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CUSTODIAL INVESTIGATION

Read the following statement aloud:


"I am under arrest. I have a right to
remain silent. Anything I say can and
will be used against me in a court of
law. I have the right to talk to a
lawyer and have him/her present
with me while I question myself. If I
cannot afford to hire a lawyer, one
will be appointed to represent me, if
I wish one, before I question myself.
If I decide to make a statement, I
may stop at any time."

The Philippines was once under the colonial rule


of the United States by virtue of the
Commonwealth. After the Commonwealth, the
Philippines was on its own but the American
influence lived on.
In the legal system, American influence is
evident on how American jurisprudence has
helped enrich the Philippine legal system. One
doctrine we adopted was the Miranda
Warnings.

The Philippine version of the Miranda Doctrine


basically provides that:
1. A person in custody must be informed at the
outset in clear and unequivocal terms that he has
the right to remain silent; and that anything he says
can and will be used against him in a court of law;
2. He has the right to an attorney and if he cant
secure one, a lawyer shall be appointed to
represent him. His right to counsel is available at
any stage of the interrogation even if he initially
consents to giving any information without the
assistance of counsel.

EFFECT IF NOT OBSERVED


If the above is not observed, it renders all evidence
obtained therefrom to be inadmissible in court, being
the fruit of a poisonous tree. It is therefore
imperative that these rights are read to the person in
custody prior to being subjected to questioning.
The Fruit of the Poisonous Tree Doctrine all evidence
(the fruit) derived from an illegal search (the
poisonous tree) must be suppressed, whether it was
obtained directly through the illegal search itself, or
indirectly using information obtained in the illegal
search

EFFECT IF NOT OBSERVED


But For Test or taint doctrine; the evidence
would not have come to light but for the illegal
action of the police.
Inadmissible because of the Irregularity

Now it is an established rule that the Miranda


Doctrine does not have to be read out in every
arrest being made by police officers. It is
however a must that if the person is already
taken into police custody and the police carries
out a process of interrogation upon the person
arrested in custody and he is already being asked
incriminating questions, his Miranda Rights must
be read him.

So the constitution does not require recital of


the Miranda Ruling upon the arrest? What do
you think?

CITE CONSTITUITONAL BASIS


Sec. 12: (1) Any person under investigation for
the commission of an offense shall have the
right to be informed of his right to remain silent
and to have competent and independent
counsel preferably of his own choice. If the
person cannot afford the services of counsel, he
must be provided with one. These rights cannot
be waived except in writing and in the presence
of counsel.

Custodial Investigation
Section 12(1) , Article III of the 1987
Constitution embodies the mandatory
protection afforded to a person under
custodial investigation for the
commission of a crime and the
correlative duty of the State and its
agencies to enforce such mandate.

(2) No torture, force, violence, threat, intimidation, or


any other means which vitiate the free will shall be
used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention
are prohibited.
Republic Act No. 9745 (R.A. 9745) or the AntiTorture Act of 2009, which was enacted on 10
November 2009 specifically to curb and punish
torture (physical and mental) and other cruel,
inhuman and degrading treatment or punishment
inflicted by a person in authority or agent of a person
in authority upon another person in his/her custody.

(3) Any confession or admission obtained in


violation of this or Section 17 hereof shall be
inadmissible in evidence.
(4) The law shall provide for penal and civil
sanctions for violations of this section as well as
compensation to and rehabilitation of victims of
torture or similar practices, and their families.

RATIONALE
To put the accused on equal footing with the
State..

-"in custody" - includes deprivation or mere


restriction on physical liberty

Custodial Investigation investigation


conducted by law enforcer immediately after
arrest

Supreme Court Meaning of Custodial


Investigation

Custodial investigation
involves any questioning initiated by law enforcement
officers
after a person has been taken into custody or
otherwise deprived of his freedom of action in any
significant way.
It is only after the investigation ceases to be a general
inquiry into an unsolved crime and begins to focus on a
particular suspect, the suspect is taken into custody, and
the police carries out a process of interrogations that
lends itself to eliciting incriminating statements that the
rule begins to operate.
(People v. Marra, 236 SCRA 565)

WHAT DOES CUSTODIAL INVESTIGATION


PRESUPPOSE?

This presupposes that he is suspected of having


committed a crime and that the investigator is
trying to elicit information or a confession from
him.

