Crimso 3 Midterm Reviewer

THE 1ST PILLAR: LAW ENFORCEMENT

INTRODUCTION:

The Philippines, like other nations of the world, has various law enforcement agencies to police the
officers of the government. There are as many law enforcement agencies as there are offices of the
government.

THE PHILIPPINE NATIONAL POLICE

Police defined: -

As an individual = This refers to those who were tasked to protect life, liberty and property of the
people, prevent the existence of crime, apprehend offenders and are known as the front liners of the
CJS.

As to agency = Is one created under the Constitution forming part of the executive department in
charge in apprehending offenders and to execute the law.

Note: Execute means to enforce the law and not to determine whether the accused is guilty or not.

Policeman = An agent of person in authority endowed by law to enforce the law. Symbolically, he is the
law.

KINDS OF POLICEMEN

1. Traditional policeman

 A policeman walking in uniform performing patrol work, walking constantly and alertly,
observing persons and things to accomplish crime prevention mission.  The best public
servants who serve the public instead of dominating them
 The years of receptive policing when the police received and welcomed the presence of the
police assigned in their neighborhood to maintain order and security, instead of imposing
purelylaw enforcement action.
 The years when every policeman was a good, friendly, trustworthy officers of the law.  The
years when only few rotten mangoes can be found in a basket.
 The idealist, ideal, a lover of wisdom, who gives meaning to his duty in terms of truth,goodness
and beauty.
2. Contemporary policeman

 The materialistic, arrogant, college educated agent of person in authority whose insights of
public service is for the public to serve him as his source of extra income.
 At the start of his duty, he reflects not on his work, but on his prospective extra income for the
day, constantly probing, looking deeper not on the nature of things, but into the pockets of his
prospective victims. “You name it, the POLICE is in it.”

* Police Corruption is the Use of the Police Position for Personal Gain *

“THE BLUE WALL OF SILENCE.” Police officers who know of wrongdoing by other police will not take
action against them or provide information against them to investigators because of two things:

1. Police mistrust their superiors and bear being given disproportionately harsh punishment to set an
example or to alleviate political pressure on their administrators.

2. They fear alienating their brother and sister officers, upon whom they depend for back up assistance
in dangerous situations. To the public, it appears that “ the police protect their own” even against
legitimate grievances and complaints of the community.*

THEORIES OF POLICE SERVICE

1. Home Rule Theory

 Policemen are regarded as servants of the community, who rely for the efficiency of their
functions upon the express needs of the people
 Policemen are civil servants whose key duty is the preservation of the public peace and security

2. Continental Theory

 Policemen are regarded as state or servants of the higher authorities

 The people have no share or have little participation with the duties nor connection with the
police organization

CONCEPT OF POLICE SERVICE

1. Old Concept

 Police service gives the impression of being merely a suppressive machinery.  This philosophy
advocates that the measurement of police competence is the increasing number of arrest,
throwing offenders in detention facilities rather than trying to prevent them from committing
crimes.
 The yardstick of efficiency of the police is more arrest
2. Modern Concept

 Regards police as the first line of defense of the criminal justice system, an organ of crime
prevention.
 Police efficiency is measured by the decreasing number of crimes
 Broadens police activities to cater to social services and has for its mission the welfare of
theindividual as well as that of the community in general  The yardstick of efficiency of the
police is the absence of crime

The primary law creating the PNP

- Article XVII, sec 6 of the 1987 constitution provides that “the state shall establish and maintain one
police force which shall be national in scope and civilian in character, to be administered and
controlled by the National Police Commission. The authority of the local executives over the police
units in their jurisdiction shall be provided by law.”

- Implementing this law is RA 6975 known as the law creating the Department of Interior and Local
Government. Chapter III thereof deals with the establishment of the PNP Organization which was
amended by RA 8551 known as the PNP Reform and Reorganization Act of 1998 and further amended
by RA9708 which extended the reglementary period in obtaining a Baccalaureate Degree.

Power and Function of the PNP

In the performance of police functions and duties, the police must exercise discretion.

Discretion defined:

It is the wise use of one’s judgment, personal experience and common sense to decide a particular
situation.

