THE investigative capability of the Philippine National Police may get more muscle in the event its power to subpoena people and documents for investigation is restored by a Senate bill proposed by erstwhile PNP chief and now Senator Panfilo Lacson.
Lacson’s proposed measure seeks to strengthen the PNP’s Criminal Investigation Unit (now the Criminal Investigation and Detection Group) by restoring its authority to issue subpoena by amending Republic Act 6975, the law which established the armed, civilian unit police force of the Philippines with national headquarters in Camp Crame.
Under Senate Bill 1052, a person would be compelled to attend an investigation while a subpoena duces tecum is like a court summons ordering the recipient to appear before the CIDG and produce documents or other tangible evidence for use at the hearing or trial.
The bill has been referred to the Senate committee on public order and illegal drugs.
“Under the present law, the CIU [now CIDG] is mandated to undertake the monitoring, investigation and prosecution of all crimes involving economic sabotage, and other crimes of such magnitude and extent as to indicate their commission by highly placed or professional criminal syndicates and organizations,” said Lacson, who headed the PNP from 1999 to 2001.
Because of this, Lacson said it is somewhat contradicting that the primary investigative unit does not possess the power to issue administrative subpoenas for the conduct of its mandated duties.
Lacson said when Republic Act No. 6975 was enacted in 1990, it repealed RA 5750, which had granted the CIS chief and deputy chief the power to administer oaths in cases under investigation and to issue subpoena or subpoenas duces tecum.
He added his bill “seeks to correct this oversight” by restoring such powers previously granted to the CIU director and his/her deputies.
Besides, he said Philippine laws provide the power to issue administrative subpoena or subpoena duces tecum to other government agencies such as the Ombudsman, Department of Justice, National Bureau of Investigation, Philippine Drug Enforcement Agency, National Police Commission, Bureau of Internal Revenue and the Cybercrime Operation Center.
“It is submitted that these powers are indispensable for the CIU to carry out its mandated investigatory and prosecutory functions,” said Lacson.