WHEN DOES THE RULE ON CUSTODIAL


INVESTIGATION BEGIN TO APPLY?
The rule begins to operate at once, as soon as
the investigation ceases to be a general inquiry
into an unsolved crime, and direction is aimed
upon a particular suspect who has been taken
into custody and to whom the police would then
direct interrogatory questions which tend to
elicit incriminating statements.

SUPPOSE THE SUSPECT WENT TO THE POLICE


STATION AND NARRATED EVENTS FREELY? IS HE
CONSIDERED UNDER POLICE INVESTIGATION?
YES OR NO? WHY?

IS THERE A DIFFERENCE BETWEEN THE RIGHT


TO COUNSEL DURING THE CUSTODIAL
INVESTIGATION AND THE RIGHT TO COUNSEL
DURING TRIAL?
Yes. During the trial, the right to counsel
means the right to effective counsel. During trial,
the purpose of the counsel is not so much to
protect the accused from being forced to confess,
but rather is to defend the accused.

On the other hand, a custodial investigation


has stricter requirements. A custodial
investigation requires the presence of a
competent and independent counsel, who is
preferably the accuseds own choice.
Furthermore, the right to counsel could only
be waived in writing and in the presence of
counsel.

A custodial investigation take note is not done


in public, hence the danger that confessions
will be extracted against the will of the
defendant during the custodial investigation.
This danger doesn't really exist during trial since
the latter is done in public.

TWO VIEWS AS TO WHEN CUSTODIAL


INVESTIGATION BEGINS:
Restrictive View - limited to in-custody
interrogations as when the accused has been
arrested and brought to the custody of the police
for questioning
Expanded View contemplates two situations:
(1) general inquiry as to identification,
circumstances of a crime without focus on any
particular suspect; and (2) suspicion is focused on
a particular person and questions are asked from
him to elicit admissions or information.

**Under the expanded view, general inquiry as


to identification, like in a police line-up, is not
considered part of custodial investigation
hence the accused may be identified by a
witness in a police line-up even if made not in
the presence of counsel

Custodial Investigation
The Supreme Court prescribes the following steps after
informing the suspect of his rights:
1. The investigator should ask the suspect whether, after
being informed of the cause of the indictment against
him, he wants and is willing to give a statement of his
version;
2. In the affirmative, the suspect should next be asked if
he has a lawyer to assist him;

Custodial Investigation
3. If he answers he wanted a counsel but could not
afford to secure one, he should asked if he wanted
one to be appointed for him.
If the investigator fails to pursue these questions
before taking down the suspects statement, there
would be no effective waiver of his rights to remain
silent and to counsel. ( Gamboa v. Cruz, 162 SCRA
642)

Instances Where the


Constitutional Procedures on Custodial Investigation
Do Not Apply
1. A police line up is not considered part of any
custodial inquest because it is conducted before
that stage.
People v. Dimaano
robbery with homicide A police line-up is not part
of the custodial inquest so at this stage, they have no
right to counsel yet. They are not being held to answer
for criminal offense for which they are being charged
or convicted.

Instances Where the


Constitutional Procedures on Custodial Investigation
Do Not Apply

2. A suspects confession to a media personnel or


confidante is admissible and not covered by the
exclusionary rule provided the mediaman or
confidante was not acting for the police.

Extrajudicial Confessions to Mayor and Media Admissible


People vs. Andan, G.R. No. 116437, March 3, 1997
Thus, it has been held that the constitutional procedures on
custodial investigation do not apply to a spontaneous
statement, not elicited through questioning by the
authorities, but given in an ordinary manner whereby
appellant orally admitted having committed the crime.
What the Constitution bars is the compulsory disclosure of
incriminating facts or confessions. The rights under Section
12 are guaranteed to preclude the slightest use of coercion
by the state as would lead the accused to admit something
false, not to prevent him from freely and voluntarily telling
the truth. Hence we hold that appellant's confession to the
mayor was correctly admitted by the trial court.

Appellant's confessions to the media were


likewise properly admitted. The confessions
were made in response to questions by news
reporters, not by the police or any other
investigating officer. We have held that
statements spontaneously made by a suspect
to news reporters on a televised interview are
deemed voluntary and are admissible in
evidence.

3. Custodial rights of a person are not available

when he volunteers statements without


being asked.
Constitutional procedure on custodial
investigation does not apply to
spontaneous statement, not elicited
through questions by authorities, but given
in an ordinary manner whereby the accused
orally admitted having committed the
crime.

