Oath and Subpoena Powers for PNP and CIDG

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Republic Act No. 10973: Oath and Subpoena Powers for PNP and CIDG

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Title Supreme Court: 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.

police authority

A

Authority granted under RA 6975

Section 1 inserts a new Section 26-A into Republic Act No. 6975.
Section 26-A grants subpoena and oath authority to the Chief of the PNP and the Director and the Deputy Director for Administration of the CIDG.
The CIDG officials under Section 26-A are referenced as “the Criminal Investigation Unit in Section S5(b)(4) of this Act.”
The authority covers actions in relation to its investigation (Section 26-A).

Limits, delegation, and who may act

Section 26-A requires that subpoena and oath powers be exercised solely by the enumerated officials.
Section 26-A prohibits further delegation of these powers to any other person or office.
Oath administration and issuance of subpoena instruments must be tied to investigation (Section 26-A).

Form and contents of subpoenas

Section 26-A requires that a subpoena state the nature and purpose of investigation.
Section 26-A requires that a subpoena be directed to the person whose attendance is required.
Section 26-A requires that a subpoena duces tecum include a reasonable description of the books, documents, or things demanded.
The described books, documents, or things must be relevant to the investigation (Section 26-A).

Enforcement through indirect contempt

Section 26-A provides that failure to comply with a subpoena and/or a subpoena duces tecum authorizes the filing of a case for indirect contempt.
Section 26-A ties the contempt case to the Rules of Court and the Regional Trial Court.

Separability and repeal rules

Section 2 establishes separability: if any provision of Republic Act No. 10973 is declared invalid or unconstitutional, the remaining parts not affected remain in force.
Section 3 provides a repeal/adjustment mechanism: any law, decree, ordinance, or administrative circular not consistent with Republic Act No. 10973 is amended, repealed, or modified accordingly.

END