PNP will only create policies on how to serve subpoenas — CIDG chief

Criminal Investigation and Detection Group (CIDG) chief Director Roel Obusan on Wednesday clarified that there is no need to craft an implementing rules and regulations (IRR) as regards the subpoena powers given to select officials of the Philippine National Police (PNP).

Obusan, however, assured the public that they will be creating "policies" on how policemen will serve subpoenas.

"Hindi lahat ng batas ay merong implementing rules and regulations, that is a fact, 'pag sinabi ng batas that the regulatory agency will craft an implementing rules and regulations, 'yun gagawa ka, itong subpoena power, 'yung R.A. 10973, walang binanggit na magki-create, so hindi kami magki-create non," Obusan said during a press briefing.

"Different ang IRR from the guidelines...hindi naman dapat magkaron ng guideline, ang lalagyan namin ng guideline ay yung pano i-serve, how our policemen will serve it, bibigyan ng policy 'yon, so there will be policies which we can also call guidelines," he added.

Obusan issued the statement after PNP chief Director General Ronald "Bato" dela Rosa was criticized for saying that "conscience" should be enough guidance for the officers who were granted the power to issue the summons—the PNP chief, and the director and deputy director for administration of the PNP Criminal Investigation and Detection Group.

"You use your conscience, 'yun ang rules na sasabihin ko sa inyo, use your conscience, kung kailangan talaga, gawin ninyo, 'pag hindi kailangan, 'wag niyong gamitin, 'yun lang, kunsensiya lang ninyo," Dela Rosa said.

"Hindi na kailangan pa ng rules 'yan dahil nakasabi naman sa batas, either or, sa aming tatlo. So kunsensyahan na lang ito, kung kinakailangan 'yan gamitin, 'pag hindi, 'wag," he added.

But Magdalo party-list Representative Gary Alejano said the PNP should draft a set of implementing rules and regulations as regards the subpoena powers a new law has given them.

"Instead of relying on arbitrary call of conscience, I urge the PNP to come up with a concrete and definitive Implementing Rules and Regulations which they need to consult on before issuing said subpoenas," Alejano said.

"Further, these rules would serve as the public’s reference point to hold them accountable," he added.

On March 1, President Rodrigo Duterte signed Republic Act 10973 which authorizes the PNP chief, the CIDG director and deputy director for administration to issue subpoenas on cases under investigation.

Failure to comply with the subpoena would entail the filing by the PNP-CIDG of a case for indirect contempt before the courts. — Marlly Rome Bondoc/RSJ, GMA News