Republic Act No. 10973, enacted on March 1, 2018, grants the Chief of the Philippine National Police (PNP) and key officials of the Criminal Investigation and Detection Group (CIDG) the authority to administer oaths and issue subpoenas, including subpoenas duces tecum, for investigative purposes. This authority is exclusive to these officials and cannot be delegated. The subpoenas must specify the nature of the investigation and identify the required documents or items. Non-compliance with the subpoenas may lead to indirect contempt charges in a Regional Trial Court. The law includes provisions for its severability and repeals any inconsistent laws, taking effect 15 days after publication.
March 1, 2018
REPUBLIC ACT NO. 10973
AN ACT GRANTING THE CHIEF OF THE PHILIPPINE NATIONAL POLICE (PNP) AND THE DIRECTOR AND THE DEPUTY DIRECTOR FOR ADMINISTRATION OF THE CRIMINAL INVESTIGATION AND DETECTION GROUP (CIDG) THE AUTHORITY TO ADMINISTER OATH AND TO ISSUE SUBPOENA AND SUBPOENA DUCES TECUM, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6975, AS AMENDED, OTHERWISE KNOWN AS THE "DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ACT OF 1990"
SECTION 1. A new Section 26-A shall be inserted after Section 26 of Republic Act No. 6975, which shall read as follows:
"SEC. 26-A. Subpoena Powers. — The Chief of the Philippine National Police (PNP) and the Director and the Deputy Director for Administration of the Criminal Investigation and Detection Group (CIDG), referred to as the Criminal Investigation Unit in Section 35(b)(4) of this Act, shall have the power to administer oath, and issue subpoena and subpoena duces tecum in relation to its investigation: Provided, That such powers shall be exercised solely by the aforementioned officials and may not be further delegated to any other person or office.
"The subpoena shall state the nature and purpose of investigation, shall be directed to the person whose attendance is required, and in the case of a subpoena duces tecum, it shall also contain a reasonable description of the books, documents, or things demanded which must be relevant to the investigation.
"Failure to comply with subpoena and subpoena duces tecum shall authorize the filing of a case for indirect contempt under the Rules of Court with the Regional Trial Court."
SECTION 2. Separability Clause. — If any provision of this Act shall be declared invalid or unconstitutional, the remaining parts or provisions not otherwise affected shall remain in force.
SECTION 3. Repealing Clause. — Any law, decree, ordinance, or administrative circular not consistent with any provision of this Act is hereby amended, repealed or modified accordingly.
SECTION 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of general circulation. HESIcT
Approved: March 1, 2018.
Published in the Official Gazette, Vol. 114, No. 12, p. 2047 on March 19, 2018.