4. Statements given by the suspect to his


employer or the latters personnel and
private detectives, in the absence of
governmental interference, because the Bill
of Rights governs relations between the
State and individual, not relations between
private individuals.
5. Spontaneous statement not elicited through
questioning, but given in an ordinary manner
(spur-of-the-moment statements) res gestae
6. Extrajudicial admission to the prosecutor or
a private person

Q: COA auditor investigated certain anomalies in


the accounts of a government agency. He
questioned X, a public employee therein, without
benefit of counsel. Are Xs statements admissible?
A: Yes. A COA auditor is not a law enforcer.

A: Yes. A COA auditor is not a law enforcer.

Miguel, an AFP major,


arrested B and questioned
him without benefit of
counsel. Admissible?
Q:

A: Yes. An AFP member is not a law enforcer.


The Philippine Army's main functions include
training and organizing army forces to conduct
combat operations and execute national
defense plans. It is the country's primary
defense on land.

LIST OF LAW ENFORCEMENT AGENCIES IN THE PHILIPPINES


Office of the President
Presidential Security Group (PSG)
Philippine Drug Enforcement Agency (PDEA)
Metropolitan Manila Development Authority Traffic
Enforcement Division (MMDA-TED)

Department of Interior and Local Government


Philippine National Police
Bureau of Jail Management and Penology (BJMP)
Bureau of Fire Protection [1] (BFP)

Department of Justice
National Bureau of Investigation (NBI)
Bureau of ImmigrationLaw Enforcement Division [2] (BI-LED)

Department of Transportation and Communications

Philippine Ports Authority Port Police Department (PPA-PPD)


Land Transportation Office Law Enforcement Service (LTO-LES)
Office for Transportation Security (OTS)
Philippine Coast Guard (PCG)

Department of Finance
Bureau of Internal Revenue (BIR)
Collection Enforcement Division (CED)
Enforcement Service (ES)
Large Taxpayers Collection and Enforcement Division (LTCED)

Bureau of CustomsEnforcement Group [3] (BOC-EG)

Department of Trade and Industry


Consumer Welfare and Trade Regulation Group [4] (DTI-CWTRG)

Department of Environment and National Resources


Law Enforcement and Licenses Division (DENR-LELD)

Q: H, a police officer, and husband of W, saw the


latter cheating on him with her paramour. The
paramour was able to escape while W was
detained by H and then questioned. Later, H filed
a case for adultery against W and used her
statement as evidence. Admissible?

A: Yes. Even if H is a police officer, the time


when he questioned W, his wife, he was not
acting in his official capacity as a police officer
but in his personal capacity as her husband.

Q: X, the accused in a case for rape, was asked to


provide the police investigating team with
samples of his DNA. He did so without assistance
of counsel. Admissible?

A: Yes. The act of providing samples for


identification is a mere mechanical act, not
covered by the right against self-incrimination.

Q: If in the above case, X was also made to sign


booking sheets and police reports, also without
counsel. Admissible?

A: No. Handwriting is not a mere mechanical act.

RIGHT TO REMAIN SILENT


- Refers not only to testimonial confessions but
also to acts but does not apply to acts that are
merely mechanical (does not require use of
intelligence) or to general questions

e.g. What is your name? Right to remain silent?

MECHANICAL ACTS:
Paraffin test
DNA test
Examination of physical body
Fingerprinting
Being asked to step on a footprint to compare
foot size

NOT MECHANICAL:
Handwriting
Initials on marked money
Signing of inventory receipts in search warrant
(see People vs. Go)

Reenactment of the crime by the


accused is covered by the
constitutional procedure on
custodial investigation

RIGHT TO INDEPENDENT AND COMPETENT


COUNSEL
- absolute, even if accused himself is a lawyer
Independent - counsel is not hampered with
any conflicts of interest
Competent - counsel who is vigilant in
protecting the rights of accused
Accused must be apprised of his rights under
custodial investigation

Custodial Investigation
The right to counsel, (1) the right to an independent
and competent counsel of ones choice and (2) the
right to police or court appointed counsel, as the
case may be, where the accused is unable to retain
one.
This right attaches as soon as individual becomes the
focus and object of police interrogation.

