no.-14-053-pleb-creation.pdf - City Government of Muntinlupa

AALAAHAN(, MAYNILA

Sangguniang Panglungsod

RESOUTTON NO. 14-053

A RESOLUTION CREATING THE PEOPLE'S LAW ENFORCEMENT BOARD(PLEB) PURSUANT TO REPUBL|C ACT NO. 8551 DATED FEBRUARY 25,1998 AND THE MEMORANDUM CIRCULAR NO. 2OO7-OO1 ISSUED BY THENATIONAL POLICE COMMTSSTON (NpC) AND THE DEPARTMENT O.

TNTERTOR AND LOCAL GOVERNMENT (DrLG).

Sponsored by: Hon. Coun. Atty.Patricio L. Boncayao, Jr.Hon. Coun. Atty. Raul R. CorroHon. Coun. Stephanie G, IevesHon. Coun. Louisito A. ArciagaHon. Coun. Ringo A. TevesHon. Coun. Margarita Amythyst Patdu-Labios, MDHon. Coun. Alexander B. DiazHon. Coun. Ma. Dhesiree G. ArevaloHon. Coun. Elmer S. Espe/efaHon. Coun. Rafael T. SevillaHon. Coun. Vergel C. UlandayHon. Coun. Robert A. AbasHon. Coun. Robert P. BaesHon. Coun. Celso C. Dioko

WHEREAS, Republic Act No, 8551 dated February 25, 1998 states that,"an act providing for the reform and reorganization of the Philippine NationalPolice and for other purposes, amending ceftain provisions of Republic Actnumbered sixty-nine hundred and seventy-five entitled, "an act establishing thePhilippine National Police under a re-organized Department of the lnterior andLocal Government, and for other purposes";

WHEREAS, Title lX of Republic Act No. 8551 states that, "Title lX,Strengthening the People's Law Enforcement Board;

WHEREAS, Section 66, 67, 68, 69 and 70 of Republic Act No. 8551provides that:

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

SECTION 43. People's Law EnforcementBoard (PLEB). - (a) Creation and Functions - TheSangguniang Panlungsod/Bayan in every city andmunicipatity shatl create such number of People's'Law Enforcement Boards (PLEBs) as may benecessary: Provided, that there shall be at leastone (1) PLEB for every five hundred (500) city ormunicipal police personnel and for each of thelegislative drsfricfs in a city.

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Resolution No. 14-053

KALAKHANG MAYNILA

"The PLEB shall be the central receivingentity for any citizen's complaint against theofficers and members f the PNP. Subject to theprovisions of Secfion 41 of Rpublic Act No. 6975,the PLEB shall take cognizance of o refer thecomplaint to the proper disciplinary oradjudicatory authority within three (3) days uponthe filing of the complaint.

Section 67. Number (3) of Paragraph (b), Section 43Republic Act No. 6975 is hereby amended to read a follows:

"(3) Three (3) other members who areremovable only for cause to be chosen by thelocal peace and order council from among therespected members of the community known fortheir probity and integrity, one (1) of whom mustbe a woman and another a member of the Bar, or,in the absence thereof, a college graduate, or theprincipal of the Centre Elementary School in thelocality."

Section 68. The last paragraph of Section 43(bX3)Republic Act No. 6975 shall be amended to read as follows:

"The Chairman of the PLEB shall be electedfrom among its members, The term of office ofthe members of the PLEB shall be for a period ofthree (3) years from assumption of office. Suchmember shall hold office until his successo r shallhave been chosen and qualified."

Section 69. Compensation and Benefits - Paragraph (c),Section 43 of Republic Act No. 6975 shall be amended to read asfollows:

"(c) Compensation - Membership in thePLEB is a civic duU. However, PLEB memhersshall be paid per diem and shall be provided withlife insurance coverage as may be determined bythe city or municipal council from city ormunicipal funds. The DILG shall provide for theper diem and insurance coverage of PLEBmembers in certain low income municipalities."

