Operational Guidelines on the Implementation of the People's Law Enforcement Boards (PLEB) Program

November 16, 2017

DILG MEMORANDUM CIRCULAR NO. 2017-154

OPERATIONAL GUIDELINES ON THE IMPLEMENTATION OF THE PEOPLE'S LAW ENFORCEMENT BOARDS (PLEB) PROGRAM

1. Background

1.1. The People's Law Enforcement Board (PLEB) is a check and balance mechanism. It is part of the Rule of Law under which an ordinary citizen can have redress of his grievance against law enforcers who abuse their authority. The PLEB involves the active participation of the community and empowers the individual citizen and the community as a whole in instilling discipline in the ranks of our law enforcers, or providing rewards and incentives for exceptional performance.

1.2. There is a current push to strengthen the PLEBs to empower citizens in consideration of recent events and relevant developments in our country today. President Rodrigo Roa Duterte has emphasized that while he supports the police, he will not tolerate graft and corruption and abuses. In other words, there is no place for rogue policemen in the PNP. Thus, the PLEB plays a crucial role in weeding out police scalawags and helping good cops remain good. EcTCAD

2. Legal Basis and References

2.1. Republic Act 6975, or the DILG Act of 1990;

2.2. Republic Act 8551, or the Philippine National Police Reform Act of 1998;

2.3. Republic Act 10924, or the General Appropriations Act of FY 2017;

2.4. NAPOLCOM Memorandum Circular No. 2016-002, or the Revised Rules of Procedure Before the Administrative Disciplinary Authorities and the Internal Affairs Service of the Philippine National Police;

2.5. Local Budget Circular No. 73, dated January 10, 2001, or the Guidelines on the Grant of Compensation Benefit to Local Regulatory Boards/Quasi-Judicial Bodies and Similar Bodies in Provinces/Cities/Municipalities and Barangay Volunteer Frontline Workers;

2.6. General Guidelines for the Implementation of the Program Capacity Enhancement for People's Law Enforcement Boards (PLEBs)

3. Policy Guidelines

3.1. The PLEB Program Management Office (PLEB-PMO)

3.1.1. For the promotion of public interest, and to ensure the sustained compliance of local government units with the mandates of Section 43 of R.A. No. 6975, a PLEB Program Management Office (PMO) at the National level shall be created to carry out the program pursuant to the General Guidelines for the Implementation of the Program Capacity Enhancement for People's Law Enforcement Boards (PLEBs);

3.1.2. The PMO shall be the office primarily responsible for:

3.1.2.1. Coordinating with the NAPOLCOM, Concerned DILG Officials, Bureaus, Services and Regional Offices and other Agencies for concerted engagements;

3.1.2.2. Ensuring the smooth operations of the PLEB Program Operating Unit at the Central level, and the establishment of the their Regional counterparts;

3.1.2.3. Providing capacity development activities, such as orientations, seminars or trainings, to capacitate DILG and NAPOLCOM personnel and local government units, specifically PLEB members in the performance of their duties and responsibilities;

3.1.2.4. Developing a monitoring system for PLEBs, to be able to track the following, among other parameters: (i) How many PLEBs are organized within the LGU? (ii) How many cases have the PLEBs received? (iii) How many cases have been resolved?

3.1.2.5. Providing assistance to LGUs for the following: (i) Creation of a dedicated PLEB Office; (ii) Program for PLEB Secretariat Volunteers; and (iii) PLEB benefits per R.A. 8551, which include per diem and life insurance for low-income municipalities;

3.1.2.6. Providing financial support to DILG Officers and NAPOLCOM Personnel in the implementation of the program, including, but not limited to, the following activities: (i) Ocular Inspection of PLEBs; (ii) Annual Inventory of Cases; and (iii) Creation of Program Management Teams for the PLEB Program

3.1.3. The Bureau of Local Government Supervision (BLGS), in partnership with the National Police Commission, shall supervise the Program Management Office of the PLEB, which shall consist of the following:

3.1.3.1. PLEB Program Head — to oversee the implementation of the Program;

3.1.3.2. PLEB Legal Officer — to do legal research, policy formulation and review, and other such tasks

3.1.3.3. PLEB IT Officer (Programmer) — to be mainly in charge of developing and maintaining the monitoring system for the PLEB

3.1.3.4. PLEB Assistant IT Officer (Database Officer) — to do monitoring work and assist the Programmer in developing the monitoring system for the PLEB

3.1.3.5. PLEB Technical Assistant — to be mainly in charge of administrative matters such as, planning, budgeting, coordination, etc.