Mere Perfunctory Reading of Miranda Warnings


not Enough
There was thus only a perfunctory reading of the
Miranda rights to accused-appellant without any
effort to find out from him whether he wanted to
have counsel and, if so, whether he had his own
counsel or he wanted the police to appoint one for
him.

This kind of giving of warnings, in several decisions


of this Court, has been found to be merely
ceremonial and inadequate to transmit meaningful
information to the suspect. Especially in this case,
care should have been scrupulously observed by
the police investigator that accused-appellant was
specifically asked these questions considering that
he only finished the fourth grade of the elementary
school.

Independent Counsel
Moreover, Art. III, 12(1) requires that counsel
assisting suspects in custodial interrogations be
competent and independent. Here, accusedappellant was assisted by Atty. De los Reyes,
who, though presumably competent, cannot be
considered an "independent counsel" as
contemplated by the law for the reason that he
was station commander of the WPD at the time
he assisted accused-appellant.

NOTA BENE:
The right to counsel attaches upon
investigation, that is, when the investigation
officer starts to ask question to elicit
information or confession or admission. In
case of waiver of rights, the same must be
done in writing and in the presence of
counsel.

A legal officer of a city cannot qualify as


independent counsel. As to who has burden
of proving the voluntariness of the confession
and that the constitutional safeguards have
been complied with, the prosecution has the
burden of proof.

If admission is made before a private person,


then it is admissible even if done without
assistance of counsel.

STATUTORY REQUIREMENTS FOR CUSTODIAL


INVESTIGATION
Rights of Persons Arrested, Detained or Under Custodial
Investigation; Duties of Public Officers.
(a)

Any person arrested detained or


under custodial investigation shall at all
times be assisted by counsel.

STATUTORY REQUIREMENTS FOR CUSTODIAL


INVESTIGATION
(b) Any public officer or employee, or anyone acting under
his order or his place, who arrests, detains or investigates
any person for the commission of an offense shall inform
the latter, in a language known to and understood by him,
of his rights to remain silent and to have competent and
independent counsel, preferably of his own choice, who
shall at all times be allowed to confer privately with the
person arrested, detained or under custodial
investigation. If such person cannot afford the services of
his own counsel, he must be provided with a competent
and independent counsel by the investigating officer.

STATUTORY REQUIREMENTS FOR CUSTODIAL


INVESTIGATION
(c) The custodial investigation report shall be reduced to
writing by the investigating officer, provided that before
such report is signed, or thumbmarked if the person
arrested or detained does not know how to read and
write, it shall be read and adequately explained to him by
his counsel or by the assisting counsel provided by the
investigating officer in the language or dialect known to
such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect
whatsoever.

STATUTORY REQUIREMENTS FOR CUSTODIAL


INVESTIGATION
(d) Any extrajudicial confession made by a person
arrested, detained or under custodial investigation shall
be in writing and signed by such person in the presence of
his counsel or in the latter's absence, upon a valid waiver,
and in the presence of any of the parents, elder brothers
and sisters, his spouse, the municipal mayor, the
municipal judge, district school supervisor, or priest or
minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence
in any proceeding.

STATUTORY REQUIREMENTS FOR CUSTODIAL


INVESTIGATION
(e) Any waiver by a person arrested or detained under the
provisions of Article 125 of the Revised Penal Code, or
under custodial investigation, shall be in writing and
signed by such person in the presence of his counsel;
otherwise the waiver shall be null and void and of no
effect.

STATUTORY REQUIREMENTS FOR CUSTODIAL


INVESTIGATION
(f) Any person arrested or detained or under custodial
investigation shall be allowed visits by or conferences with
any member of his immediate family, or any medical
doctor or priest or religious minister chosen by him or by
any member of his immediate family or by his counsel, or
by any national non-governmental organization duly
accredited by the Commission on Human Rights of by any
international non-governmental organization duly
accredited by the Office of the President.

STATUTORY REQUIREMENTS FOR CUSTODIAL


INVESTIGATION
WHO ARE THE IMMEDIATE FAMILIES?
The person's "immediate family" shall include his or her
spouse, fianc or fiance, parent or child, brother or
sister, grandparent or grandchild, uncle or aunt, nephew
or niece, and guardian or ward.

STATUTORY REQUIREMENTS FOR CUSTODIAL


INVESTIGATION
As provided for in Sec. 2, R.A. 7438, custodial
investigation includes the practice of issuing an
"invitation" to a person who is investigated in
connection with an offense he is suspected to have
committed. This shall be without prejudice to the
liability of the "inviting" officer for any violation of law.