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KALAKHANG MAYNILA



Secfion 70. Budget Allocation - The annualbudget of the Local Government lJnits (LGU) shaltinclude an item and the correspondingappropriation for the maintenance and operationof their local PLEBs.

The Secretary shall submit a report toCongress and the President within fifteen (15)days from the effectivity of this Act on the numberof PLEBs already organized as well as the LGUsstill without PLEBs. Municipalities or citieswithout a PLEB or with an insufficient number oforganized PLEBs shall have thirty (30) more daysto organize their respective PLEBs. After suchperiod, the DILG and the Department of Budgetand Management shall withhold the release of theLGU's share in the national taxes in cities andm u n ici pal ities sti I I witho ut PLEB(s). "

AWHEREAS, Memorandum Circular No. 2007-001, issued by the National

Police Commission and Department of Local Government states that, "uniformrules of procedure before the administrative disciplinary authorities and thelnternal Affairs Service of the Philippine National Police.";

WHEREAS, Section 1,2,3, 4,5 and 6 of Rule 11, people,s LawEnforcement Board (PLEB), Creation, function, composition, term of office andquorum of the Memorandum circular No. 2007-2001 provides that:

"Section 1. Creation - The SangguniangPanlungsod/Bayan in every city and municipality shail createsuch number of People's Law Enforcement Boards (pLEBs) asmay be necessary. Provided, that there shall be at least one(1) PLEB for every five hundred (500) city or municipal poticepersonnel and for each of the legislative districts in a city.

Secfion 2. Function, Powers and Duties - The pLEB hasthe power to hear and decide citizen's complaints within itsjurisdiction filed against any member of the municipar poricestation or city police station/office.

Secfion 3. Composition - The PLEB shall be composedof the following:

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{ a) A member of the Sangguniang Panlungsod/Bayanf:-J chosen by his/her respective sangunian;i N b) A punongbarangay of the city or municipality\ '\ concerned chosen by the Liga ng mga Barangay;\\and\t\

\ c) Three (3) other member, who can be removed onlyi o r cause, chosen by the city/municipal peace andi o rder council from among the respected members

\ of the community known for their probity and

^l[ f'--h. \ integrity, one (1) of whom must be a woman and()l \ A^,1*" another, a member of the BAR, or in the absenceru A\ thereof, a college graduate, or, the principat of the\ f \) Central Elemeniary scnoot in the locatity.

1\\ L-r \ Ihe Chairperson of the PLEB shall be elected from among itst Nff members. Except as provided in this Section or as may be\ ')..'.t- \ provided by law, a public official or employee is disqualifiedV for appointment or designationa as member of the PLEB.

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Applying the provision of Article 152, Chapter lV, Title lll, Bookll of the Revised Penal Code the members of the PLEB areconsidered persons in authority.

Section 4. Resolution and Executive Order Constitutingthe PLEB - The Sangguniang Panlungsod/Bayan shall pass aresolution formally organizing the members of the PLEB acopy thereof shall emmediately be submitted to theCity/Muncipal Mayor who shall, within five (5) days fromreceipt of the same, issue the appropriate Executive Order(EO) adopting the resolution of the Sanggunian concerned. Acopy of said Executive Order shall be furnished theNAPOLCOM Regional Office within ten (10) days fromrlssuance,

Secfion 5. Term of Office - The term of office of themembers of the PLEB shall be for a period of three (3) yearsfrom assumption of office unless sooner removed for cause orsome other valid grounds. Such member shall hold office untilhis/her successor shall have been chosen and qualified.

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The tenure of office of a PLEB member who has beendesignated as such by virtue of hrb election to theSangguniang PanlungsodlBayan or his membership with theAssocrafion of Barangay Captains ends upon the expiration ofhis term of office as Sangguniang Panlungsod/Bayan memberor as Barangay Chairman. lf reelected, and subsequently re-designated to the PLEB, he must take a new oath of office.

