PNP and CIDG subpoena powers amended

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Republic Act No. 10973: PNP & CIDG subpoena powers amended

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Title Source: Supreme Court: 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.

Law Summary

Requirements and Content of Subpoenas

Subpoenas must clearly state the nature and purpose of the investigation.
They must be directed to the person whose attendance is required.
For subpoenas duces tecum, there must be a reasonable description of the books, documents, or things demanded.
All evidence or materials requested must be relevant to the investigation.

Legal Remedy for Non-Compliance

Failure to comply with subpoenas or subpoenas duces tecum authorizes filing of a case for indirect contempt.
Such cases are to be filed with the Regional Trial Court in accordance with the Rules of Court.

Separability Clause

If any part of the Act is declared invalid or unconstitutional, the other provisions remain effective and in force.

Repealing Clause

Existing laws, decrees, ordinances, or administrative circulars inconsistent with this Act are amended, repealed, or modified accordingly.

Effectivity Clause

The Act takes effect fifteen (15) days after its complete publication in the Official Gazette or in at least two newspapers of general circulation.

END