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The document discusses the constitutionality of Republic Act No. 10973 and the admissibility of evidence in a case. It finds that R.A. 10973 is constitutional and does not violate any existing laws. It also finds that the petitioner's affidavit is admissible as evidence, as it is akin to a voluntary confession given willingly without coercion. Finally, it determines that the petitioner was correctly cited for indirect contempt for refusing to cooperate with a subpoena issued by the police during an investigation.
The document discusses the constitutionality of Republic Act No. 10973 and the admissibility of evidence in a case. It finds that R.A. 10973 is constitutional and does not violate any existing laws. It also finds that the petitioner's affidavit is admissible as evidence, as it is akin to a voluntary confession given willingly without coercion. Finally, it determines that the petitioner was correctly cited for indirect contempt for refusing to cooperate with a subpoena issued by the police during an investigation.
The document discusses the constitutionality of Republic Act No. 10973 and the admissibility of evidence in a case. It finds that R.A. 10973 is constitutional and does not violate any existing laws. It also finds that the petitioner's affidavit is admissible as evidence, as it is akin to a voluntary confession given willingly without coercion. Finally, it determines that the petitioner was correctly cited for indirect contempt for refusing to cooperate with a subpoena issued by the police during an investigation.
The assailed statute does not run contrary to any
provision of the 1987 Constitution nor any existing legislative act. R.A. No. 10973 provides greater efficacy to the traditional power of the Chief of Police to issue subpoenas. A. The Court may not exercise its power of judicial review to resolve the issue of constitutionality of Republic Act No. 10973. In order for the Court to be in its proper exercise of its constitutionally-granted power of judicial review, extant must be certain requisites, the absence of at least one rendering such exercise improper. B. The instant appeal constitutes a collateral attack on the validity of Republic Act No. 10973. Well-settled is the rule that the constitutionality of a statute cannot be collaterally attacked as constitutionality issues must be pleaded directly and not collaterally. II. The affidavit of petitioner Tim Li is admissible as evidence. The circumstances which surround the case at bar can hardly be characterised as those which need full compliance with the general requisites of a valid extra- judicial confession. A. The extra-judicial confession is akin to a voluntary confession. Absent the element of coercion stemming from the part of the law enforcement officers, there is a presumption that such confession was made under petitioner own volition and willingness. B. Petitioner’s failure to object the admissibility of the evidence duly constitutes a waiver to question the legality of the same. The Rules on Evidence and the Rules of Court provide that an objection to the admissibility of evidence must be timely made during the offer of the same. Else, the failure of a party to dispute the evidence is tantamount to the acknowledgement of such evidence. III. No rights granted under Sec. 12 of Art. III of the 1987 Constitution were violated as petitioner was not under custodial investigation. The rights enumerated under Sec. 12 are available upon a showing that there is a specific questioning initiated by the authorities to elicit incriminating statements for an investigation for a specific crime from a particular suspect. IV. Petitioner was correctly cited for indirect contempt. The power to cite for contempt is not exclusively judicial in nature and may be done by the Chief of PNP in aid of the investigation. A person who refuses to cooperate with the PNP after a subpoena has been issued may be cited for contempt.