NBI Subpoena and Bench Warrants Philippines

Response to Ignored NBI Subpoena and Issuance of Bench Warrants in the Philippines

Question: If the NBI issued a subpoena but the respondent failed to appear and ignored it, what is the next step? Can the NBI issue a bench warrant for contempt, especially when the issue concerns fraud?

Answer:

1. Subpoena and the NBI's Authority:

   • The National Bureau of Investigation (NBI) has the authority to issue subpoenas and subpoenas duces tecum (subpoenas requesting documents) under its charter, Republic Act No. 10867 or the "NBI Reorganization and Modernization Act." If a person does not comply, they may be held in contempt.

2. Contempt Proceedings:

   • If a respondent ignores or fails to comply with an NBI subpoena, the NBI may file contempt proceedings against the respondent. This could lead to penalties, including fines or imprisonment, depending on the discretion of the court.

3. Bench Warrant:

   • The NBI itself does not have the authority to issue bench warrants. However, if the NBI initiates contempt proceedings and the court finds the respondent's non-compliance contemptuous, the court can issue a bench warrant for the arrest of the respondent. This warrant would compel the respondent's appearance before the court.

4. Fraud Investigations:

   • If the issue involves fraud, and the NBI believes there is sufficient evidence, they might refer the matter to the Department of Justice (DOJ) for preliminary investigation. If, during this investigation, the respondent continues to ignore subpoenas or directives, the prosecutor handling the case can seek a court-issued warrant of arrest, separate from any contempt proceedings.

Recommendation: If you or someone you know has received a subpoena from the NBI and is considering not attending, it's crucial to consult with a lawyer immediately. Ignoring a subpoena can lead to legal complications. A legal professional can provide guidance on how to respond and can represent you in any subsequent proceedings.

Conclusion: Ignoring an NBI subpoena in the Philippines can have legal repercussions, including contempt proceedings. While the NBI cannot directly issue a bench warrant, they can initiate processes that lead to court-issued warrants, especially in serious matters like fraud investigations. It's always advisable to respond promptly to legal summons and to seek legal advice when unsure of the best course of action.