Section 6. Budget Allocation - The annual budget of thecity or municipality shall include an item and thecorresponding appropriation for the maintenance andoperation of their local PLEB(s)."

WHEREAS, Article 99, Rule lX(1)(ix) of Rules and Regulationslmplementing the Local Government Code of 1991 states that, "the SangguniangPanlungsod shall enact ordinances and adopt resolutions necessary forefficient and effective city government and relative thereto shall, "authorize thepayment of compensation to a qualified person xxx or grant honorarium to anyqualified officials xxx in a concurrent capacity, at the rate authorized by law."

WHEREAS, pursuant to the above cited laws and lmplementing Rulesand Regulations, the members of the PLEB can be granted per diem in suchamount which may be approved by way of ordinance or resolution of the CityCouncil. For this purpose, the Chairman is granted Php3,000.00 and each of thefour other members of the PLEB is granted Php2,000.00 per diem permeeting/session/hearing based on actual attendance supported by minutes ofmeeting/session/hearing. However, no meeting/session/hearing shall exceedfour times in a month.

, the PLEB shall have a secretariat which shall be composed

H ead S ec reta ri aUD I LG D i recto rlnvestigatorConsultanilNAPOLCOMTranscriberClerldTypistUtilityProcess Server/Driver

The fund for the members of the PLEB and the Secretariat shall be takenfrom the 2014 Executive Budget. The Executive Budget shall provide fund forthe PLEB every year.

City Hall of Muntinlupa

5.6.7.

Telefax No.:861-0181

KALAKHANG MAYNILA



WHEREAS, the above Secretariat shall receive honorarium monthlysupported by minutes of meeting/session/hearing based on actual attendance, asfollows:

1. Head SecretariailDlLc Director2. lnvestigator3. ConsultanUNAPOLCOM4. Transcriber5. ClerUTypist6. Utility7. Process Seruer/Driver

- Phpl0,000.00- 7,000.00- 6,000.00- 5,000.00- 5,000.00- 4,000.00- 3,000.00

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However, no meeting/session/hearing shall exceed four (4) timesmonth.

WHEREAS, the Chief Executive, Hon. City Mayor Atty. Jaime R.Fresnedi, shall issue Executive Order appointing the members of the PLEB andthe composition of the Secretariat pursuant to the Memorandum Circular No.2007-001and other pertinent laws;

WHEREAS, any resolution or ordinance in conflict with this Ordinance sshall be declared without force and effect;

ARESOLVE, THEREFORE, AS lT lS HEREBY RESOLVED, by the 7th I lL

sangguniang Panlungsod of Muntinlupa, to create peopte's Law \4VEnforcement Board (PLEB) pursuant to Republic Act No. 8551 dated February - kI25, 1998 and the Memorandum Circular No. 2007-001 issued by the National /\lPolice Commission (NPC) and Department of lnterior and Local Government /

I(D|LG). I/

ENACTED, by the 7th sa.pgguniang Panlungsod of Muntintupa this 3'dday of February 2014, on its 25'n Regular Sessron.d CONCURREDI i-t\,i4'Ail'\/:il

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COUN, ATTY. P

DISTRICT

RICIO L. BONCAYAO, JR.Member

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COUN. STEP G. TEVESMember

COUN. BAL NIEFESMember

W?^'couN. Lou}Srro A. ARG|AGAMember

COUN. ELMER S. ESPELETAMemberZZ

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VERGEL6. ULANDAY

ffiCOUN. ROBERT P. BAESMemberMember

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ABSENT:

COUN. LUVI P. CONSTANTINOMember

COUN. ENGR. NEPTALI S. SANTIAGOMember

I HEREBY CERTIFY, as to the correctness of the forego

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A AMYTHYST PA

Member

COIJN. ROBERT A. A

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Page 4Ordinance No. 14-039

ATTY. JAI

Date: 8g tr:I/--_A)

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ATTESTED:

ARTE IMUNDAG

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no.-14-053-pleb-creation.pdf - City Government of Muntinlupa

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