PENALTIES
(a) Any arresting public officer or employee,
or any investigating officer, who fails to inform
any person arrested, detained or under
custodial investigation of his right to remain
silent and to have competent and
independent counsel preferably of his own
choice, shall suffer a fine of Six thousand
pesos (P6,000.00) or a penalty of
imprisonment of not less than eight (8) years
but not more than ten (10) years, or both. The
penalty of perpetual absolute disqualification
shall also be imposed upon the investigating
officer who has been previously convicted of a
similar offense. (Sec. 4 Republic Act No. 7438)

The same penalties shall be imposed upon a


public officer or employee, or anyone acting
upon orders of such investigating officer or in
his place, who fails to provide a competent
and independent counsel to a person arrested,
detained or under custodial investigation for
the commission of an offense if the latter
cannot afford the services of his own counsel.
(Sec. 4 Republic Act No. 7438)

(b) Any person who obstructs, prevents or


prohibits any lawyer, any member of the
immediate family of a person arrested, detained
or under custodial investigation, or any medical
doctor or priest or religious minister chosen by
him or by any member of his immediate family or
by his counsel, from visiting and conferring
privately with him, or from examining and
treating him, or from ministering to his spiritual
needs, at any hour of the day or, in urgent cases,
of the night shall suffer the penalty of
imprisonment of not less than four (4) years nor
more than six (6) years, and a fine of four
thousand pesos (P4,000.00) (Sec. 4 Republic Act
No. 7438)

INQUEST PROCEEDINGS

WHAT IS INQUEST?
INQUEST is an informal and summary
investigation conducted 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
determining whether or not said
persons should remain under custody
and correspondingly be charged in
court.

COVERAGE OF INQUEST
1. All offenses covered under the Revised
Penal Code and special laws, rules and
regulations; and

COVERAGE OF INQUEST
2. Where the respondent is a minor (below 18
years old), the inquest investigation shall cover
only offenses punishable by imprisonment of
not less than six (6) years and one (1) day,
provided that no inquest investigation shall be
conducted unless the child-respondent shall
have first undergone the requisite proceedings
before the Local Social Welfare Development
Officer pursuant to the Rules on Inquest with
Respect to Children in Conflict With the Law
(CICL).

VENUE OF INQUEST CASES


Unless otherwise directed by the Chief State
Prosecutor or the Provincial/City 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 or at the office
of the Inquest Prosecutor in order to expedite
and facilitate the disposition of inquest cases.

DATE AND TIME OF CONDUCT OF INQUEST


PROCEEDINGS
Inquest proceedings may be conducted at any
time of the week. However, where an inquest
falls on a non-working day, Saturday, Sunday
and Holiday, and a prosecutor is not available,
the inquest proceedings shall be conducted on
the first HOUR of the office day following the
arrest.(Medina vs. Orozco, Jr., 18 SCRA 1168)

COMMENCEMENT OF THE INQUEST


PROCEEDINGS

1. When Commenced
The inquest proceedings shall be considered
commenced upon receipt by the inquest
prosecutor of the following documents:
a) the affidavit of arrest duly subscribed and

sworn to before him by the arresting officer;

COMMENCEMENT OF THE INQUEST


PROCEEDINGS

b.) The investigation report;


c.) The sworn statements of the complainant/s and
witness/es; and
d.) Other supporting pieces of evidence gathered by
the police in the course of the latters investigation of
the criminal incident involving the arrested or detained
person.
(NOTE: The sworn complaint shall be accompanied by an
accomplished Preliminary Investigation Data Form and
other supporting documents)

COMMENCEMENT OF THE INQUEST


PROCEEDINGS

2. Documents Required in Specific Cases

The inquest prosecutor shall, as far as


practicable, require the
submission/presentation of the documents
listed below to wit:
a) Violation of the Dangerous Drugs
Law/Comprehensive Dangerous Drugs Act of
2002 (RA 9165)

COMMENCEMENT OF THE INQUEST


PROCEEDINGS
Chemistry Report or certificate of laboratory
examination duly signed by the forensic chemist or
other duly authorized officer, or if unavailable, the
field test results on the seized drug, as attested to
by a PNP Narcotics Command Operative or other
competent person, in which case, the inquest
prosecutor shall direct the arresting officer to
immediately forward the seized drug to the crime
laboratory for expert testing and to submit the final
forensic chemistry report to the prosecutors office
within five (5) days from the date of the inquest;

COMMENCEMENT OF THE INQUEST


PROCEEDINGS

Machine copy or photograph of the

buy-bust money, if available;


Chain of Custody Report,
Blotter and
Affidavit of the poseur-buyer, if any.

