Lacson defends authored law on subpoena grant

FILE: Senator Panfilo Lacson. (Photo: Senator Ping Lacson/Facebook)

The Senator behind the controversial law returning the subpoena powers to the Philippine National Police (PNP) defended that the newly-signed law by the President has enough safety nets to avoid abuse of power.

Senator Panfilo “Ping” Lacson authored and sponsored 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.”

According to Lacson, the powers are granted to only three officials. He cited from the law that the PNP chief, CIDG director, and deputy director “shall have the power to administer 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.”

“We did not allow it at the precinct level because it will be difficult to control if there is an indiscriminate issuance of subpoenas,” Lacson said in a radio interview with DZBB.

He also said that the constitutional rights of a person summoned through a subpoena will still be “respected.”  These include rights against self-incrimination, remain silent, and/or contest the subpoena before the courts.

“No one can be forced to give a testimony that may implicate himself or herself,” he said. “Another safeguard is one can go to the courts or the Supreme Court (SC) and seek a TRO (temporary restraining order) or certiorari.”

Lacson, a former PNP chief, also emphasized that if other government agencies can issue subpoenas, CIDG should be able to as well.

“The CIDG is the premier investigative arm of the PNP and it is only right for them to have the authority to issue subpoena[s],” he said.

President Rodrigo Roa Duterte signed RA 109731 on March 1.