NOT UNCONSTITUTIONAL

BENEFICIALITY

Your honors, ladies and gentlemen, good afternoon. We the affirmative side, submit that RA 10973
is beneficial in furtherance of PNP Chief and Deputy Director for Admin CIDG’s function which is primarily
law enforcement on the following legal basis:

- The current status quo according to General Dela Rosa (PNP Chief) and Ubusan (Chief
Director of DILG) is that there are many pending cases because of lack of cooperation of
witnesses. Further, in securing evidence vital to an investigation, the PNP is only, within its
legal powers, to invite a witness, who can refuse, or in case of document, which is voluntarily
given. With the enactment of RA10973, the PNP, in the interest of justice, has now the authority
to compel an individual to cooperate to their on-going investigation for a speedy investigation
process.
-
- Furthermore, before the enactment of RA6975, the Philippine Constabulary and the Integrated
National Police had subpoena power as provided under, Section 11 PD 765 which states that
The Chief of Constabulary or the subordinate official he may authorize, shall have the power
to issue subpoena and subpoena duces tecum in connection with the investigation of cases
cognizable by the Integrated National Police.

- According to the House Committee Report, Subpoena power strengthens the capacity of the
PNP and the CIDG in gathering documents and securing witness in the conduct of
investigation.

- SAFEGUARDS AGAINST ABUSE OF POWERS THROUGH THE FOLLOWING;

IT IS EXPRESSLY PROVIDED UNDER RA 10973 THAT THE SUBPOENA POWER IS SOLELY

LODGED IN THE PNP CHIEF AND DEPUTY DIRECTOR FOR ADMINISTRATION OF CRIMINAL
INVESTIGATION AND DETECTION GROUP. THIS WILL NOT RAISE THE ISSUES ON ABUSE
POWER THROUGH UNDUE DELEGATION. FURTHER MORE, THE LAW EXPRESSLY
PROVIDES THE SUBPOENA MUST CONTAIN THE “NATURE AND PURPOSE OF THE
INVESTIGATION”,

REMEDY OF SUBPOENAD PERSONS

WE CANNOT DENY THAT IT IS ALSO THE FUNCTION OF THE COURT TO GIVE DUE COURSE IN CASES WHEN
THE SUBPOENA IS ISSUED WITHOUT JUSTIFICATION. THIS IS AN APPLICATION OF THE PRINCIPLE OF
CHECKS AND BALANCE UNDER WHICH SEPARATE BRANCHES ARE EMPOWERED TO PREVENT ACTIONS BY
OTHER BRANCHES AND ARE INDUCED TO SHARE POWER. CHECKS AND BALANCES ARE APPLIED
PRIMARILY IN CONSTITUTIONAL GOVERNMENTS. FURTHERMORE, THE RIGHTS ENSHRINED IN THE
CUSTODIAL INVESTIGATION SUCH AS: THE RIGHT TO REMAIN SILENT, AND THE RIGHT TO HAVE COUNSEL
ARE NOT LOST. THEREFORE, YOUR HONOR, WE SUBMIT THAT R.A 10793 IS NOT UNCONSTITUTIONAL FOR
THE REASON THAT THEY ARE NOT CONTRARY TO LAW, RULES OF COURT, JURISPRUDENCE ON HUMAN
RIGHTS ,AND MOST IMPORTANTLY, IT DOES NOT VIOLATE THE CONSTITUTIONAL RIGHTS OF THE PEOPLE.