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ISTRATION UNIT
BILLS ND INCE X SERVICE

Seventeenth Congress
1S’ Regular Session

HOUSE BILL xo289 3

Introduced By:
REP. FRANCISCO JOSE F. MATUGAS II
15" District, Surigao del Norte (Siargao Island)

EXPLANATORY NOTE

According to the Philippine Drug Enforcement Agency, the Philippines
remains to be both a producing and consuming country of illegal drugs. As of
December 2015, 11,321 of the 42,036 barangays in the country or 26.93% are drug
affected. The National Capital Region remains to be the mostly affected with 99.26%
of its barangays affected by drugs.

‘The Dangerous Drugs Board estimates that there are 1.3 Million drug users in
the country. In 2012, the United Nations said the Philippines had the highest rate of
methamphetamine use in East Asia. According to a US. State Department report,
2.1% of Flipinos aged 16 to 64 use shabu.

It is under this scenario that the Philippine National Police (PNP), through its
Criminal Investigation and Detection Group (CIDG), has intensified its Anti-Ilegal
Drugs campaign.

The CIDG was created pursuant to Republic Act 6975, otherwise known as
‘An Act establishing the Philippine National Police, under a reorganized Department
of the Interior and Local Government, and for other purposes, primarily to
undertake the monitoring, investigation and prosecution of all crimes involving
economic sabotage and other crimes of such magnitude and extent and to
investigate all major cases involving violation of the Revised Penal Code (RPC) and
to conduct operations against organized crime group (OCGs).

A perusal of the provisions of RA 6975 shows that it did not provide the PNP
or the CIDG with the power to administer oath and to issue subpoena or subpoena
duces tecum. On the other hand, RA 6975 gave the NAPOLCOM the power to issue
subpoena and subpoena duces tecum in matters pertaining to the discharge of its
own powers and duties pertaining to cases against its personnel.

PRESENTATIVES



It bears stressing that our statutes allowed some agencies with the power to
issue administrative subpoena and subpoena duces tecum such as The Ombudsman,
Department of Justice, National Bureau of Investigation, the Philippine Drug
Enforcement Agency, NAPOLCOM, Bureau of Internal Revenue and_ the
Cybercrime Operation Center of the Cybercrime Investigation Coordination Center.

It is surprising that the PNP-CIDG, the main enforcement agency of the
country does not possess such power to issue administrative subpoena which plays
a significant role in any fact finding or investigation.

With regard to the current fight against drugs, the PNP-CIDG has been met
with difficulty in conducting investigations particularly in the fight against illegal
drugs spearheaded by no less than our President because of its inability to procure
documents and witnesses. This bill seeks to remedy that situation by giving the
P-CIDG subpoena/subpoena duces tecum powers in relation to the conduct of
investigations.

It must be noted that the life blood of the investigation is the flow of fact, the
gathering, the organization and the analysis of evidence. Investigations are useful
for all administrative functions, not only for rule making, adjudication, but also for
prosecuting, for supervising and directing, for determining general policy, for
recommending legislation, and for purposes no more specific than illuminating
obscure areas to find out what if anything should be done. An administrative agency
may be authorized to make investigations, not only in proceedings of a legislative or
judicial nature, but also in proceedings whose sole purpose is to obtain information
upon which future action of a legislative or judicial nature may be taken and require
the attendance of witnesses in proceedings of a purely investigatory nature. It may
conduct general inquiries into evils calling for correction, and to report findings to
appropriate bodies and make recommendations for actions. Along this line, it is with
more reasons that the PNP-CIDG, an investigative unit, should be given the power
to issue subpoena and subpoena duces tecum in the furtherance of its mandated
functions, especially in the fight against the evils of illegal drugs.

In view of the foregoing, approval of this bill is earnestly recommended.

FRANCISCO{OSE F. MATUGAS II

N


Republic of the Philippines

Bouse of Repuesentatsvyes
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

HOUSE BILL NO. 2993

INTRODUCED BY REPRESENTATIVE FRANCISCO JOSE F. MATUGAS IIT

AN ACT AMENDING REPUBLIC ACT NO. 6975, OTHERWISE KNOWN AS.
THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ACT OF
1990, AS AMENDED, PROVIDING FOR THE AUTHORITY OF THE
PHILIPPINE NATIONAL POLICE-CRIMINAL INVESTIGATION AND
DETECTION GROUP (PNP-CIDG) TO ISSUE SUBPOENA/SUBPOENA DUCES
TECUM

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled.

Section 1. Section 35 (b)(4) of Republic Act No. 6975, otherwise known as
“Department of the Interior and Local Government Act of 1990” is hereby amended
to read as follows:

“SECTION 35 = xxx xxx xxx
(b) Operational Support Units. -
NOX.

(4) Criminal Investigation Unit. - Headed by a Director with
the rank of Police Chief Superintendent, the Criminal Investigation Unit
shall undertake the monitoring, investigation and prosecution of all crimes
involving economic sabotage and other crimes of such magnitude and
extent as to indicate their commission by highly placed or professional
criminal syndicates and organizations.

This Unit shall likewise investigate all major cases involving
violations of the Revised Penal Code and operated against organized



19
20

THE CHIEF AND DEPUTY OF THE CRIMINAL
INVESTIGATION UNIT SHALL HAVE THE POWER TO ISSUE
SUBPOENA AND SUBPOENA DUCES TECUM IN CONNECTION
WITH THE INVESTIGATION OF CASES COGNIZABLE BY IT AND
ADMINISTER OATHS IN CONNECTION THEREWITH.”

Sec. 2. Implementing Rules and Regulations. - The Department of the Interior
and Local Government, in coordination with the Philippine National Police, shall
promulgate rules and regulations for the effective implementation of this Act. Such
rules and regulations shall take effect upon their publication in three (3)
newspapers of general circulation.

Sec. 3. Repealing Clause. -All laws, executive orders, decrees, rules and
regulations and other issuances inconsistent with any provisions of this Act are

hereby deemed amended and modified accordingly.

Sec. 4. Effectivity Clause. - This act shall take effect fifteen (15) days from its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,