Dela Rosa: Guidelines not needed in PNP subpoena powers, just use ‘conscience’

FILE: Philippine National Police (PNP) chief Director General Ronald “Bato” Dela Rosa (Photo: Philippine National Police/Facebook)

With the President signing the law to bring back subpoena powers to the Philippine National Police (PNP) Chief, Ronald “Bato” dela Rosa said that guidelines are not needed.

“’Di ko na kailangan magbigay ng rules, tatlo lang naman kami (I do not need to give rules, there are only the three of us). You use your conscience. Kung kailangan talaga, gamitin niyo. Kapag hindi kailangan, huwag niyong gamitin. Konsensya lang ninyo, hindi na kailangan ng rules ‘yan (If you really need it, use it. If you do not need it, do not use it. You just need a conscience, you do not need rules),” dela Rosa said in a press briefing on March 12.

President Rodrigo Roa Duterte signed Republic Act (RA) 109731 or “An act granting the chief of the Philippine National Police (PNP) and the director and 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 RA no. 6975, as amended, otherwise known as the Department of the Interior and Local Government act of 1990” on March 1.

The PNP chief addressed the concerns that these newly-granted powers may be abused.

“On my part, bakit gagamitin ko pa ‘yang power na ‘yan kung functioning ang CIDG? Sinabi naman ng batas na just in case wala ang CIDG director at deputy director, so sino ang pwede mag-issue kung hindi ako? Pero kung andyan sila at functioning sila, bakit pa ako mag-imbestigador-imbestigator? (On my part, why would I use the power if CIDG is functioning? According to the law, just in case the CIDG director and deputy director are not there, who else would issue if not me? But if they are there and they are functioning, why would I act like an investigator?),” dela Rosa said.

“Baka sabihin niyo gamitin ko ‘yan (You might say that I will use that power) against the political enemies of the Duterte administration. Rest assured never ko ‘yang gagamitin hangga’t functioning ang CIDG (I will never use it as long as the CIDG is functioning),” he added.

The law states that the PNP Chief and CIDG director and deputy director shall have the power to administer an 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.

A subpoena is a power to summon an individual in an investigation in court.  Meanwhile, a subpoena duces tecum summons an individual and requires him and her to bring necessary and important documents for the investigation.