Aguirre: CIDG has no power to issue subpoena
MANILA, Philippines (Philippines News Agency) — Justice Secretary Vitaliano Aguirre II clarified that the Criminal Investigation and Detection Group (CIDG) director and his deputies cannot issue a subpoena and a subpoena duces tecum in the absence of an authority granted by the chief of the Philippine National Police (PNP).
Aguirre issued the clarification upon the request letter for a legal opinion of Chief Superintendent Roel Obusan, acting director of the PNP-CIDG dated August 10 on whether the CIDG director and his deputies may issue a subpoena and a subpoena duces tecum.
Aguirre issued the clarification upon the request letter for a legal opinion of Chief Superintendent Roel Obusan, acting director of the PNP-CIDG dated August 10 on whether the CIDG director and his deputies may issue a subpoena and a subpoena duces tecum.
In his eight-page reply dated September 6 but was released to the media on November 4, Aguirre stated that Republic Act 6975 (Department of the Interior and Local Government Act of 1990) established the PNP under a reorganized Department of the Interior and Local Government (DILG). He said the law provides that the PNP shall absorb the functions of the Philippine Constabulary (PC), the Integrated National Police (INP) and the Narcotics Command, including the power to issue a subpoena and a subpoena duces tecum.
However, Aguirre said such power is not granted to all the members of the PNP.
"Thus, when the PNP absorbed the functions of the PC and the INP, such does not necessarily mean that the officials authorized therein to issue subpoena continue to exist. Indeed, nowhere in the law is there correlation or basis to say that the CIDG inherited the powers and functions of the defunct CIS [Criminal Investigation Service]."
He further clarified that under RA 6975, the powers granted to the CIDG is limited to monitoring, investigation and prosecution of serious crimes.
Aguirre stressed that "in the absence of a grant of authority to a particular officer, the exercise of such absorbed power is reserved to the chief PNP, which herein includes the issuance of subpoena and subpoena duces tecum. Thereafter, the chief PNP may delegate such power to a subordinate."
"Thus, when the PNP absorbed the functions of the PC and the INP, such does not necessarily mean that the officials authorized therein to issue subpoena continue to exist. Indeed, nowhere in the law is there correlation or basis to say that the CIDG inherited the powers and functions of the defunct CIS [Criminal Investigation Service]."
He further clarified that under RA 6975, the powers granted to the CIDG is limited to monitoring, investigation and prosecution of serious crimes.
Aguirre stressed that "in the absence of a grant of authority to a particular officer, the exercise of such absorbed power is reserved to the chief PNP, which herein includes the issuance of subpoena and subpoena duces tecum. Thereafter, the chief PNP may delegate such power to a subordinate."
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Aguirre: CIDG has no power to issue subpoena
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