3.2. Creation of PMTs

3.2.1. DILG Regional Offices of Regions III, IV-A and NCR, identified as Priority Regions for CY 2017 due to the numerous cases filed within their respective PLEBs, are directed to create their PLEB Program Management Teams (PMTs) under the said PMO to undertake the following functions at the regional level:

3.2.1.1. PLEB Regional Program Head — to oversee the implementation of the Program in his/her region;

3.2.1.2. PLEB Regional Legal Officer — to do legal research, policy formulation and review, and other such tasks;

3.2.1.3. PLEB Regional IT Officer — to be mainly in charge of developing and maintaining the monitoring system for the PLEB;

3.2.1.4. PLEB Regional Technical Assistant — to be mainly in charge of administrative matters such as, planning, budgeting, coordination, etc. HSAcaE

3.2.2. Additional Staff may be hired upon determination by the DILG Regional Office concerned, subject to approval by the DILG Central Office authorities.

3.2.3. Other DILG Regional Offices may create their own PMTs, subject to the approval of the DILG Central Office authorities, and to the availability of funds.

3.3. The People's Law Enforcement Board. — The following are the Functions, Powers and Duties of the PLEB, Composition of the PLEB, and the indicative procedure for PLEB, subject to amendment and/or adoption through laws and NAPOLCOM Memorandum Circulars and/or Resolutions:

3.3.1. Functions, Powers and Duties. The People's Law Enforcement Board empowers the people against abusive and erring policemen. It has the power to hear and adjudicate all citizen's complaints formally filed with, or referred to it, against any uniformed member of the PNP, and, if warranted, impose the corresponding penalty.

3.3.2. Composition. Per Section 3, Rule 11 of NAPOLCOM MC No. 2016-002, titled REVISED RULES OF PROCEDURE BEFORE THE ADMINISTRATIVE DISCIPLINARY AUTHORITIES AND THE INTERNAL AFFAIRS SERVICE OF THE PHILIPPINE NATIONAL POLICE:

3.3.2.1. The PLEB shall be composed of the following:

a) A member of the Sangguniang Panlungsod/Bayan chosen by the respective sanggunian;

b) A punong-barangay of the city or municipality concerned chosen by the Liga ng mga Barangay; and

c) Three (3) other members who can be removed only for cause, chosen by the city/municipal 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, the principal of the central elementary school in the locality, or, a college graduate.

3.2.2.2 The Chairman of the PLEB shall be elected from among its members.

3.2.2.3 Except as provided in this Section or as may be provided by law, a public official or employee is disqualified for appointment or designation as member of the PLEB.

3.2.2.4 Applying the provisions of Article 152, Chapter IV, Title III, Book II of the Revised Penal Code, the members of the PLEB are considered persons in authority.

3.3.3. General Rules of Procedure

3.3.3.1. Filing of Complaint

3.3.3.2. Evaluation to Determine Jurisdiction

3.3.3.3. Formal Charge

3.3.3.4. Docketing of Formal Charge

3.3.3.5. Raffle, if applicable

3.3.3.6. Service of Notice/Summons

3.3.3.7. Answer

3.3.3.8. Pre-Hearing Conference

3.3.3.9. Submission of Position Paper

3.3.3.10. Clarificatory Hearing, if needed

3.3.3.11. PLEB Decision/Resolution — the PLEB shall render a decision within 15 days from filing of the complaint

3.3.3.12. Notice of PLEB Decision/Resolution

3.3.3.13. Motion for Reconsideration, if any

3.3.3.14. Finality (if no MR or Appeal) and Implementation — PLEB decision is executory pending appeal

3.3.3.15. Appeal — Any appeal on the decision of the PLEB may be raised to the Regional Appellate Board of the NAPOLCOM within ten (10) days from receipt of a copy of the decision; the Appellate Boards shall decide the appeal within sixty (60) days from receipt of the complete records of the case.

