The Department of the Interior and Local Government (DILG) is assuring the public that the restoration of subpoena powers to the Philippine National Police (PNP) under a newly-signed law will not be abused by the police organization.
DILG OIC-Secretary Eduardo M. Año says the Department will strictly monitor the actions of the PNP in using its subpoena powers granted under Republic Act 10973 signed by President Duterte last March 1.
“The DILG will be on the lookout for any hint of abuse that may be committed by the PNP in carrying out its restored subpoena powers and we will see to it that this will be used only for the intention that it was granted,” says Año.
The DILG chief says that the primary purpose of the new law is to allow the PNP to gather more evidence so that cases filed in court will not be dismissed. “Many cases filed with the Prosecutor and the courts are dismissed for lack of or weak evidence. The grant of subpoena powers will strengthen the cases filed by the PNP and ensure that justice is served,” he explains.
He says that other law enforcement agencies like the NBI have subpoena powers. “Why shouldn’t the PNP-CIDG, the primary investigating unit of the police, have that authority as well?,” he asks.
Under RA 10973, the PNP chief, the Director and the Deputy Director for Administration of the PNP’s Central Investigation and Detection Group (CIDG) can now issue a subpoena and subpoena duces tecum in relation to their investigation of cases.
The law states that “the subpoena shall state the nature and purpose of the 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”.
According to Año, the law did not give the authority to issue subpoena to all the officials of the PNP, but only to the PNP Chief and the two top officials of the CIDG.
“Such powers (subpoena powers) are not universal for the whole PNP organization. These were not given to the police at the precinct level because the law might have considered that this will be only used in circumstances when witnesses refuse to cooperate with police investigation,” he says.
He says that the law actually takes into consideration the plight of the victims of crimes and their families who have been denied justice because of the refusal of witnesses to testify in court.
“This new law takes the best intentions of the crime victims at heart because they may finally get the justice that they have been longing for as witnesses will now be obliged to appear before the police,” he says.
RA 10973 provides that failure to comply with a PNP subpoena could lead to an indirect contempt charge at the Regional Trial Court.
Año thanks President Rodrigo Duterte and Congress for signing the new law as it will help fast track its investigation and resolution of cases because respondents and witnesses will now be compelled to show up at the PNP.
“On behalf of the DILG and the PNP, I would like to express my gratitude to the President and Congress for the enactment of RA 10973 as it reinforces the PNP’s mandate to enforce the law and hasten the investigation of cases,” he says.
RA 10973 amends RA 6975, or the Department of Interior and Local Government Act of 1990, to restore the subpoena powers of the PNP and PNP-CIDG.
