Senator Panfilo Lacson pitches in for the Philippine
National Police as author of the revised Philippine National Police Law.
The former Philippine National Police Chief turned lawmaker
weighs in in the signed law by President Rodrigo Roa Duterte granting subpoena
powers to the Philippine National Police Chief and the select police officials.
Under the revised law, the PNP chief and the director and
deputy director for administration of the PNP-Criminal Investigation and
Detection Group “shall have the power to administer oath, issue subpoena and
subpoena duces tecum (documents) in relation to its investigation.” *
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| Senator Panfilo LAcson (photo credit to owner) |
The law provides that the three ranking PNP officials “shall be exercised solely by the
aforementioned officials and may not be relegated to any other person or
office.”
The strict requirement for the subpoena must contain the following: state the nature and purpose of investigation, and be directed to the person whose attendance is required. In the case of a subpoena duces tecum, it should contain a reasonable description of the books or documents being sought.
“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,” the inserted provision reads.
Lacson explains that the Philippine Constabulary used to have subpoena powers but the proponents of the Philippine National Police Law "overlooked" this when they reorganized the Department of the Interior and Local Government and created the PNP.
Without this, the PNP is "helpless" in its investigation because its invitations to participate are not coercive, Lacson said.
Under the new PNP law, a person may only be subpoenaed if there was a sworn statement taken by the investigator implicating him or her, or mentioning the name of that person as a possible witness.
The person must also appear for the investigation with a lawyer, otherwise the testimony will be null and void, added Lacson. *
"If it doesn’t fall under those, under the purpose of the investigation and it will not serve the purpose of that investigation, then the PNP is not authorized to issue that subpoena and it can be questioned before any court," the lawmaker said.
The Department of Justice ( DOJ), the National Bureau of Investigation (NBI), and the Philippine Drug Enforcement Agency(PDEA) have long held such authority of granting subpoena, only the PNP in the law enforcement agency is without subpoena powers.
Human rights groups have aired their concerns about the RA 10973, granting subpoena powers to the director general of the Philippine National Police and the director and deputy director for administration of its Criminal Investigation and Detection Group.
They said the new law could lead to abuses by the police force, whose credibility is under close watch since it started its war on drugs.
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