COMMENCEMENT OF THE
INQUEST PROCEEDINGS
Murder, Homicide and Parricide
Certified true/machine copy of the certificate

of death of the victim;


Autopsy report and the certificate of postmortem examination, if readily available; and
Marriage certificate in parricide cases.

COMMENCEMENT OF THE
INQUEST PROCEEDINGS
Theft / Robbery/Violation of the Anti-piracy/

Anti-Highway Robbery Law/ Violation of AntiFencing Law


A list/inventory of the articles and items

subject of the offense; and


Statement of their respective values

COMMENCEMENT OF THE
INQUEST PROCEEDINGS
Illegal Possession of Firearms, Ammunitions
and Explosives
Chemistry report duly signed by the forensic

chemist; and
Photograph of the explosives, if readily
available
Ballistic report, if readily available

COMMENCEMENT OF THE
INQUEST PROCEEDINGS
Violation of RA 9262
Marriage contract/certificate;
Affidavit/evidence of dating relationship, if

applicable; and
Barangay protection order (BPO), if any.

In case where the victim is a minor, the


inquest prosecutor shall require the
submission of the following:
Birth certificate; or
Dental chart accompanied by a certification
from the dentist; or
Affidavits of any of the parent/disinterested
parties;
certificate of discernment from the LSWD in
cases covered By RA 9344 (the Juvenile Justice
and Welfare Act)

COMMENCEMENT OF THE INQUEST


PROCEEDINGS
3. Incomplete Documents

When the documents presented are not complete


to establish probable cause, the inquest
prosecutor shall direct the law enforcement
authorities to submit in the proper form, the
required evidence within the period prescribed
under the provisions of Article 125 of the Revised
Penal Code, as amended. Failure to submit the
required evidence within the periods prescribed
shall constrain the inquest prosecutor to order
the release of the detained person.

COMMENCEMENT OF THE INQUEST


PROCEEDINGS

4. Instances Where the Presence of the Detained


Person is Dispensed With
The presence of the detained person who is
under custody shall be ensured during the
proceedings. His presence may, however, be
dispensed wit h in the following cases:

COMMENCEMENT OF THE INQUEST


PROCEEDINGS

If he is confined in a hospital;

If he is detained in a place under


maximum security
If production of the detained person will
involve security risks

COMMENCEMENT OF THE INQUEST


PROCEEDINGS

The absence of the detained person for any


of the foregoing reasons shall be noted by
the inquest prosecutor and reflected in the
record of the case.
If the presence of the detained person is not
feasible

INQUEST
1. Starts when prosecutor receives the affidavit of
arrest, investigators report, and sworn statements
of complainant and witnesses. If possible, death
certificate and autopsy report should also be
submitted.
2. Inquest Prosecutor then determines legality of
warrantless arrest.

If unlawful recommends release; but may, if


evidence warrants, recommend a preliminary
investigation.
If so, must serve subpoena/notice of P.I. and copies
of charge sheet/complaint and supporting affidavits
and other evidence.

If lawful
Ask if detainee wants to avail of P.I.
If so, consequences must be adequately
explained to detainee in language or dialect
known to him/her.

The detainee, with assistance of counsel of his own


choice, must then be asked if s/he is willing to waive
Article 125, RPC.
If the detainee has no counsel, the Inquest
Prosecutor shall exert efforts to coordinate with the
Public Attorney's Office in his area to ensure that the
rights of the arrested/detained person are amply
protected.

MEANING OF PROBABLE CAUSE IN


INQUEST CASES

PROBABLE CAUSE means an actual belief or


reasonable grounds of suspicion (People vs.
Tudtud, GR No.144037, Sept. 26,2003) that the
person to be arrested is about to commit or is
attempting to commit a crime, or is in the act of
committing a crime, or has committed a crime,
either in the presence or without the presence
of the arresting officer.

