INSTITUTE OF CRIMINAL JUSTICE AND LAW ENFORCEMENT

NAME: __________________________________________ Date: __________________

SUBJECT: INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

TOPIC: Prosecution Pillar
ACTIVITY 2: Preliminary Investigation and Inquest Proceedings
At the end of the lesson, the students are expected to:
● appreciate the importance of preliminary investigation.
● differentiate preliminary investigation and inquest proceedings
PRELIMINARY INVESTIGATION and INQUEST PROCEEDINGS

If a person is arrested, what is the purpose of delivering him to the nearest police
station or jail and detaining him in that place?
It depends. If the arrest is with warrant, the arrested person must be detained for him
to face the case that is already filed against him or to serve his sentence if he is
already convicted. However, if the arrest is without warrant, he must be detained to
undergo an inquest proceeding or preliminary investigation.

Inquest proceeding is a proceeding done by the inquest prosecutor to determine the

validity of the arrest. This is very summary in nature which may be done by an informal
interview with the arresting officer and/or the arrested person.

A preliminary investigation is an inquiry held for the purpose of ascertaining

whether or not probable cause is present. It is intended to secure the innocent
against hasty, malicious and oppressive prosecution and to protect him from an
open and public accusation of crime. It is further intended to protect the State
from useless and expensive trial.
It is required when the imposable penalty for the crime charged is at least 4 years,
2 months, and 1-day (4:2:1) imprisonment without regard to the fine.

What is probable cause?

Probable cause is the existence of sufficient ground to engender a well-founded
belief that:
a) A crime has been committed; and
b) The respondent is probably guilty thereof.

Who may conduct preliminary investigation?

Any of the following may conduct preliminary investigation:
1. Provincial or city prosecutor and their assistants;
2. National and Regional state prosecutors; and
3. Other officers as may be authorized by law. (Sec 2, Rule 112 of the Rules of
Court)

ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. Read the procedure in conducting a preliminary investigation. Make a
diagram showing the step by step procedures undertaken by the prosecutor.