TOPIC 9

Prosecution Pillar
Preliminary Investigation and Inquest Proceedings

OBJECTIVES:
At the end of the lesson, the students are expected to:
● appreciate the importance of preliminary investigation.
● differentiate preliminary investigation and inquest proceedings

INTSTRUCTIONAL MATERIALS
Law Enforcement Pillar handouts and power point
● Additional Readings: Procedure in conducting preliminary investigation by the investigating
prosecutor

DURATION: 1 hour and 30 minutes

TEACHING-LEARNING ACTIVITY/LESSON PROPER

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. (Timpac, 2007)

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)

NAME: _________________________________________ Score: ____________

Year & Section: __________________________________ Date: ____________
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.

Activity 2. Read the difference between reasonable suspicion and probable cause. Provide examples for
each.

Terminology Definition Example Source/s

1. Reasonable
Suspicion

2. Probable
Cause