Lawmaker fears police abuse of subpoena power

ALAWMAKER from the so-called Makabayan bloc in the House of Representatives has warned of more possible abuses by the police with the passage of a law granting the chiefs of the Philippine National Police (PNP) and the Criminal Investigation and Detection Group ( CIDG) authority to issue subpoenas and subpoenas duces tecum to help them in their probes.

Rep. Carlos Zarate of Bayan Muna was referring to Republic Act (RA) 10973, which amends the Department of Interior and Local Government Code, a measure that was approved on third reading in the Senate in three months but was stalled for eight months in the House before it was signed into law by President Rodrigo Duterte.

A subpoena is a writ commanding a person designated in it to appear in court under a penalty for failure, while a subpoena duces tecum is a writ commanding a person to produce in court certain designated documents or evidence.

“Darker times are indeed looming with the enactment of this law along with the current human rights situation in the country today. This law would grant additional powers to the PNP-CIDG that can potentially be subjected to abuse and further human rights violations,” Zarate said in a statement on Sunday.

“Ironically, while the PNP is now given this Marcosian eralike subpoena power, it refuses to become fully transparent and accountable for the government’s bloody war on drugs,” he added.

Based on the records of the - thored the measure and had it approved in the Senate Committee on Public Order and Safety on November 15, 2016.

Less than two weeks later, Senate Bill 1239 was calendared for

A week later on December 6, 2016 , it was moved to Special Order of Business, which means it was for priority action.

On the same day, Lacson delivered his sponsorship speech.

While Congress was on a Christmas break from December 17, 2016 to January 15, 2017, the Senate was able to approve the measure on second reading on January 24, 2017 or just nine days after the resumption of session.

Four days later, the Senate ap

The House public order and safety panel approved the committee report on the counterpart measure two days after the Senate approved it on third reading.

The House version was calendared for sponsorship and debate on February 2, 2017, but the sponsorship speech of Rep. Jose Matugas 2nd of Surigao del Norte only happened eight months later on October 10, 2017.

The chamber approved it on second reading on the same day, and on third reading by November 21, 2017.

The House and the Senate approved the bicameral conference report on the measure on December 6, 2017 and was sent for President’s signature on January 31 this year.

President Rodrigo Duterte signed it into law on March 1 or a day before it lapsed into law.

Based on the House committee report on the measure, the bill will “strengthen the capacity of the PNP and the CIDG in gathering documents and securing witnesses in the conduct of [ their] investigations.”

But during the eight-month lull between the bill being scheduled for plenary consideration and the sponsorship speech, the PNP had been under attack for drug-related deaths as a result of the government’s anti-drug war.