CHAPTER III 3.1.5.
Date and Time of the Conduct of Inquest
INQUEST PROCEEDINGS
Section 3.2. Procedure. – All complaints for inquest shall be
Section 3.1. General Principles –
received and docketed by the prosecution office concerned.
3.1.1. Concept. – An inquest proceeding 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 these persons should
remain under custody and correspondingly be charged in court.
3.1.2. Coverage. – The conduct of inquest proceedings
covers the following:
a. All offenses covered under the Revised Penal Code and
special laws, rules and regulations which requires a
preliminary investigation;
b. Where respondent is a minor (below eighteen [18] years
old), the inquest proceedings 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).
3.1.3. Designation of an Inquest Prosecutor. – The
Prosecutor General or the Provincial/City Prosecutor shall
designate the prosecutors assigned to inquest duties and their
schedule of assignments.
3.1.4. Venue of Inquest Cases. – Unless otherwise directed
by the Prosecutor General or the Provincial/City Prosecutor,
those assigned to inquest duties shall discharge their functions
during the hours of their designated assignments at the office
of the inquest prosecutor in order to expedite and facilitate the
disposition of inquest cases, unless otherwise directed by the
Head of Office.
Revised Manual for Prosecutors Volume 1 - 2017 Edition 7 8
Proceedings. – Inquest proceedings shall be conducted during
regular office hours, or on such time as the circumstances so
require.
3.2.1. Commencement. – The inquest proceedings shall be
considered commenced upon receipt by the inquest prosecutor of
the following documents:
a. Affidavit of arrest duly subscribed and sworn to
before him/her by the arresting officer;
b. Investigation report;
c. Sworn statements of the complainant/s and
witness/es; and
d. Other supporting pieces of evidence gathered by
the law enforcement authorities in the course of
their investigation.
3.2.2. Incomplete Documents. – When the documents
presented are incomplete 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 prescribed period shall constrain the inquest
prosecutor to order the release of the detained person/s.
3.2.3. Instances Where the Presence of the Detained
Person is Dispensed With. – The presence of the detained
person shall be ensured during the proceedings except in the
following cases:
a. If he is confined in a hospital; or
b. If he is detained in a place under maximum security.
The inquest prosecutor shall reflect the absence of the detained
person for any of the foregoing reasons in the record of the case.
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 3.2.4. Charges and Counter-Charges. – All charges
and counter-charges arising from the same incident shall, as
far as practicable, be jointly investigated and the conduct of the
inquest proceedings be terminated, and be referred for further
preliminary investigation.
3.2.5. 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
any of the following:
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;
b. 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;
c. 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 officers on the circumstances surrounding the arrest
or apprehension of the detained person.
3.2.6. Where the Arrest of the Detained Person was
Properly Effected. – Should the inquest prosecutor find that
the arrest was properly effected, the detained person shall be
asked if he/she desires to avail himself/herself of a preliminary
investigation and, if he/she does, the consequences thereof must
be explained to him/her adequately.
The detained person must be assisted by a lawyer of his/her own
choice. If he/she has none, the inquest prosecutor shall provide
him/her the services of a public attorney.
The detained person, assisted by his/her lawyer, shall then be
Revised Manual for Prosecutors Volume 1 - 2017 Edition
made to execute a waiver of the provisions of Article 125 of the
Revised Penal Code, as amended.
The preliminary investigation may be conducted by the inquest
prosecutor himself/herself or by any other prosecutor to whom the
case may be assigned by the Prosecutor General or the Provincial/
City Prosecutor, which investigation shall be terminated within
fifteen (15) days from its commencement.
3.2.7. 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 of Criminal Procedure, he shall:
a. Recommend the release of the person arrested or
detained;
b. Prepare a resolution indicating the reasons for the
action taken; and
c. Forward the same, together with the record of the
case, to the Prosecutor General or Provincial/City
Prosecutor for their appropriate action.
3.2.8. Release of Detained Person for Further
Investigation. – Where the recommendation for the release
of the detained person is approved by the Prosecutor General
or by the Provincial/City Prosecutor, but the evidence on hand
warrants the conduct of a regular preliminary investigation, the
inquest prosecutor shall:
a. Serve the order of release on the law enforcement
officer having custody of the detainee; and
b. 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/her witnesses and other
supporting evidence.
Section 3.3. Inquest Proper. – Where the detained person does
not opt for a preliminary investigation or otherwise refuses to execute
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the required waiver, the inquest prosecutor shall proceed with the 3.3.2. Action to be Taken When There is an Absence of
conduct of the inquest proceeding by examining the sworn statements/ Probable Cause. – If the inquest prosecutor finds no probable
affidavits of the complainant and the witnesses and other supporting cause to indict the arrested/detained person, he/she shall:
evidence submitted. The conduct of an inquest proceeding should never
be initiated in the absence of an affidavit of arrest. a. Recommend the release of the arrested or detained
person;
If necessary, the inquest prosecutor shall require the presence of the
complaining witnesses and subject this witness to an informal and b. Prepare a resolution of dismissal indicating therein
summary investigation or examination for the purposes of determining the reason/s for the action taken; and
the existence of probable cause.
c. Forward the record of the case to the Prosecutor
3.3.1. Action to be Taken When there is a finding General or the Provincial/City Prosecutor for their
of Probable Cause. – Probable cause has been defined as appropriate action.
the existence of such facts and circumstances as would excite
the belief, in a reasonable mind, acting on the facts within the 3.3.3. Action to be Taken When the Arrested Person
knowledge of the prosecutor, that the person charged was guilty Executes a Waiver of Article 125 of the Revised Penal
of the crime for which he/she was prosecuted. Probable cause is Code. – Should the arrested person execute a waiver, the inquest
a reasonable ground of presumption that a matter is, or may be, prosecutor shall set the case for preliminary investigation which
well-founded, such a state of facts in the mind of the prosecutor as shall be terminated within fifteen (15) days from the execution of
would lead a person of ordinary caution and prudence to believe, the waiver.
or entertain an honest or strong suspicion, that a thing is so.9
3.3.4. Contents of the Information. – The Information
If the inquest prosecutor finds that probable cause exists, he/she shall, among others, contain:
shall forthwith prepare the resolution with the corresponding
a. A certification by the inquest prosecutor that he/she
Complaint/Information with the recommendation that the same
be filed in court. The Complaint/Information shall indicate the is filing the same in accordance with the provisions
offense/s committed and the amount of bail recommended, if of Section 6, Rule 112, Revised Rules of Criminal
applicable. However, in inquest cases for crimes covered by the Procedure in cases cognizable by the Regional Trial
Rules on Summary Procedure and Republic Act No. 603610 where Court;
no bail is required, the inquest prosecutor shall recommend the b. The full name and aliases, if any, of the accused;
release of the arrested person and prepare the Information for
filing with the court. c. Unidentified accused person/s designated as “John/
Jane Does”, if he/she is in conspiracy with the
Thereafter, the record of the case, together with the resolution and identified accused;
the Complaint/Information, shall be forwarded to the Prosecutor d. The address of the accused;
General or the Provincial/City Prosecutor for approval and
e. The place where the accused is actually detained;
subsequent filing before the proper Court.
f. The full names and addresses of the complainant and
witnesses;
g. Description of the items subject matter of the
9
R.R. Paredes v. Calilung, G.R. No. 156055, March 5, 2007.
Republic Act No. 6036, otherwise known as “An Act Providing that Bail Shall Not, with certain
10 complaint, if any;
exceptions, be Required in cases of Violations of Municipal or City Ordinances and in Criminal h. The full name and address of the evidence custodian;
Offenses When the Prescribed Penalty for Such Offenses is Not Higher Than Arresto Mayor and/
or a Fine of Two Thousand Pesos or Both” (See Appendix E)

