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Republic of the Philippines > RECEIVED
DHouse of Representatives

Queson City, Meteo Manila

Seventeenth Congress

First Regular Session

House Bin No. 4339

Introduced by HON. ROMEO M. ACOP

EXPLANATORY NOTE

In June 21, 1969, Republic Act No. 5750 was enacted providing for
the qualifications, selection and appointment of civilian investigation agents
of the Criminal Investigation Service (CIS), the Philippine Constabulary (PC),
and defining their powers as peace officers. Section 6 of said law empowered
the Chief and the Deputy Chief of the CIS to administer oaths upon cases
under investigation and to issue subpoena or subpoenas duces tecum for the
appearance at government expense of any person for investigation or
production of documents and other matters therein.

In December 13, 1990, Congress passed Republic Act No. 6975
creating the Philippine National Police (PNP) under a reorganized Department.
of the Interior and Local Government (DILG). Section 35 of RA 6975 created
the Criminal Investigation Unit (CIU), in lieu of the CIS, as one of PNP’s
operational support units. Under said law, the CIU, now the present Criminal
Investigation and Detective Group (CIDG), is mandated to 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. However, RA 6975 removed the authority of the Chief and
Deputy Chief of the unit to administer oaths and to issue subpoena or

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subpoenas duces tecum in investigations conducted by It. The deletion
affected the unit’s efficiency and effectiveness in the discharge of its
mandated duties.

This bill seeks to restore to the CIU (CIDG) Director and his/her
Deputies the power to administer oaths and to issue subpoena or subpoenas
duces tecum in investigations conducted by the unit to strengthen its
capability in carrying out its investigatory and prosecutory functions.

It should be noted that various government agencies such as the
Ombudsman, the Department of Justice, the Philippine Drug Enforcement
Unit, the National Police Commission, the Bureau of Internal Revenue, and
more recently, the Cybercrime Operation Center, have been granted by law
the same power to issue administrative subpoenas and subpoenas duces
tecum. There is no cogent reason to deny the same to the CIDG of the
Philippine National Police.

For the foregoing reasons, the immediate consideration and passage of
this bill is earnestly urged.

Representative
2°\District, Antipolo City


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Republic of the Philippines
Douse of Representatives
Queson City, Metro sManila

Seventeenth Congress
First Regular Session

4339

House Bill No. _

Introduced by HON. ROMEO M. ACOP

AN ACT
STRENGTHENING THE PHILIPPINE NATIONAL POLICE CRIMINAL
INVESTIGATION UNIT (CIU) BY RESTORING ITS AUTHORITY TO
ISSUE SUBPOENA OR SUBPOENA DUCES TECUM, AMENDING FOR THE
PURPOSE SECTION 35 (B)(4) OF REPUBLIC ACT NO. 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

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

SECTION 1. Section 35 (b)(4) of Republic Act No. 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,
is hereby amended to read as follows :

Section 35. Support Units - xxx

XXXX


(b) Operational Support Units ~ xxx
XXXX

(4) Criminal Investigation Unit - Headed by a Director with the rank of
Chief Superintendent, the Criminal Investigation Unit _ shall
undertaking 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.

The unit shall likewise investigate all major cases involving violations
of the Revised Penal Code and operate against organized crime
groups, unless the President assigns the case exclusively to the
National Bureau of Investigation (NBI).

THE DIRECTOR AND THE DEPUTY DIRECTORS OF THE
CRIMINAL INVESTIGATION UNIT SHALL HAVE THE POWER TO
ADMINISTER OATH UPON CASES UNDER INVESTIGATION AND
TO ISSUE SUBPOENA OR SUBPOENA DUCES TECUM.

SECTION 2. Repealing Clause - All other laws, ordinances, rules,
regulations and other issuances or parts thereof, which are inconsistent with
this Act, are hereby repealed or modified accordingly.

SECTION 3. Effectivity Clause - This Act shall effect fifteen (15) days

after its publication in the Official Gazette or in at least two (2) newspapers
of general circulation.

Approved.