WHERE ARREST OF THE DETAINED PERSON


WAS NOT PROPERLY EFFECTED

Should the inquest prosecutor find that the arrest


was not made in accordance with the aforesaid
provisions of the Revised Rules on Criminal
Procedure, he shall:
Recommend the release of the person arrested or
detained;
Prepare a resolution indicating the reasons for
the action taken; and
Forward the same, together with the record of
the case, to the Chief State or Provincial/City
Prosecutor for appropriate action.

WHERE ARREST OF THE DETAINED PERSON


WAS NOT PROPERLY EFFECTED

Where the recommendation for the release of the


detained person is approved by the Chief State
Prosecutor or by the Provincial/City but the
evidence on hand warrants the conduct of a
regular preliminary investigation, the inquest
prosecutor shall:
Serve the order of release on the law
enforcement officer having custody of said
detainee; and

WHERE ARREST OF THE DETAINED PERSON


WAS NOT PROPERLY EFFECTED

Direct the said officer to serve upon the


detainee the subpoena or notice of
preliminary investigation, together with the
copies of the charge sheet or complaint,
affidavits or sworn statements of the
complainant and his witnesses and other
supporting evidence.

WHERE THE ARREST OF TH DETAINED


PERSON WAS PROPERLY EFFECTED

Should the inquest prosecutor find that the


arrest was properly effected, the detained
person shall be asked if he desires to avail
himself of a preliminary investigation and, if
he does, the consequences thereof must be
explained to him adequately.

WHERE THE ARREST OF TH DETAINED


PERSON WAS PROPERLY EFFECTED

The detained person, with the assistance of a


lawyer of his own choice, shall then be made
to execute a waiver of the provisions of Article
125 of the Revised Penal Code, as amended.

WHERE THE ARREST OF TH DETAINED


PERSON WAS PROPERLY EFFECTED

The preliminary investigation may be


conducted by the inquest prosecutor himself
or by any other prosecutor to whom the case
may be assigned by the Chief State Prosecutor
or Provincial/City Prosecutor, which
investigation shall be terminated within
fifteen (15) days from its inception.

ACTIONS TO BE TAKEN WHEN THERE IS AN


ABSENCE OF PROBABLE CAUSE

If the inquest prosecutor finds no probable


cause to indict the arrested/detained person,
he shall:
a) Recommend the release of the arrested or

detained person;

ACTIONS TO BE TAKEN WHEN THERE IS AN


ABSENCE OF PROBABLE CAUSE

b) Prepare a resolution of dismissal indicating


therein the reasons for the action taken; and
c) Forthwith forward the record of the case to
the Chief State Prosecutor of the
Provincial/City Prosecutor for appropriate
action

ACTIONS TO BE TAKEN WHEN THERE IS AN


ABSENCE OF PROBABLE CAUSE

When the Chief State Prosecutor or the


Provincial/City Prosecutor sustains the
recommendation of the inquest prosecutor for
the dismissal of the complaint, the record of
the case shall forthwith be forwarded to the
Office of the Secretary or the Office of the
Regional Prosecutor as the case maybe, for
automatic review.

TERMINATION OF INQUEST PROCEEDINGS

The inquest proceedings must be terminated


within the period prescribed under the
provisions of Article 125 of the Revised Penal
Code, as amended.
12 hours for light offenses;
18 hours for less grave offenses;
36 hours for grave offenses counted from the
time of arrest.

TERMINATION OF INQUEST PROCEEDINGS

The period prescribed in Article 125 of the


Revised Penal Code shall not be applicable
when the persons arrested/detained without
the benefit of a warrant of arrest issued by the
court are children defined under Republic Act
No. 9344, otherwise known as the Juvenile
Justice and Welfare Act of 2006

DEPOSIT OF RECOVERED
ARTICLES/PROPERTIES

The articles shall be properly


deposited by the police investigator
with the police evidence custodian.

Closing Statement
The Bill of Rights was not designed to be a
shelter for criminals, but to protect all
persons equally and must be applied without
fear or favor.

Closing Statement
To you law enforcement officers, these rules are
aimed to remind and guide you so that you may not
fall into some shortcuts for the sake of convenience
and expediency which could militate against our
achievement of the prevention, detection and
ultimate prosecution and conviction of criminal
elements.

WE MUST NOT IN THE


NAME OF THE LAW
BREAK THE LAW TO
ENFORCE THE LAW

THANK YOU