Revised Manual for Prosecutors Volume 1 - 2017 Edition 11 12 Revised Manual for Prosecutors Volume 1 - 2017 Edition
 i. The age of the complainant or the accused, if below
eighteen (18) years of age.
j. The full names and addresses of the parents,
custodians or guardians of the minor complainant or
accused, as the case may be; and
k. Attendance of aggravating and/or qualifying
circumstances, if any.
3.3.5. Delegation of Authority to Approve
Information. — Pursuant to Section 4, Rule 112 of the 2000
Revised Rules of Criminal Procedure, no complaint or information
may be filed or dismissed by an investigating prosecutor without
the prior written authority or approval of the Prosecutor General
or Provincial/City Prosecutor.
However, the Prosecutor General or Provincial/City Prosecutor
may delegate in writing his/her authority to his/her subordinates
as he/she may deem necessary in the interest of the prosecution
service.
3.3.6. Posting of Bail by the Arrested/Detained
Person. – Please refer to Section 5, Chapter VI on BAIL.
Section 3.4. Termination of Inquest Proceedings. – The
inquest proceedings must be terminated within the period prescribed,
which shall be counted from the time of arrest, under the provisions of
Article 125 of the Revised Penal Code, as amended:
a. Twelve (12) hours for light offenses;
b. Eighteen (18) hours for less grave offenses;
c. Thirty-six (36) hours for grave offenses; and
d. Seventy–two (72) hours in cases of violation of Human
Security Act.
3.4.1. Factors to be considered in determining
whether or not Article 125 of the Revised Penal Code
has been violated. —
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a. The means of communication
b. The hour of the arrest
c. Other circumstances such as:
i. Time of surrender; and
ii. Material possibility for the prosecution to
make the investigation and file in time the
corresponding Information because of the
following reasons:
• Availability of the clerk of court to open the
courthouse, docket the case and have the order
of commitment prepared; or
• Availability of the judge to act on the case; or
• The fact that government offices open for business
transactions at 8:00 o’clock in the morning and
close at 5:00 o’clock in the afternoon.
3.4.2. Applicability of the period prescribed in Article
125 of the Revised Penal Code. – 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.”11
3.4.3. For Dismissed Cases Subject for Automatic
Review by the Secretary of Justice. – The record of the
dismissed cases involving violation of Anti–Smuggling Laws
shall be forwarded to the Office of the Secretary of Justice for
automatic review. The inquest prosecutor shall prepare an Order
for the release of the arrested/detained person, for approval of
the Prosecutor General or Provincial/City Prosecutor.12
For violations of R.A. No. 9165, the entire records of the case shall
11
Department Circular No. 39 s. 2007 on the “Rules on Inquest with Respect to Children in Conflict
with the Law as defined Under Republic Act No. 9344, Otherwise Known as the “Juvenile Justice
and Welfare Act of 2006” (See Appendix B).
12
DOJ Circular No. 38, s. 2010 on “Automatic Review of Anti-Smuggling Cases” (See Appendix C)
14 Revised Manual for Prosecutors Volume 1 - 2017 Edition
 be elevated to the Secretary of Justice within three (3) days from
issuance of the resolution dismissing the complaint or appeal, as
applicable, and the parties involved shall be notified accordingly.
Notwithstanding the automatic review, respondent shall be
immediately released from detention unless detained for other
causes.13
Section 3.5. Other Matters. –
3.5.1. Presence of the Inquest Prosecutor at the
Crime Scene. – Whenever a dead body is found by the law
enforcement authorities and there is reason to believe that the
death of the person resulted in foul play, or from the unlawful
acts or omissions of other persons and such fact has been brought
to the law enforcement’s attention, the Inquest Prosecutor shall:
a. Proceed to the crime scene or place of discovery of
the dead person;
b. Cause the immediate autopsy of the dead person to
be conducted by the appropriate medico-legal officer
in the locality or the PNP medico legal division or
the NBI medico-legal office, as the case may be;
c. Direct the police investigator to cause the taking of
photographs of the crime scene or place of discovery
of the dead body;
d. Supervise the crime scene investigation to be
conducted by the police authorities as well as the
recovery of all articles and pieces of evidence found
thereat; to see to it that the same are safeguarded;
and that the chain of the custody thereof be properly
recorded; and
e. Submit a written report of his/her finding to the
Prosecutor General or the Provincial/City Prosecutor
as the case may be for appropriate action.
DOJ Circular No. 004, s. 2017 on Automatic Review of Dismissed Cases Involving Republic Act
13
No. 9165 (See Appendix D)
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3.5.2. Sandiganbayan Cases. – Should any complaint
cognizable by the Sandiganbayan be referred to the Office of the
Prosecutor General or City/Provincial Office for the conduct of
inquest proceedings, the latter shall refrain from accepting the
same and shall advise the law enforcer to file the complaint
before the Office of the Ombudsman or the Office of the Special
Prosecutor through any of the branch clerk of court in the locality.
3.5.3. Recovered Articles. –
3.5.3.1. Responsibility of the Inquest Prosecutor.
– The inquest prosecutor shall:
a. Conduct physical inventory of all the articles
recovered by the law enforcement authorities
from the arrested/detained person;
b. Make sure that the corresponding photographs
of the recovered articles are taken and attached
to the record of the case; and
c. Make sure that the items recovered are duly
safeguarded by the law enforcer and the chain
of custody is properly recorded.
3.5.3.2. Deposit of Recovered Articles/
Properties. – The recovered articles shall be properly
deposited by the law enforcement officer with their
evidence custodian.
3.5.3.3. Release of Recovered Articles. – The inquest
prosecutor shall, with the prior approval of the Prosecutor
General or the Provincial/City Prosecutor, and subject to
applicable laws, order the release of recovered articles to
their lawful owner or possessor, subject to the conditions
that:
a. There is a written request for their release;
b. The person requesting the release of said articles
is shown to be the lawful owner or possessor
thereof;
15 16 Revised Manual for Prosecutors Volume 1 - 2017 Edition
 c. The requesting party undertakes under oath to
produce said articles before the court when so
required;

