Law Summary

Introduction

Republic Act No. 10973, enacted on March 1, 2018, amends Republic Act No. 6975, known as the Department of the Interior and Local Government Act of 1990. This law grants specific authorities to the Chief of the Philippine National Police (PNP) and certain officials within the Criminal Investigation and Detection Group (CIDG).

Authority to Administer Oath and Issue Subpoenas

• Legal Provision:

  • A new Section 26-A is introduced in Republic Act No. 6975.
  • The Chief of the PNP and the Director and Deputy Director for Administration of the CIDG are empowered to administer oaths and issue subpoenas, including subpoenas duces tecum, related to investigations.

• Key Definitions:

  • Subpoena: A legal document ordering an individual to attend court or produce evidence.
  • Subpoena Duces Tecum: A specific type of subpoena requiring the recipient to produce documents or records.

• Important Requirements:

  • The subpoena must specify the nature and purpose of the investigation.
  • It must be directed to the individual whose presence or documents are required.
  • In the case of a subpoena duces tecum, a reasonable description of the demanded documents must be included.

• Consequences for Non-compliance:

  • Failure to comply with the subpoena or subpoena duces tecum permits the filing of a case for indirect contempt under the Rules of Court in the Regional Trial Court.

Separability Clause

• Provision:
  • Should any part of this Act be deemed invalid or unconstitutional, the remaining provisions shall continue to be effective.

Repealing Clause

• Provision:
  • Any existing law, decree, ordinance, or administrative circular that conflicts with this Act is amended, repealed, or modified accordingly.

Effectivity Clause

• Timeframe:
  • The Act shall take effect 15 days after its full publication in the Official Gazette or in at least two newspapers of general circulation.

Legislative Details

• Approval and Passage:

  • The Act is a consolidation of Senate Bill No. 1239 and House Bill No. 4863, finally passed by both houses on December 6, 2017.

• Signatories:

  • Notable signatories include Pantaleon D. Alvarez (Speaker of the House), Aquilino "Koko" Pimentel III (President of the Senate), and Rodrigo Roa Duterte (President of the Philippines).

Key Takeaways

• Enhanced Authority: The PNP Chief and CIDG officials now possess enhanced powers for conducting investigations through the issuance of subpoenas.
• Non-delegable Powers: The authority to issue subpoenas is exclusive to the specified officials and cannot be delegated.
• Legal Consequences: Non-compliance with subpoenas can result in legal penalties for indirect contempt.
• Continued Validity: Provisions not affected by invalidation remain enforceable.

This summary encapsulates the critical elements of Republic Act No. 10973, providing a structured overview of its provisions and implications.