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Violation of The Anti-Fencing Law (PD 1612)
Violation of The Anti-Fencing Law (PD 1612)
61, 1993)
Evidence Needed for an Inquest Proceedings
SECTION 1.Concept .Inquest is an informal and summary investigation con-ducted by a
public prosecutor in criminal cases involving persons arrested and detained without the benefit of
a warrant of arrest issued by the court for the purpose of deter-mining whether or not said
persons should remain under custody and correspondingly be charged in court.
SEC. 2.Designationof Inquest Officers.The City or Provincial Prosecutor shall designate the
Prosecutors assigned to inquest duties and shall furnish the Philippine National Police (PNP) a
list of their names and their schedule of assignments. If, however, there is only one Prosecutor in
the area, all inquest cases shall be referred to him for appropriate action. Unless otherwise
directed by the City or Provincial Prosecutor, those assigned to inquest duties shall discharge
their functions during the hours of their designated assignments and only at the police
stations/headquarters of the PNP in order to expedite and facilitate the disposition of inquest
cases.
SEC. 3.Commencement and Termination of Inquest.The inquest proceedings shall be
considered commenced upon receipt by the Inquest Officer from the law enforcement authorities
of the complaint/referral documents which should include:
a. the affidavit of arrest;
b. the investigation report;
c. the statement of the complainant and witnesses; and
d. other supporting evidence gathered by the police in the course of the latters
investigation of the criminal incident involving the arrested or detained person. The
inquest Officer shall, as far as practicable, cause the affidavit of arrest and
statements/affidavits of the complainant and the witnesses to be subscribed and sworn to
before him by the arresting officer and the affiants. The inquest proceedings must be
terminated within the period prescribed under the provisions of Article 125 of the
Revised Penal Code, as amended. *
SEC. 4.Particular Documents Required in Specific Cases.The submission, presentation of
the documents listed herein below should as far as practicable, be required in the following cases
by the Inquest Officer.
Violation of the Anti-Fencing Law (PD 1612)
a. a list/inventory of the articles and items subject of the offense; and
b. statement of their respective value
Illegal Possession of Explosives (PD 1866)
a. chemistry report duly signed by the forensic chemist and
b. photograph of the explosives, if readily available.
Violation of the Fisheries Law (PD 704)(now RA 8550)
a. photograph of the confiscated fish, if readily available; and
b. certification of the Bureau of Fisheries and Aquatic Resources;
Violation of the Forestry Law (PD 705)
a. scale sheets containing the volume and species of the forest products confiscated,
number of pieces and other important details such as estimated value of the products
confiscated;
b. certification of Department of Environment and Natural Resources/Bureau of Forest
Management; and
c. seizure receipt. The submission of the foregoing documents shall no absolutely be
required if there are other forms of evidence submitted which will sufficiently establish
the facts sought to be proved by the foregoing documents.
SEC. 5.Incomplete documents.When the documents presented are not complete to establish
probable cause, the Inquest Officer shall direct the law enforcement agency to submit the
required evidence within the period prescribed under the provisions of Article 125 of the Revised
Penal Code, as amended; otherwise, the Inquest Officer shall order the release of the detained
person and, where the inquest is conducted outside of office hours, direct the law enforcement
agency concerned to file the case with the City or Provincial Prosecutor for appropriate action.
SEC. 6.Presence of the detained person.The presence of the detained person who is under
custody shall be ensured during the proceedings. However, the production of the detained person
before the Inquest Officer may be dispensed with in the following cases:
a. if he is confined in a hospital;
b. if he is detained in a place under maximum security;
c. if production of the detained person involve security risks; or
d. if the presence of the detained person is not feasible by reason of age, health, sex and
other similar factors.
The absence of the detained person by reason of any of the foregoing factors must be noted by
the Inquest Officer and reflected in the record of the case.
SEC. 7.Charges and counter-charges.All charges and counter-charges arising from the same
incident shall, as far as practicable, be consolidated and inquested jointly to avoid contradictory
or inconsistent dispositions.
SEC. 8.Initial duty of the inquest officer .The Inquest Officer must first deter-mine if the
arrest of the detained person was made in accordance with the provisions of paragraphs (a) and
(b) of Section 5, Rule 113 of the 1985 Rules on Criminal Procedure, as amended, which provide
that arrests without a warrant may be effected:
a. when, in the presence of the arresting officer, the person to be arrested has committed,
is actually committing, or is attempting to commit an offense; or
b. when an offense has in fact just been committed, and the arresting officer has personal
knowledge of facts indicating that the person to be arrested has committed it. For this
purpose, the Inquest Officer may summarily examine the arresting officers on the
circumstances surrounding the arrest or apprehension of the detained per-son.
SEC. 9.Where arrest not properly effected.Should the Inquest Officer find that the arrest
was not made in accordance with the Rules, he shall:
a. recommend the release of the person arrested or detained;