Title
PNP and CIDG subpoena powers amended
Law
Republic Act No. 10973
Decision Date
Mar 1, 2018
Republic Act No. 10973 grants the Chief of the Philippine National Police and the Director and Deputy Director for Administration of the Criminal Investigation and Detection Group the power to administer oath and issue subpoenas, with failure to comply resulting in potential contempt charges.

Legal basis and amendment

  • Section 1 amends Republic Act No. 6975 by inserting a new Section 26-A after Section 26.
  • Republic Act No. 10973 grants subpoena authority as an amendment to Republic Act No. 6975, the “Department of the Interior and Local Government Act of 1990.”

Policy, purpose, and intended scope

  • Republic Act No. 10973 grants defined PNP and CIDG officials authority to administer oaths and to issue subpoena and subpoena duces tecum in relation to its investigation.
  • The subpoena powers are structured to be exercised solely by the designated officials.

Covered officials and delegated authority

  • The Chief of the Philippine National Police (PNP) is authorized to administer oath and to issue subpoena and subpoena duces tecum in relation to its investigation under Section 26-A.
  • The Director and the Deputy Director for Administration of the Criminal Investigation and Detection Group (CIDG) are likewise authorized under Section 26-A.
  • The CIDG officials covered under Section 26-A are identified as the Criminal Investigation Unit in Section 5(b)(4) of Republic Act No. 6975.
  • The subpoena powers under Section 26-A must be exercised solely by the specified officials.
  • The subpoena powers under Section 26-A may not be further delegated to any other person or office.

Required content and form of subpoenas

  • A subpoena under Section 26-A must state the nature and purpose of investigation.
  • A subpoena under Section 26-A must be directed to the person whose attendance is required.
  • A subpoena duces tecum under Section 26-A must also contain a reasonable description of the books, documents, or things demanded.
  • The books, documents, or things in a subpoena duces tecum must be relevant to the investigation.
  • Both types of process are issued in relation to its investigation under Section 26-A.

Indirect contempt and enforcement consequence

  • Failure to comply with a subpoena and a subpoena duces tecum authorizes the filing of a case for indirect contempt.
  • The indirect contempt case for non-compliance is filed under the Rules of Court.
  • The case is filed with the Regional Trial Court.

Separability, repeal, and transitory rules

  • Section 2 provides a separability clause: if any provision of Republic Act No. 10973 is declared invalid or unconstitutional, the remaining parts or provisions not affected remain in force.
  • Section 3 includes a repealing clause: any law, decree, ordinance, or administrative circular inconsistent with Republic Act No. 10973 is amended, repealed, or modified accordingly.

Approval and legislative passage

  • Republic Act No. 10973 was approved by the President on March 01, 2018.
  • The Act was finally passed by the Senate and the House of Representatives on December 6, 2017.
  • Republic Act No. 10973 is a consolidation of Senate Bill No. 1239 and House Bill No. 4863.

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