Electronic/online Inquest (E-Inquest) and new procedure in preliminary

investigation before the Prosecutor’s office

The Department of Justice Office Order on Electronic Inquest Proceeding (E-Inquest)

took effect on 27 March 2020, and applies to Prosecutor's Offices in the National Capital
Region (NCR). The issuance is adopted for the duration of the public health emergency
caused by COVID-19.

General Rules:

1. E-inquest is the virtual conduct of inquest proceedings using any online platform
for video calls and conferences and all available electronic communication. It is
paperless and does not require physical presence of parties in the same area.

2. The conduct of e-inquest is only an alternative to the conduct of the standard

inquest proceedings for internet-capable Offices.

3. It is optional and may be availed by the City Prosecutors after crafting their own
specific guidelines similar to and consistent with the general procedures herein
provided.

4. These general rules and all other specific guidelines that will soon be adopted by
the City Prosecutors shall be temporary and applicable only during the period of
the public health emergency.

General Procedure:

1. The Law Enforcement Authorities (LEA) shall coordinate with the point persons
of the Docket Section/Records Section of the Office prior to filling the complaint
for the conduct of e-inquest.

2. The City Prosecutor shall provide the Law Enforcement Authorities with the
names and contact details (landline number, mobile number, and email address)
of the point persons for purposes of e-inquest, and shall also give notice to the
public by posting said persons' name and contact details at a conspicuous place
in the Office.

3. The Point Person shall give instructions to the Law Enforcement Authorities and
shall require them to forward the required scanned documents, i.e. investigation
data sheet, referral letter, complaint affidavits, affidavit of arrest, etc., in PDF
format or any non-editable format, to the email address of the Office for purposes
of e-inquest.
4. Upon receipt of the required scanned documents, the Point Person shall refer to
the compliant, via call, text, or email, to the Inquest Chief, Head of Division, or
City Prosecutor, for selection or designation of inquest prosecutor who will
conduct the e-inquest. Thereafter, the Point Person shall assign a docket number
to the complaint, send the scanned documents to the inquest prosecutor via
email.

5. The Point Person shall coordinate with the respondent's counsel who will assist
the respondent during e-inquest. The scanned documents shall also be
forwarded to the counsel via electronic means.

6. With the go-signal of the inquest prosecutor, the Point Person shall initiate the
online video call or conference among the Law Enforcement Authorities, private
complainant (if applicable), inquest prosecutor, and respondent's counsel.

7. The inquest prosecutor, upon receipt of the video call or conference, shall
conduct the e-inquest following the usual procedure and practice. The inquest
prosecutor shall:
a) Ensure the attendance of the parties and verify their identities.

b) Record all relevant events and narration in the minutes.

c) Administer the oath or affirmation, without prejudice to the subsequent

personal taking thereof after the duration of the public health emergency
and enhanced community quarantine. If not possible, the oath
administered by the Law Enforcement Authorities authorized to
administer oaths shall suffice for this purpose, consistent with Section 3,
Rule 112 of the Revised Rules of Criminal Procedure.

d) Require the Law Enforcement Authorities to facilitate the execution of

waiver of Article 125 of the Revised Penal Code, when the respondent
avails of his right to Revised Penal Code, when the respondent avails of
his right to a regular preliminary investigation. The scanned copy of the
waiver signed by the respondent and his counsel shall be transmitted by
the Law Enforcement Authorities to the inquest prosecutor via email. If
the respondent and/or his counsel refuse/s to sign the waiver, the e-
inquest shall be deemed terminated and submitted for resolution.

8. Upon termination of the e-inquest, the inquest prosecutor shall prepare the draft
inquest resolution and/or information with his electronic/scanned signature
affixed thereto, and shall submit the same via email and in PDF format or any
non-editable format, to the Inquest Chief, or Head of Division, if applicable, who
 shall recommend approval of the inquest resolution and/or information, or directly
to the City Prosecutor or another prosecutor with approving authority.

9. The Inquest Chief or Head of Division, if there is one, upon receipt of the emailed
draft resolution and/or information shall review the same, and direct the inquest
prosecutor to finalize and resend it to him for his electronic/scanned signature.
Thereafter, the Inquest Chief or Head of Division shall forward via email the
finalized inquest resolution, in PDF format or any non-editable format, to the City
Prosecutor for approval.

10. If there is no Inquest Chief or Head of Division, the City Prosecutor or the
approving authority shall review and ask for the revisions of the draft inquest
resolution and/or information so that the finalized one would be returned to him
for his electronic/scanned signature.

11. The City Prosecutor or the approving authority, after receiving the emailed
finalized inquest resolution and/or information, shall approve or disapprove the
same. If the inquest resolution is for approval, the City Prosecutor or the
approving authority shall affix his electronic/scanned signature to the inquest
resolution and/or information. Otherwise, the City Prosecutor or the approving
authority shall prepare a review resolution with his signature affixed thereto.

12. The approved inquest resolution and/or information shall be forwarded by the
City Prosecutor or the approving authority to the Point Persons who shall file the
information in court in accordance with the Supreme Court's Administrative
Order No. 32-2020, in case of filing, or forward the approved inquest resolution
and release order via email, to the Law Enforcement Authorities, respondent, and
his counsel, in case of dismissal and Release for Further Investigation.

13. In case of Release for Further Investigation, the inquest prosecutor shall hold the
conduct of the preliminary investigation, and shall inform the parties, via email,
that the preliminary investigation is suspended during the period of then public
health emergency.

14. When the public health emergency is lifted, the Point Persons shall require the
Law Enforcement Authorities to submit the complete hard copies of all the
documents pertinent to the e-inquest.