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SOURCE: Press and Public Affairs Bureau

Subpoena powers for PNP-CIDG okd
19 November 2016 05:32:41 PM


THE House Committee on Public Order and Safety has approved a proposal to grant subpoena/subpoena duces tecum powers to the Philippine National Police- Criminal Investigation and Detection Group (PNP-CIDG) which are essential in the completion and fast-tracking of its investigation of cases.

The committee chaired by Rep. Romeo V. Acop (2nd District, Antipolo City) approved House Bill 2993 authored by Rep. Francisco Jose F. Matugas (1st District, Surigao del Norte) who said that in the current fight against drugs alone, the PNP-CIDG has been met with difficulty in conducting investigations because of its inability to procure documents and witnesses.

“This bill seeks to remedy that situation by giving the PNP-CIDG subpoena/subpoena duces tecum powers in relation to the conduct of investigations. It is surprising that the PNP-CIDG which is the country’s main law enforcement agency has no power to issue subpoena which plays a significant role in any fact finding or investigation,” said Matugas.

Matugas noted the country’s statutes allowed some agencies with the power to issue administrative subpoena and subpoena duces tecum such as the Ombudsman, Department of Justice (DOJ), National Bureau of Investigation (NBI), the Philippine Drug Enforcement Agency (PDEA), National Police Commission (N.APOLCOM), Bureau of Internal Revenue (BIR) and the Cybercrime Operation Center of the Cybercrime Investigation Coordination Center.

“These investigatory agencies were given subpoena powers. There is no reason why we should not give the same power to the PNP-CIDG so that it can properly carry out its mandate,” said Matugas.

He said the life blood of investigation is the flow of fact, the gathering, the organization and the analysis of evidence. “Investigations are useful for all administrative functions, not only for rule making, adjudication, but also for prosecuting, for supervising and directing, for determining general policy, for recommending legislation, and for purposes no more specific than illuminating obscure areas to find out what should be done,” said Matugas.

Matugas said an administrative agency may be authorized to make investigations, not only in proceedings of a legislative or judicial nature, but also in proceedings whose sole purpose is to obtain information upon which future action of a legislative or judicial nature may be taken and require the attendance of witnesses in proceedings of a purely investigatory nature. “It may conduct general inquiries into evils calling for correction, and to report findings to appropriate bodies and make recommendations for actions,” he said.

Along this line, Matugas said it is with more reason that the PNP-CIDG, an investigative unit, should be given the power to issue subpoena and subpoena duces tecum in the furtherance of its mandated functions, especially in the fight against the evils of illegal drugs.

Matugas said the CIDG was created by virtue of Republic Act 6975, otherwise known as “An Act Establishing the Philippine National Police, under a Reorganized Department of the Interior and Local Government,” primarily to undertake the monitoring, investigation and prosecution of all crimes involving economic sabotage and other crimes of such magnitude and extent and to investigate all major cases involving violation of the Revised Penal Code (NPC) and to conduct operations against organized crime group (OCGs).

“The CIDG is tasked with the investigation and prosecution of crimes of such magnitude and yet it does not have the power to issue administrative subpoena to aid them in conducting their investigations,” Matugas stressed.

Under the previous law, Republic Act 5750, the then Chief and Deputy Chief of the Criminal Investigation Service (CIS) had the power to issue subpoena duces tecum for the appearance of any person for investigation or production of documents. But this power was not incorporated when R.A. 6975 or the DILG Act of 1990 was enacted into law according to Matugas.

Acop, a former CIDG Director, said the CIDG, which was formerly the Criminal Investigation Service (CIS) of the Philippine Constabulary-Integrated National Police (PC-INP), had its own charter which provided it can issue subpoena and subpoena duces tecum. But with the advent of RA 6975 and RA 8551, otherwise known as the "Philippine National Police Reform and Reorganization Act of 1998," the CIS charter was amended.

“The CIS was abolished and it became the Criminal and Investigation Unit (CIU) pursuant to RA 6975. So I believe the Honorable Matugas will bring back that power to the CIU of the PNP,” Acop said.

Rep. Makmod D. Mending, Jr. (Party-list, AMIN) said there is an urgency of discussing the matter at the committee level rather than at the technical working group (TWG) because of its timeliness. “The absence of this power of the CIDG is very relevant today,” said Mending.

Rep. Henry S. Oaminal (2nd District, Misamis Occidental) said the subpoena/subpoena duces tecum powers of the CIDG is a necessity for the agency to complete and expedite its investigation of cases. He proposed that such powers of the CIDG be incorporated in House Bill 1115 or the proposed “PNP Reorganization and Modernization Act.”

Police Director Archie Francisco Gamboa, the PNP Director for Comptrollership, said under R.A. 8551, the CIDG has subpoena and subpoena deuces tecum powers but limited only to the investigation of administrative cases. Gamboa proposed that subpoena and contempt powers be granted to the CIDG at the same time to give the law enforcement agency more teeth.

House Bill 2993 provides for the amendment of Section 35 (b)(4) of RA 6975 on Criminal Investigation Unit (CIU) so that “The Chief and Deputy Chief of the Criminal Investigation Unit shall have the power to issue subpoena and subpoena duces tecum in connection with the investigation of cases cognizable by it and administer oaths in connection therewith."

 
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