Want to file a complaint against an erring cop with PLEB? Here’s how
A police officer is mandated to serve and protect the public. But what if the supposed protector abused his authority?
Citizens may file complaints against erring police officers with a body that is not connected with the Philippines National Police (PNP)—that is the People’s Law Enforcement Board (PLEB).
PLEB, which was established by virtue of Republic Act No. 6975 and 8551, is the central receiving entity for citizens’ complaints against any uniformed member of PNP.
Unlike the National Police Commission (NAPOLCOM) and Internal Affairs Service (IAS), the composition of the PLEB has no relation to any members of the PNP.
The PLEB is composed of a member of the Sangguniang Panlungsod/Bayan chosen by the respective Sanggunian; a punong-barangay of the city or municipality concerned chosen by the Liga ng mga Barangay.
Three other members must be a woman; a member of the Bar or in absence thereof, a college graduate; or, the principal of the central elementary school in the locality.
Quezon City PLEB chairperson and executive officer Atty. Rafael Calinisan said their office has the power to hear and decide citizens’ complaints.
“Unlike other cases filed with the regular courts, the PLEB decides each case summarily,” Calinisan told GMA News Online.
Any person or group may file a complaint before the PLEB. Citizens may also file the complaint anonymously. Anonymous complaint may be the basis of a formal complaint if the material allegations contained therein may be validated by the PLEB.
Complainants do not need to be represented by a lawyer.
How to file a case with PLEB?
Calinisan said the complaint may be filed directly to the PLEB offices located at city and municipal halls or through email. Complainants should submit the following requirements:
- written sworn statement in English or Filipino, accompanied by affidavits of witnesses, if any
- certificate of non-forum shopping duly subscribed and sworn to by the complainant
- other evidence in support of the complaint
The complaint should contain the following information:
- full name, address and contact information of the complainant
- full name, rank and station or assignment of the respondent/s
- a narration of the facts which show specifically the act or omission attributable to the particular respondent/s constituting the offense allegedly committed, the place, date and time of commission of the offense.
During the course of the proceedings, complainants and respondents may send affidavits, counter-affidavits, pleadings, motions, position papers and other communication.
PLEB may also place the concerned cop on preventive suspension for a period not exceeding 90 days upon the request of the complainant as a way to protect the latter, according to Calinisan.
Among the punishments that can be handed by the PLEB are withholding privileges, restriction, suspension or forfeiture of salary, demotion in rank, or dismissal from service.
A motion for reconsideration may be filed by the party adversely affected by the PLEB decision within 10 days from receipt of a copy.
The final PLEB decision may also be appealed before the NAPOLCOM-Regional Appelate Board (RAB) within 10 days from receipt of a copy.
The party adversely affected by the NAPOLCOM-RAB decision may bring it up to the Department of the Interior and Local Government (DILG).
On Thursday, DILG Secretary Benhur Abalos said it has denied the appeal of Police Lieutenant Colonel Mark Julio Abong and upheld the March 21 recommendation of the QC-PLEB to dismiss the police officer from service.
This is in connection with Abong's hit-and-run case in August 2022 which resulted in the death of tricycle driver Joel Larosa and injury to a passenger.
The police officer will also be facing another set of charges in connection with a November 26 incident in a restobar in Quezon City. Abong allegedly assaulted a waiter and fired a gun twice.—AOL, GMA Integrated News