Title
Oath and Subpoena Powers for PNP and CIDG
Law
Republic Act No. 10973
Decision Date
Mar 1, 2018
The Chief of the Philippine National Police and the Director and Deputy Director of the Criminal Investigation and Detection Group are granted the authority to administer oaths and issue subpoenas in investigations, enhancing their investigative powers under the amended Department of the Interior and Local Government Act.
A

Questions (Republic Act No. 10973)

To grant the Chief of the PNP and the Director and Deputy Director for Administration of the CIDG authority to administer oaths and to issue subpoenas and subpoenas duces tecum in relation to their investigations, amending RA 6975.

RA 6975, as amended, otherwise known as the Department of the Interior and Local Government Act of 1990.

It inserts a new Section 26-A after Section 26 of RA 6975.

No. The powers must be exercised solely by the aforementioned officials and may not be further delegated to any other person or office.

It must state the nature and purpose of the investigation, and be directed to the person whose attendance is required.

It must contain a reasonable description of the books, documents, or things demanded that must be relevant to the investigation.

It authorizes the filing of a case for indirect contempt under the Rules of Court with the Regional Trial Court.

The Regional Trial Court (RTC).

A subpoena that compels the person to produce books, documents, or other things relevant to the investigation.

It is limited to the Chief of the PNP and the CIDG Director and Deputy Director for Administration, and cannot be exercised by others through delegation.

If any provision is declared invalid or unconstitutional, the remaining provisions not affected remain in force.

Any law, decree, ordinance, or administrative circular inconsistent with the Act is amended, repealed, or modified accordingly.

Fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Finally passed by the Senate and House on December 6, 2017; approved March 1, 2018.


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