3.4. PLEB Secretariat

3.4.1. Designation of a PLEB Secretariat Head, who should at least be a holder of a plantilla position and have completed a Bachelor's Degree, to be determined by the LGU concerned, is highly encouraged.

3.5. Funding for the Implementation of the PLEB Program. — Pursuant to Republic Act No. 10924 or the General Appropriations Act of FY 2017:

3.5.1. The amount of One Hundred Million Pesos (P100,000,000.00) shall be used for the implementation and capacity enhancement of the People's Law Enforcement Board to ensure its functionality and effectiveness in accordance to the provision of R.A. No. 6975 and R.A. No. 8551.

3.5.2. The DILG and its attached agencies and other stakeholders shall implement the program based on the design and guidelines issued by DILG. HESIcT

3.5.3. The PLEB-PMO shall process financial requirements for the following:

3.5.3.1. Coordination Meetings;

3.5.3.2. Advocacy Campaign;

3.5.3.3. Orientation of Program Management Teams and Regional Focal Persons on the PLEB Program;

3.5.3.4. National Training of Trainers for Capacity Enhancement of People's Law Enforcement Boards;

3.5.3.5. Development of, and Training on, the Online PLEB Database System;

3.5.3.6. Downloading of Funds to DILG Regional Offices for the conduct of Nationwide Simultaneous Trainings;

3.5.3.7. Downloading of Funds to LGUs, through the DILG Regional Offices and/or Provincial Offices for the Subsidy-Assistance to LGUs; and

3.5.3.8. Downloading of Funds to DILG Priority Regional Offices (Regions III, IV-A and NCR) for the Creation of Program Management Teams and for the conduct of Annual Inventory of Cases and Ocular Inspection of PLEBs.

3.6. Guidelines for the CY 2017 Implementation of the Nationwide Simultaneous Trainings for the Capacity Enhancement of People's Law Enforcement Boards

3.6.1. The total amount of Forty Seven Million Four Hundred Ninety One Thousand Two Hundred Pesos (Php47,491,200) shall be downloaded to DILG Regional Offices for the said trainings, which shall be rolled out to all PLEBs in all 17 Regions.

3.6.2. The main objective of the training is to equip the participants with knowledge and skills on roles and functions of the PLEB, and on the PLEB Rules of Procedure.

3.6.3. The training will contain topics such as, but not limited to, the following:

3.6.3.1. Background on the PLEB (Legal Basis, Creation, Composition and Functions)

3.6.3.2. PLEB Rules of Procedure

3.6.3.3. Administrative Proceedings, Appreciation of Evidence and Conduct of Hearings

3.6.3.4. Decision and Resolution Writing

3.6.3.5. Sharing of Experiences of an Active PLEB

3.6.3.6. The Proposed Role of Law Schools in the PLEB

3.6.4. The main target participants for the trainings are the five (5) PLEB Members and the PLEB Secretariat Head in all PLEBs. The Municipal Local Government Operations Officer may also be included, as well as other local government officials deemed essential in PLEB operations.

3.6.5. Maximum of seven (7) participants per LGU may be invited for the trainings.

3.6.6. In the event that there are excess funds, additional participants may be included.

3.6.7. DILG Regional Offices may utilize the amount of P40,000 from the sub-allotted amount for the travelling expenses of the PMTs, Trainers and Support Staff.

3.6.8. Payment of Honoraria for resource persons may also be charged to the sub-allotted amount for training expenses, as indicated in the activity design prepared by the DILG Regional Office.

