Congress of the Philippines
Seventeenth Congress
Third Regular Session }
H O U S E O F R E P R E S E N T A T IV E S
H. No. 9071
By Representatives Chipeco, Ouvarez, Acop, Dalipe, Lobregat, Tambunting, Unico,
Lopez (M.L.), Biazon, Lanete, Sarmiento (E.M.), Sy-Alvarado, Mending, Bataoil,
Ferrer (J.), Veloso and Revilla, per Committee Report No . 1229
AN ACT
STRENGTHENING THE PEOPLE'S LAW ENFORCEMENT BOARD (PLEB),
FURTHER AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6975,
OTHERWISE KNOWN AS "THE DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT OF 1990" AS AMENDED BY REPUBLIC ACT NO. 8551,
OTHERWISE KNOWN AS THE "PHILIPPINE NATIONAL POLICE REFORM AND
REORGANIZATION ACT OF 1998"
Be it enacted by the Senate and the House of Representatives o f the Republic of the
Philippines in Congress assembled:
SECTION 1. Paragraph (a). Section 43 of Republic Act No. 6975, as
amended by Sec. 66 of Republic Act No. 8551, is hereby 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: 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.
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The PLEB shall be the central receiving entity for any citizen’s
complaint against the officers and members of the PNP WHETHER OR NOT
ASSIGNED IN A PARTICULAR MUNICIPALITY OR CITY AS LONG AS
THE ACTS COMPLAINED OF WERE COMMITTED IN SAID LOCALITY.
[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.]
THE PLEB SHALL HAVE ORIGINAL AND CONCURRENTJURISDICTION
OVER ALL ADMINISTRATIVE CASES FILED AGAINST ANY UNIFORMED
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 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 COGNIZABLE BY THE PLEB OF THE CITY
OR MUNICIPALITY WHERE THE PRIVATE COMPLAINANT RESIDES.”
SEC. 2. Number (3) of Paragraph (b), Sec. 43 of Republic Act No. 6975, as
amended by Sec. 67 of Republic Act No. 8551, is further amended to read as
follows:
"(3) [Three (3)] FIVE (5) 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] PROVIDED ONE IS A WOMAN,
ANOTHER IS A MEMBER OF THE RELIGIOUS SECTOR, ANOTHER A
MEMBER OF A DULY REGISTERED NON-GOVERNMENTAL
ORGANIZATION (NGO) OR PEOPLE’S ORGANIZATION (PO), AND
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FINALLY, 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.
IF ONE OF THE MEMBERS OF THE PLEB IS A LAWYER, THE
MEMBER SHALL IPSO FACTO BE THE CHAIRPERSON OF THE PLEB. IN
THE ABSENCE OF A MEMBER OF THE BAR, [T]the Chairman] THE
CHAIRPERSON 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 AND SHALL BE ELIGIBLE FOR
REAPPOINTMENTS FOR ANOTHER TWO (2) TERMS ONLY. NO
PERSON SHALL BE APPOINTED AS A MEMBER OF THE SAME 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. Such member shall hold office until [his] A successor
shall have been chosen and qualified.”
SEC. 3. New provisions are hereby added as numbers (4) and (5) under
Paragraph (b). Section 43 of Republic Act No. 6975, as amended by Section 67 of
Republic Act No. 8551, to read as follows;
“ (4) THE MEMBERS OF THE PLEB WHO 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 APPOINTMENT AND THROUGHOUT THE
TERM.
(5) A CONVICTION BY FINAL JUDGMENT OF ANY CRIME
INVOLVING MORAL TURPITUDE OF ANY MEMBER OF THE PLEB
WHILE SERVING THE TERM SHALL BE VALID CAUSE FOR
TERMINATION. THE MEMBER SHALL BE REPLACED BY A QUALIFIED
INDIVIDUAL IN ACCORDANCE WITH THIS ACT, WHO SHALL SERVE
THE REMAINING PERIOD OF THE TERM.”
SEC. 4. Paragraph (c), Section 43 of Republic Act No. 6975, as amended by
Section 69 of Republic Act No. 8551, is further amended to read as follows;
"(c) Compensation, [and] Benefits, 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 SANGGUNIAN 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 CHAIRPERSON OF THE PLEB SHALL RECEIVE A MONTHLY
REPRESENTATION ALLOWANCE IN THE AMOUNT OF FIVE THOUSAND
PESOS (PHP 5,000.00) OVER AND ABOVE THE 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.”
SEC. 5. Number (5), Paragraph (d). Section 43 of Republic Act No. 6975 is
hereby amended to read as follows:
“ (5) IN THE ABSENCE OF A MEMBER OF THE BAR IN THE PLEB,
the Commission may assign the present NAPOLCOM hearing officers to act
as legal consultants [of the PLEBs] WITH A PER DIEM WHICH IS
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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,
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.”
SEC. 6. Number (5), paragraph (e) of Section 43 of Republic Act No. 6975 is
hereby amended as follows:
“(e) Decisions. The decision of the PLEB shall [become] 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 the
receipt of the copy of the decision. IN CASE OF SUSPENSION, DEMOTION,
OR DISMISSAL FROM THE SERVICE, THE POLICE OFFICER SHALL
IMMEDIATELY SERVE THE SENTENCE: PROVIDED, THAT IN THE
EVENT OF FINAL REVERSAL OF THE DECISION BY A HIGHER
APPELLATE AUTHORITY THE POLICE OFFICER SHALL BE ENTITLED
TO IMMEDIATE REINSTATEMENT.”
SEC. 7. Section 71 of Republic Act No. 8551 is amended to read as follows:
“Section 71. ORDER [Request] for Preventive Suspension. - The
PLEB may [ask] 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 NOT EXCEEDING NINETY (90) DAYS, [as
may be allowed under the law. A request] AN ORDER for preventive
suspension [shall not be denied by the superior officer] BY THE PLEB IS
WARRANTED UNDER [in] the following cases:
a) X X x;
b) X X x;
c) x X x;
d) XXX.
Any superior who fails to act on [any request] AN ORDER for PREVENTIVE
suspension BY THE PLEB without valid grounds, administratively liable for serious
neglect of duty WITHOUT PREJUDICE TO OTHER IMMEDIATE SANCTIONS TO
BE DETERMINED BY THE PLEB."
SEC. 8. Implementing Rules and Regulations. - Within sixty (60) days from
the effectivity of this Act, the National Police 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,
SEC. 9. Separability Clause. - If any provision of this Act or any portion
thereof is declared unconstitutional or invalid by a competent court, the other
provisions shall not be affected thereby and shall remain valid and enforceable.
SEC. 10. Repealing Clause. - All laws, presidential decrees, letters of
instructions, executive orders, rules and regulations, or parts thereof, which are
inconsistent with this Act, are hereby repealed or modified accordingly.
SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.
Approved.
