Granting PNP Chief and CIDG Director and Deputy Director Authority to Administer Oath and Issue Subpoena
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Granting PNP Chief and CIDG Director and Deputy Director Authority to Administer Oath and Issue Subpoena
Republic Act No. 10973
March 1, 2018
Case Overview and Summary
Summary of Republic Act No. 10973Granting of Subpoena Powers
- The Chief of the Philippine National Police (PNP) and the Director and Deputy Director for Administration of the Criminal Investigation and Detection Group (CIDG) are granted the authority to:
• Administer oath (Section 1)
• Issue subpoena and subpoena duces tecum in relation to investigations (Section 1)
• The power to administer oath and issue subpoena cannot be further delegated (Section 1)
Subpoena Requirements
• The subpoena must state the nature and purpose of the investigation (Section 1)
• The subpoena must be directed to the person whose attendance is required (Section 1)
• For subpoena duces tecum, it must contain a reasonable description of the books, documents, or things demanded, which must be relevant to the investigation (Section 1)
Non-compliance with Subpoena
• 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 1)
Separability Clause
• If any provision of this Act is declared invalid or unconstitutional, the remaining parts or provisions not otherwise affected shall remain in force (Section 2)
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Any law, decree, ordinance, or administrative circular not consistent with any provision of this Act is hereby amended, repealed, or modified accordingly (Section 3)
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 (Section 4)
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Statutes
Republic Acts
Philippine National Police
Criminal Investigation and Detection Group
subpoena
subpoena duces tecum
oath
investigation
indirect contempt
Regional Trial Court
Law
Granting PNP Chief and CIDG Director and Deputy Director Authority to Administer Oath and Issue Subpoena
Republic Act No. 10973
•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...
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