3.6.9. Downloading of the said funds to the DILG Provincial Offices shall be subject to the sound discretion of the DILG Regional Office, provided that the funds shall be utilized before the end of CY 2017. If the Regional Office cannot conduct the said trainings within the said timeframe, it is highly recommended that the funds be downloaded to the DILG Provincial Offices concerned, or transferred to the NAPOLCOM Regional Office, through a Memorandum of Agreement, for their implementation. caITAC

3.6.10. The conduct of roll-outs shall be from September to December 2017.

3.7. Guidelines for the CY 2017 Utilization of Subsidy-Assistance to PLEBs

3.7.1. The total amount of Twenty-Six Million Eight Hundred Eighty Thousand Eight Hundred Pesos (Php26,880,800) shall be downloaded to the DILG Provincial Offices, through the DILG Regional Offices concerned.

3.7.2. The DILG Provincial Office concerned will enter into a Memorandum of Agreement with LGUs within their respective jurisdictions to specify terms on the utilization of funds for subsidy-assistance to LGUs. A sample template, attached herein as Annex A, may be used as reference.

3.7.3. For Subsidy-Assistance for per diem and life insurance per R.A. No. 8551.

3.7.3.1. This shall cover low-income municipalities in all Regions nationwide.

3.7.3.2. Pursuant to Section 69 of R.A. No. 8551, amending Paragraph c, Section 43 of Republic Act No. 6975, "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."

3.7.3.3. PLEB Members of 5th-6th class municipalities are priority to receive up to P2,000-total per diem allowance and P1,000-life insurance per member in a month from the funds that will be downloaded for this purpose. TAIaHE

3.7.3.4. For per diem, the following guidelines shall apply:

3.7.3.4.1. Under the existing rules and regulations on the grant of per diem to local regulatory bodies and quasi-judicial bodies like the PLEB, as stated in Local Budget Circular No. 73 dated January 10, 2001, per diem is paid to members at P1,000 per meeting/session actually attended, but not to exceed P4,000 a month

3.7.3.4.2. Funds to be downloaded for per diem can only cover two (2) meetings/sessions in a month, or amounting to P2,000 per month per member. LGUs may provide funds for per diem of PLEB Members should there be more than 2 meetings/sessions in a month, but not to exceed P4,000 a month as stated in the above provision.

3.7.3.4.3. Immediately after the conduct of the roll-out of PLEB trainings, PLEBs members shall meet to discuss and plan meetings/sessions they will conduct for the remaining months of CY 2017. Such meetings/sessions may include, but are not limited to, the following: (1) inventory of pending cases in the PLEB; (2) evaluation, hearing and decision on cases; (3) assessment of PLEB performance and discussion of issues and concerns and possible solutions; (4) information and education campaigns to be conducted to raise awareness on the PLEB; and (5) updating of records for ready issuance of certification of no pending case for police officers requesting such requirement for whatever legal purpose it may serve.

3.7.3.4.4. PLEB members shall submit their action plans to the LGU concerned, copy furnished the DILG Provincial Office concerned.

3.7.3.4.5. PLEB members must provide means of verification for participation in meetings/sessions to be able to claim their per diem. Such means of verification may include minutes of meetings, signed attendance sheets, and/or any other such document equivalent to the aforementioned.

3.7.3.5. For life insurance, the following guidelines shall apply:

3.7.3.5.1. The amount of P1,000 per person per month is allotted for life insurance of PLEB members, subject to terms agreed upon in a MOA to be entered into by and between the DILG Office concerned and the respective LGUs within its area of jurisdiction; HTcADC

3.7.3.5.2. LGUs may enter into a contract with private insurance providers, subject to the pertinent provisions of the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184, including registration in the Philippine Government Electronic Procurement System (PhilGEPS), ensuring that the bidding process is under the complete control of the Bids and Awards Committee, and other requirements listed under the said law, unless the PLEB Member occupies a plantilla position and is thus covered by the Government Service Insurance System.

3.7.3.5.3. The allocation for insurance coverage is separate from the per diem and may not be considered as per diem in case there is no life insurance that can be procured.

3.7.3.6. In the event of excess of funds for subsidy-assistance per R.A. 8551, said funds may be utilized for per diem and insurance of 4th class municipalities, provided that the above guidelines are followed.

