What is Peoples Law Enforcement Board?

Peoples Law Enforcement Board (PLEB for brevity) is an administrative office, exercising quasi-
judicial function, as a special body created by the Legislative Department of a Local Government. Its
functions is to hear, investigate and decide citizens complaint against Police Officers and members of
the Philippine National Police on account of an injury, damage or disturbance sustained as a result of an
irregular or illegal act or omission of a PNP officer or member.

How was the PLEB established?

Pursuant to Republic Act No. 6975, in its Section 43, to wit:

"SEC. 43. People's Law Enforcement Board (PLEB). (a) Creation
and Functions Within thirty (30) days from the issuance of the
implementing rules and regulation by the Commission, there shall be
created by 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 municipality and for each of the legislative
district in a city. The PLEB shall have jurisdiction to hear and decide
citizens 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.
1


Also, pursuant to Article 187 of the Rules and Regulations Implementing the
Local Government Code of 1991, to wit:

Article 187. Peoples Law Enforcement Boards. There shall
be established in the LGU concerned a peoples law enforcement board
(PLEB) pursuant to the pertinent provision of R.A. No. 6975. The PLEBs
shall have the same composition and function as those prescribed by
said law.

However, there was an amendment during 1998 as regards the provisions on
the PLEB in R.A. 6975. This is by virtue of the R.A. 8551 or the Philippine National Police
Reform and Reorganization Act of 1998.

What are the amendments of R.A. 8551?

The amendments of R.A. 8551 as to the creation of the PLEB is as follows, to wit:

SECTION 66. Paragraph (a), Section 43 of Republic Act No.
6975 is hereby amended to read as follows:

SEC. 43. Peoples Law Enforcement Board (PLEB) (a) Creation
and Functions The sangguniang panlungsod/bayan in every city and
municipality shall create such number of Peoples 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.


Be it noted that the phrase Provided, That there shall be at least one (1) PLEB for every
municipality and for each of the legislative district in a city. was deleted in the amendment. Clearly,
this is a case of amendment by deletion and the Supreme Courts ruling as regard amendment by
deletion is as follows, to wit:

1
R.A. 6975 DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ACT OF 1990

"As a rule, the amendment by deletion of certain words
or phrases in a statute indicates that the legislature intended to change
the meaning of the statute, for the presumption is that the legislature
would not have made the deletion had the intention been not to effect a
change in its meaning. The amended statute should accordingly be given
a construction different from that previous to its amendment."
2


Thus, it can be interpreted according to the rules of statutory construction that the original
provision embodied in SEC. 43, R.A. 6975 is mandatory in nature because of the use of the word shall.
It imposed a duty upon the sangguniang panlungsod/bayan in every municipality or city to create a
PLEB, by virtue of the phrase Provided, That there shall be at least one (1) PLEB for every municipality
and for each of the legislative district in a city. However, the same phrase was deleted in the
amendment embodied in SEC. 66 of R.A. 8551. Therefore, applying the ruling of the Supreme Court as
regards amendment by deletion, the meaning of SEC. 43 of R.A. 6975 as amended by SEC. 66 of R.A.
8551 should be different than that of the original provision embodied in R.A. 6975. In other words, it
can be interpreted that the sangguniang panlungsod/bayan is no longer duty bound to create a PLEB.
Furthermore, the amended provision SEC. 43 in R.A. 8551 was given a qualification by virtue of the
phrase 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.

This interpretation of the above-mentioned statutes is further supported by the interpretation
used in the House Bill No. 1116, An Act Strengthening the Peoples Law Enforcement Board, which is still
pending in the lower house. A copy of an excerpt of the said House bill is attached herewith, as ANNEX
A. Wherein, SEC. 43 of R.A. 6975, as amended by SEC. 66 of R.A. 8551 is further amended to include
that if a municipality has police personnel less than five hundred (500), it shall make use of the PLEB of
the nearest municipality.

There are other amendments as to the PLEB embodied in R.A. 8551. However it will no longer
be discussed as to give emphasis upon its reconstitution as requested by the Hon. Mayor in his letter
dated May 6, 2014, attached herewith as ANNEX B.



