PNP subpoena law doesn’t give cop officials power to order arrest —Palace

The subpoena powers that have been given by a new law to the Philippine National Police (PNP) did not give police officials the direct authority to order arrests, presidential spokesman Harry Roque said on Saturday.

Republic Act 10973 signed March 1 by President Rodrigo Duterte gave the PNP chief, the PNP Criminal Investigation and Detection Group (CIDG) director, and the CIDG deputy director for administration the power to issue subpoenas.

However, Roque pointed out during a briefing that the PNP-CIDG would need to file a case for indirect contempt before the courts if the summons were ignored.

Roque added that there existing laws enable the summoned to question the subpoena and protect themselves from possible abuse of the subpoena powers.

"Meron naman tayong mga umiiral na batas po kapag inabuso itong ganitong kapangyarihan. So kung talagang walang dahilan para mag-subpoena, pwede naman pong question-in yan sa pamamagitan ng (inaudible) arguing that it is whimsical, capricious at pangalawa po, hindi naman po sila mago-order ng pagkakulong," Roque said.

"Kapag po hindi sinunod ang subpoena, kailangan pang magsampa sa hukuman ng isang petistyon for indirect contempt.  So 'yung subpoena powers po, hindi po 'yan dahilan para sila ay magkaroon ng kapangyarihan para mag-aresto ng. Dahilan lang po 'yan para magkaroon po ng proteksyon for indirect contempt at ang hukuman parin po ang magpapataw ng parusa dun sa mga hindi susunod sa mga subpoenas," he added.

The author of the law in the House of Representatives also sought to allay hears of abuse.

"This power is also part of criminal investigation as defined in our criminal procedure. This power is the same power lodged with the National Bureau of Investigation, Congress and quasi judicial bodies," Surigao Del Norte Rep. Bingo Matugas said in a statement.

"This law will make investigation efficient and speedy as CIDG can already acquire those evidentiary materials without need of court order which usually take time," Matugas said.

Lawmakers belonging to the Makabayan bloc had opposed the bill's passage, saying its enactment will only grant additional powers to the PNP-CIDG which may be abused in light of the supposed human rights situation in the country.

The militant lawmakers cited the government’s campaign against illegal drugs, which is being linked to thousands of killings of suspected drug personalities since Duterte took power in June 2016.

Human Rights Watch Philippines researcher Carlos Conde,was also quoted as saying that the law was "worrisome" as it further expanded the power of the country's "already-abusive" police force.

Roque called the criticism "baseless."

"Unang-una, hindi po lahat ng pulis ay may subpoena powers.  'Yung PNP director general lang  atsaka 'yung hepe ng CIDG at ng kanilang mga deputy," Roque said.

"Pangalawa po, 'yung subpoena power,  hindi po automatic na pagka-kulong 'yan. Kapag hindi sinuway ang subpoena power, kailangan pa pong pumunta sa hudikatura, sa korte, para po mapakulong 'yung ayaw humarap sa imbestigasyon," he added.

Republic Act 10973 had been opposed as a bill by lawmakers who said its enactment will only grant additional powers to the PNP-CIDG which may be abused in light of the supposed human rights situation in the country.

According to the Palace, it would equip the PNP with the strength needed to bring swifter justice to victims of crime.

"This law grants subpoena power to the criminal investigation to the  Criminal Investigation and Detection Group and the PNP Director General. This will add more teeth to their mandate to enhance the law and find solution to their criminal cases," Roque said in a briefing.

"This subpoena power will give hope to the many victims of crimes who were deprived of justice due to the slow investigation processes as witnesses or respondents to crimes cannot be forced to face investigation," he added.

Prior to the law's passage, only the courts, the Office of the Ombudsman, the Department of Justice, the National Bureau of Investigation, Bureau of Internal Revenue, and Philippine Drug Enforcement Agency are authorized to issue subpoenas. —with a report from Ted Cordero/NB, GMA News