Inquest Proceedings

• 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

• All offenses covered under the Revised Penal Code

and special laws, rules and regulations.
• Where respondent is a minor, 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 Law.
Date and Time of the Conduct of
Inquest Proceedings
• In Inquest proceedings may be conducted at any
time of the week. However, where inquest falls
on a non-working day, Saturday, Sunday, of
holiday, and a prosecutor is not available, the
inquest proceedings shall be conducted on the
first day following the arrest (Medina vs. Orozco,
Jr. 18 SCRA 1168).
Commencement of the Inquest
Proceedings

• The inquest proceedings shall be considered

commenced upon receipt by the inquest
prosecutor of the following documents:
•
• 1. The affidavit of arrest duly subscribed and
sworn to before him by the arresting officer
•
• 2. The investigation report
• 3. The sworn statements of all of the
complainants and witnesses

• Other supporting pieces of evidence gathered by

the police in the course of the latter's
investigation of the criminal incident involving
the arrested or detained person.
Documents Required in Specific
Cases
• Murder, Homicide and Parricide
• Certified true/machine copy of the certificate of death of
the victim

• Autopsy report and certificate of post-mortem

examination, if available

• marriage/birth certificate in parricide cases

Frustrated or Attempted Homicide,
Murder, Parricide and Physical
Injuries
• medical certificate of the complaining witness showing
the nature or extent of the injury and duration of healing
• certification/statement as to the duration of the
treatment or medical attendance
• certificate/statement as to the duration of incapacity for
work
• marriage/birth certificate in attempted and frustrated
Parricide
Violation of R. A. 9165

• 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 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 prosecutor's
office within five (5) days from date of inquest
• machine copy or photograph of the buy-bust money if
available

• affidavit of the posseur-buyer, if any

Theft Robbery Violation of Anti-
Piracy and Anti-Highway Robbery
Law (PD 532) and Violation of the
Anti-Fencing Law (PD 1612)
• list of inventory if articles and items subject of the
offense

• statement of their respective value

Violation of Anti-Carnapping Law (RA
6539)
• machine copy of the CR

• machine copy of the OR

• Photograph of the vehicle, if available

• certification fro TMG/LTO

• other proof of ownership

Violation of the Anti-Cattle Rustling
Law (PD 533)
• machine copy of the cattle certificate of registration

• photograph of the cattle, if available

Violation of Anti-Gambling Law (PD
1602)
• gambling paraphernalia

• photograph of gambling paraphernalia

• cash money, if any

Illegal Possession of Firearm, etc.
(PD 1866, as amended by R. A. 8294)
• chemistry report duly signed by the forensic
chemist

• photograph of explosives, if any

• ballistics report, if readily available

Violation of Fisheries Law (PD 704)

• photograph of the confiscated fish, if readily available

• photograph of fishing paraphernalia

• certification of the Bureau of Fisheries and Aquatic

Resources
Violation of R. A. 9262 (VAWC)

• marriage contract/certificate

• affidavit/evidence of “dating relationship”, if applicable

• Barangay Protection Order

In case where the victim/offender is a
minor, the inquest prosecutor shall
require the submission of the
following:
• birth certificate

• dental chart accompanied by a certification from the

dentist

• affidavits of any parent/disinterested parties

• certificate of discernment from LSWD in cases covered

by R. A. 9344 (Juvenile Justice and Welfare Act)
Presence of the Detained Person
• The presence of the detained person who is under
custody shall be ensured during the proceedings.
His presence may, however, be dispensed with in
the following cases :

• 1. If he is confined in a hospital

• 2. If he is detained in a place under maximum

security

• 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.
Determination of the Arrest by the
Inquest Prosecutor
• The inquest prosecutor shall first determine if
the arrest of the detained person was made in
accordance with paragraphs (a), (b), and (c) of
Section 5, Rule 113 of the Revised Rules on
Criminal Procedure Which provides that arrests
without warrant may be effected (People vs.
Aminnudin, 163 SCRA 402 (1998):
• 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
• When an offense has in fact just been
committed, and the arresting officer has
probable cause to believe, based on personal
knowledge of facts or circumstances, that the
person to be arrested has committed it
• When the person to be arrested is a prisoner
who has escaped from a penal establishment or
place where he is serving final judgment or is
temporarily confined while his case is pending,
or has escaped while being transferred from one
confinement to another.
•
• For this purpose, the inquest prosecutor may
summarily examine the arresting officer on the
circumstances surrounding the arrest or
apprehension of the detained person.
•