3.7.4. For Subsidy-Assistance for the Creation of Dedicated PLEB Offices

3.7.4.1. Subsidy-assistance for the creation of dedicated PLEB Offices shall cover Priority Regions only.

3.7.4.2. The amount of P30,000 shall be allotted for each PLEB in Priority Regions to aid in the creation of a dedicated PLEB Office, for supplies and equipment; and repair and maintenance of the PLEB Physical Office.

3.8. Guidelines for the Utilization of Funds for Inventory of Cases and Ocular Inspection of PLEBs

3.8.1. The total amount of Four Hundred Eighty Six Thousand Four Hundred Pesos (Php486,400) shall be downloaded to the DILG Priority Regional Offices for this purpose.

3.8.2. The amount of P1,600 per PLEB shall be allotted for two persons from the DILG Provincial and/or Regional Office, as one (1) day travelling expenses to assist in the Inventory of Cases and for the conduct of Ocular Inspections.

3.9. Monitoring, Evaluation and Accomplishment Reporting

3.9.1. An online PLEB Database System shall be developed to monitor the following:

3.9.1.1. Status of cases filed in the PLEB

3.9.1.2. Directory of PLEB Members

3.9.1.3. Action Plans and Accomplishments of PLEBs

3.9.1.4. Action Plans and Accomplishments of Regional Program Management Teams/DILG Regional Offices

3.9.2. Beginning CY 2018, each PLEB shall submit a semestral Accomplishment Report to the PMO, through the Regional Program Management Teams and/or Regional Focal Persons, which shall reflect actual accomplishments vis-à-vis targeted activities in their respective Action Plans. Consequently, DILG Regional Offices concerned shall also submit their Accomplishment Reports.

3.9.3. Frequency of submission of Accomplishment Reports shall be as follows:

For the Period	Deadline of Submission
1st semester	Not later than the 15th day of July of the same year
2nd semester	Not later than the 15th day of January of the ensuing year

3.9.4. Separate guidelines shall be issued on the online PLEB Database System.

3.10. Partnership with the National Police Commission

The DILG shall work in close coordination with the NAPOLCOM in the implementation of the PLEB Program

3.11. Linking the PLEB Program to Peace and Order and Public Safety Planning

To ensure funding for PLEBs in the annual budget of LGUs, activities in PLEB Action Plans shall be included as activities in the local Peace and Order and Public Safety Plan. TCAScE

4. Imposition of Liabilities for Non-Compliance

4.1. Determinants for Non-Compliance:

4.1.1. For LGUs

4.1.1.1. Absence or non-functionality of the PLEB; and

4.1.1.2. Non-appropriation of funds for maintenance and operations of the PLEB, including life insurance and per diem of members.

4.1.2. For PLEBs

4.1.2.1. Inaction on pending cases filed before the PLEB; and

4.1.2.2. Absence of a PLEB Action Plan.

4.2. Liabilities for Non-Compliance

4.2.1. For the LGUs, pursuant to Republic Act No. 8551, particularly Section 70 of the said Act:

"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)."

4.2.2. Withholding of subsidy-assistance for non-complying PLEBs.

5. Responsibilities of the DILG Regional Directors and ARMM Regional Governor

All DILG Regional Directors and the ARMM Regional Governor are directed to:

5.1. Cause the widest dissemination of this issuance within their respective jurisdictions; and

5.2. Ensure compliance to the provisions of this MC.

6. Repealing Clause

All previous issuances which are inconsistent herewith are hereby modified accordingly or repealed.

7. Effectivity

This Memorandum Circular shall take effect immediately.

 

(SGD.) CATALINO S. CUYOIC-DILG

 

ANNEX A

MEMORANDUM OF AGREEMENT

Know All Men By These Presents:

This Memorandum of Agreement entered into this _____ day of __________, 2013 in _________________, Philippines, by and between:

The DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, a national government entity created by Republic Act No. 6975 with address at DILG-NAPOLCOM Center, EDSA cor. Quezon Ave., West Triangle, Quezon City, 1104, referred to in this Agreement as the "DILG" represented herein by OIC-Secretary of the Interior and Local Government, Hon. CATALINO S. CUY.

