The NBI has the power to issue subpoena for the appearance of any person for investigation or production of documents, through its officers from the ranks of Regional Director to Director. (Sec. 4[b], R.A. 10867). DIsregard of the subpoena however is not punishable by indirect contempt, either by the NBI directly, because it has no contempt power, nor by the filing of an indirect contempt charge with the RTC because the NBI is not a quasi-judicial entity. (Section 12, Rule 71, Rules of Court; Biraogo v Phil. Truth Commission, 7 December 2010). The refusal to attend will simply mean a waiver of the right to present evidence during the investigation.
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Author: Manny Riguera
http://legisperit.wordpress.com My passion is to teach law and help law students achieve their utmost potential.
I'm a law practitioner with a passion for studying and teaching law. One of my greatest joys is to see my students pass the bar and become accomplished lawyers.
I've authored three law books, "Primer-Reviewer on Remedial Law, Vols. 1 & 2 (2023 ed.)" and "Bar Q&A Remedial Law (2025 ed.)," both published by Central Books; and "Remedial Law Bar Review Outline: Syllabus-Based, Vols. 1 & 2 (2025 ed.)," published by Legisperit Publications. I presently teach Remedial Law Review at the University of Asia & the Pacific Institute of Law. I'm a partner at the Riguera & Riguera Law Office and a Review Director and Senior Coach at the Jurists Bar Review Center. I had the privilege of serving as a commissioner at the Legal Education Board. I obtained my law degree from the Ateneo de Manila School of Law and my commerce degree from San Beda.
