Membership in the PLEB is a civic duty. However, PLEB
members shall be paid per diem, but in no way shall be less
than the per diem granted to and received by previous
PLEB members, and shall be provided with life insurance
coverage and other grants and benefits as may be
determined by the city or municipal council from city or
municipal funds. The insurance coverage shall be included
in the annual budgetary allocations of the City or


Municipality. The DILG shall provide for the per diem and
insurance coverage of PLEB members in certain low income
municipalities. The Sangguniang of a city or municipality,
or the DILG in the case of low income municipalities shall
review and adjust the per diem of the PLEB members
every two (2) years.

Each member and personnel of the PLEB shall be
entitled to receive Christmas cash gifts given to the local
government employees.

The Chairman of the PLEB shall receive a monthy
representation allowance in the amount of P5,000.00 over
and above his per diem as member of the PLEB.

The operational expenses of PLEB shall be included in
the annual budgetary appropriations of the City or
Municipality.

Section 6. No. (5), Paragraph (d) of Section 43 of RA 6975 is
hereby amended as follows:

(5) In the absence of a member of the Bar in the
PLEB, the National Police Commission (NAPOLCOM) may
assign its hearing officers to act as legal consultants with
a per diem which is equivalent to one half (1/2) of
what is being received by PLEB members and provide,
whenever necessary, and as requested by the PLEB of a
certain city/municipality, legal services, istance
and advise to the latter in hearing and deciding cases
against erring 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 be
immediately final and executory: Provided, That a
decision involving suspension, 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. In case of suspension,
demotion or dismissal from the service, the police
officer shall immediately serve his/her sentence
provided that in the event of final reversal of the
decision by a higher appellate authority he shall be
entitled to immediate reinstatement with payment of
full back wages and other benefits.

Section 7. Section 71 of RA 8551 is amended to
read as follows:

Section 71. Order for Preventive Suspension. — The
PLEB may order 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. An Order for
Preventive Suspension by the PLEB is warranted
under 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 witne:



e) in any other analogous cases, as deemed
proper by the PLEB.

Any superior who fails to act on an order for preventive
suspension by the PLEB without valid grounds shall be
held administratively liable for serious neglect of duty by
the PLEB without prejudice to other immediate
sanctions to be determined by the PLEB .

Section 8. Rules and Regulations. - Unless otherwise provided in
this Act, the Commission in coordination with the Philippine
National Police and the Department of the Interior and Local
Government, shall promulgate rules and regulations for the effective
implementation of this Act. Such rules and regulations shall take
effect upon their publication in three (3) newspapers of general
circulation.

Section 9. Repealing Clause.- All laws, presidential decrees,
letters of instructions, executive orders, rules and regulations
insofar as they are inconsistent with this Act, are hereby repealed
or amended as the case may be.

Section 10. Separability Clause. - In the event that any provision
of this Act or any portion thereof is declared unconstitutional by a
competent court, the other provisions shall not be affected thereby
and shall remain valid and enforceable.

Section 11, Effectivity Clause. - This Act shall take effect after its

complete publication in at least three (3) newspapers of general
circulation.

APPROVED.