AND

The Local Government of _____________________, with principal office at the ____________________________________, represented herein by ______________________, herein referred to as "__________________,"

WITNESSETH THAT:

WHEREAS, the DILG has administrative and disciplinary, as well as quasi-judicial jurisdiction over the PNP, especially in matters involving the latter's errant and/or wayward members;

WHEREAS, the DILG, through the Capacity Enhancement Program for People's Law Enforcement Boards (PLEB), shall provide financial assistance to LGUs for the implementation thereof, in support of Republic Act No. 6975 or An Act Establishing the Philippine National Police Under a Reorganized Department of the Interior and Local Government, and for other Purposes;

WHEREAS, the creation of and support to offices dedicated to PLEBs, and the provision of life insurance and per diem are essential to the implementation of the PLEB program and in support of Republic Act No. 8551 or the Philippine National Police Reform and Reorganization Act of 1998;

WHEREAS, the DILG, in upholding R.A. No. 6975 and R.A. No. 8551, is providing subsidy-assistance in the amount of ____________ to the Local Government of _________________;

WHEREAS, the Local Government of _______________ agrees to utilize the subsidy-assistance according to the terms and conditions herein included, and as provided in the Memorandum Circular ___________. cTDaEH

NOW, THEREFORE, for and in consideration of the foregoing premises, both parties hereby agree to execute this Memorandum of Agreement under the following terms and conditions:

TERMS AND CONDITIONS

1. UNDERTAKING OF LOCAL GOVERNMENT UNIT

a. Creation of and Support to offices dedicated to PLEBs

i. The Local Government Unit shall dedicate a space for the creation of office for the PLEB.

ii. The Local Government Unit shall procure supplies and equipment to ensure the functionality of the PLEB office.

b. Provision of Life Insurance

The Local Government Unit shall provide 1,000-life insurance to every PLEB member of 5th-6th class municipalities subject to the requirements provided in Memorandum Circular ____________.

c. Provision of Per Diem Allowance

i. The Local Government Unit shall provide 2,000-per diem to every PLEB member subject to the requirements provided in Memorandum Circular ____________.

ii. The Local Government Unit shall supervise the availment of the pier diem and life insurance by the PLEB members.

2. UNDERTAKING OF THE DEPARTMENT

a. Creation of and Support to offices dedicated to PLEBs and Program Management Teams (PMTs)

The DILG shall download the amount of ________ to _______ for the creation of the PLEB office.

b. Provision of Life Insurance

The DILG shall download the amount of ________ to _______ for the provision of life insurance to PLEB members of low income municipalities pursuant to R.A. No. 8551.

c. Provision of Per Diem Allowance

The DILG shall download the amount of ________ to ________ for the provision of per diem allowance to PLEB members pursuant to R.A. No. 8551.

This Memorandum of Agreement shall be effective on the date of its signing. Any amendment or modification of this Agreement shall be made through written agreement of the Parties.

IN WITNESS WHEREOF, the Parties hereunto set their hands on the place above written.

BUREAU OF LOCAL GOVERNMENT	***LGU***
SUPERVISION
By:	By:
DIR. MANUEL Q. GOTIS, CESO III	***LCE***
Officer-in-Charge

 

SIGNED IN THE PRESENCE OF:
____________________________	____________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

BEFORE ME, a Notary Public for and in the ______________________, this ______ day of _______________, 2012, personally appeared:

NAME	VALID ID/NO.	PLACE/DATE ISSUED
MANUEL Q. GOTIS, CESO III	_______________________	_______________________
	_______________________	_______________________

known to me and to me known to be the same persons who executed the foregoing instrument and they acknowledged to me that the same is their free act and deed and that of the Offices they respectively represent.

This instrument, consisting of two (2) pages including the page on which this acknowledgment is written, has been signed by the Parties and their witnesses and sealed with my notarial seal. cSaATC

IN WITNESS WHEREOF, I have hereto affixed my signature on this day, year and place above written.

Doc. No. ________________;