d. The requesting party, if he/she is a material witness

to the case, affirms or reaffirms his/her statement
concerning the case and undertakes under oath
to appear and testify before the court when so
required;

e. The recovered articles are not the instruments, or

tools in the commission of the offense charged nor
the proceeds thereof; and

f. Photographs of the recovered articles are first

taken and duly certified to by the police evidence
custodian as accurately representing the evidence
in his custody.

Section 3.6. Relevant Jurisprudence. –

a. In warrantless arrests made pursuant to Section 5(b) of

Revised Rules of Criminal Procedure, it is essential that
the element of personal knowledge must be coupled with
the element of immediacy; otherwise, the arrest may be
nullified, and resultantly, the items yielded through the
search incidental thereto will be rendered inadmissible
in consonance with the exclusionary rule of the 1987
Constitution.

In Pestilos v. Generoso, G.R. No. 182601 (November 10,

2014), the Supreme Court explained the requirement of
immediacy as follows:

Based on these discussions, it appears that the Court’s

appreciation of the elements that “the offense has just
been committed” and “personal knowledge of facts and
circumstances that the person to be arrested committed
it” depended on the particular circumstances of the case.
However, we note that the element of “personal knowledge
of facts or circumstance” under Section 5(b), Rule 113 of the
Revised Rules of Criminal Procedure requires clarification.

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