Police can issue subpoena sans IRR, says Bato

PNP Chief Ronald “Bato” dela Rosa. Noy Morcoso/INQUIRER.net

Philippine National Police Director General Ronald dela Rosa insisted on Friday that the police authority to issue subpoenas may be used without official guidelines.

Speaking to reporters following Friday’s inauguration of the PNP Civil Security Group one-stop shop in Camp Crame, Dela Rosa said that the law empowering him and two other police officials to issue subpoenas did not state the necessity of implementing rules and regulations (IRR).

“The tool is available for use. When you are in a situation when you need that tool, then you have to use it,” the PNP chief said.

Not necessary

The director of the PNP Criminal Investigation and Detection Group (CIDG) and the crafters of the law had informed him that an IRR was not necessary, he added.

“The law is immediately implementable, enforceable without the benefit of producing an IRR. The law did not set conditions,” Dela Rosa said.

President Duterte signed the new law last March 1, granting the PNP chief, the director of CIDG and his deputy “the power to administer oath, issue subpoena and subpoena duces tecum in relation to its investigation.”

Dela Rosa said that what needed to be observed was the clause requiring that the law take effect 15 days after publication on the Official Gazette.

A subpoena is a formal document which orders a person to testify before an issuing body and a subpoena duces tecum (Latin for “under penalty to bring with you”) commands a person to present specified papers or items.

Indirect contempt

The PNP chief and the two CIDG officials were also granted authority to cite for indirect contempt a person who fails to comply with the subpoena.

Dela Rosa reiterated that he would not abuse the subpoena power and considered it a “last resort” to question witnesses to a crime.

“I do not need to use it. If that power is not going to be used, then [how could it be abused]? I have lesser interest in using that power, so chances of me abusing that power is also less or none,” he said.

Dela Rosa explained that CIDG was the only office that would actually use the quasijudicial authority and that he would issue a subpoena only if both its director and deputy director were absent.