Was PLEB created in the Municipality of Catarman, Northern Samar?

Yes, it was created by virtue of Resolution No. 92-05-00, electing the members of the PLEB,
unanimously approved January 20, 1992. The copy of the said Resolution is attached herewith as
ANNEX C. The PLEB was still in existence in the municipality as of 2001, as evidenced by Resolution
No. 2001-71-11, attached herewith as ANNEX D. However, it is deemed to by inexistent currently.


Can the PLEB be reconstituted?

Technically, the PLEB can be reconstituted. All it needs is a resolution of the Sanguniang Bayan,
electing the members of the PLEB and the subsequent executive order of the Municipal Mayor, pursuant
to Section 4. Rule II, of Memorandum Circular 2002-910 of DILG, a copy of the excerpt is attached as
ANNEX E.
3
The reason for this is that a resolution remains to be valid unless it is declared void by the
courts. A resolution is merely a declaration of the sentiment or opinion of a lawmaking body on a
specific matter.
4


However, a caveat should be taken into mind. This is from the general welfare clause of the
Administrative Code, which reads:

2
Gloria vs. Court of Appeals, 306 SCRA 287 [1999]
3
DILG Memorandum Circular No. 2002-910 Revised Rules of Procedure in the hearing and adjudication of Citizens
Complaint against uniformed members of the PNP before the PLEB.
4
Municipality of Paraaque vs VM Realty Corporation 292 SCRA 678 [1998]

The municipal council shall enact such ordinances and
make such regulations, not repugnant to law, as may be necessary to
carry into effect and discharge the powers and duties conferred upon it
by law and such as shall seem necessary and proper to provide for the
health and safety, promote the prosperity, improve the morals, peace,
food order, comfort and convenience of the municipality and the
inhabitants thereof, and for the protection of property therein.
5


This should be taken with the interpretation of the statutes as discussed above.


What would be the composition of the PLEB?

The composition of the PLEB is stated in SECTION 43, R.A. 6975 as amended by SECTION 67 of
R.A. 8551, to wit:

XXXX XXXX
(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 chosed 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 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

XXXX XXXX

What is the Term of Office of the members of the PLEB?

The term of office of the PLEB is stated in Section 43 (b)(3) of R.A. 6975 as amended by Section
68 of R.A. 8551, which reads:

SECTION 68. The last paragraph of Section 43 (b)(3) of R.A. 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.

Therefore, the term of office of the members of the PLEB is totally independent than that of the
term of the Mayor, as explicit provided by the provision. And it shall continue to exist even after the
term of the Mayor, who issued the executive order constituting the PLEB.

What is the Nature of Office of the members of the PLEB?

The nature of the office of the members of the PLEB may be best shown upon the Letter of
Opinion No. 79 S. 2010 of the DILG Legal Service, addressed to one Atty. Cleto Evangelista attach
herewith as ANNEX F, which reads:


5
Tatel vs Municipality of Virac 207 SCRA 157 [1992]

XXXX XXXX
it is this Departments view that membership to the PLEB is not deemed a government
service but a CIVIC DUTY as explicitly couched in the plain language of the law, particularly
Section 69 of R.A. No. 8551, otherwise known as the Philippine National Police Reform and
Reorganization Act of 1998; amending Section 43 (c) of R.A. No. 6975, otherwise known as the
Department of the Interior and Local Government Act of 1990

XXXX XXXX
Premised on the foregoing, we resolve that PLEB membersip being a civic duty, ergo,
members thereof are not entitled to government travel expenses on official travels or seminars,
and their compensation is limited only to the per diem that a city or municipality council may be
determined from the city or municipal funds.













































Republic of the Philippines
Municipality of Catarman
Province of Northern Samar

Office of the Sangguniang Bayan
Secretariat of the Vice-Mayor




Legal Opinion:
On the
Reconstitution of the
Peoples Law Enforcement
Board



As a requirement for
the Summer Apprenticeship Program














Submitted by:

Alexander F. Opea
LLB III
University of Eastern Philippines
College of Law