Why are the police allowed to use discretion?

The police are decision makers and most of their decision are based on discretion. Apparently, the police
exercise of discretion is unregulated as US Chief justice Warren and Burger puts it, “No lawbook, no
judge, no lawyer can readily tell how the policeman on beat should appropriately and courteously
exercise the same in this various day to day activities whatever they do is their responsibility.”

“DAMMED IF THEY SHOOT, DEAD IF THEY DON’T”

Problems Arising from Unregulated Discretion

1. It lacks uniformity for implementation

2. It may be discriminatory

3. It foster police corruption in victimless crimes

4. It converts the law into personal instrument of social control through the so-called sidewalk justice

FUNCTIONS OF LAW ENFORCEMENT

1. Enforce all Laws and Ordinance Relative to the Protection of Lives and Properties.

a. Enforcement of Laws and Ordinances and Regulation of Non – Criminal Conduct. This requires a
policeman to constructively integrate or enforce and implement the laws of the land as well as local
ordinances without regard to the personal circumstances of the individual citizensm and any other
persons sojourning in the Philippines, in order to provide the tranquility among members of the society.

“Enforcing the law” by apprehending criminals after crimes occur is an important part in police work,
but it is only one element of the law enforcement mission. Far more than confronting so-called

“Master criminals,” the police are likely to deal with crimes committed by people who are drunk,
depressed, mentally ill, or simply overwhelmed by life stresses.

This also includes the regulation of non – criminal conduct in order to obtain the compliance of the
public through education and the dangers inherent to the disobedience of regulations. This may be
made through the use of a warning device which would inform the citizens without necessity of
imposing penalty or sanction.

Service. Directions, assistance to disabled motorists, funeral escorts, administration of various kinds of
permits, emergency relay of blood, checking vacant residences or looking-in on vulnerable adults, aiding
with traffic control at road construction and emergency scenes, and many more services are provided by
the local police.

Patience, good communication skills, and knowledge of human psychology are the important tools of
the trade. The ability to enforce the law by bringing criminals to justice rests in the large part on the
willingness of the public to cooperate with the police. The foundation for that is laid in the routine
interaction between police and citizens in the course of everyday, non emergency activities.

b. Protection of Lives and Property. This operation for the safety and convenience of the public is
analogous with that of practicing physicians. The doctors protect the life of the combating disease and
promoting public health through preventive measures. The policeman insures public safety by
eliminating the hazard of accidents and by guarding the citizen’s agents against the attack of the bad
elements of the society. The police has the obligation to preserve the citizens constitutional guarantee
of liberty and the pursuit of happiness.

c. Safeguarding Public health and Morals This involves many activities or missions peripheral to basic
law enforcement and public safety, such as sanitation, search and rescue operations, licensing, Likewise,
it also includes escort duties, civic actions and many other activities related thereto.
2. Maintain peace and order and take all necessary step to ensure public safety.

a. Preservation of Peace and Order

This requires a peace officer to gain the sympathy of the community so they may close ranks in
combating crimes and other anti – social behavior. The community should be informed through the
proper education of their share and involvement in the maintenance of peace and order in the locality.

3. Investigate and Prevent crimes, effect the arrest of criminal offenders, conduct search and seizure in
accordance with the Constitution and pertinent laws and bring offenders to justice and assist in their
prosecution.

What are some of the human rights guaranteed under Article III of the Constitution?

a. The right of a person to be secured in his/her person, papers and effects against unreasonable
searches and seizures;

b. Rights of a person under Investigation;

c. Rights of an accused;

d. Rights of a person under arrest; and

e. Rights of a person under detention.

a. Investigate the crime. The police officers may conduct surveillance, interview persons with knowledge

of facts directly or indirectly connected with the offense, take photographs, arrange for entrapment
when feasible, search premises and persons subject to constitutional and statutory safeguards, examine
public and other available records pertaining to the persons involved and get copies of pertinent entries,
etc.

The police officers, in other words, collect evidence for use in the prosecution of the suspects (PERSON
OF INTEREST) in court. This may consist of:

(a) The TESTIMONY of witnesses – including “invited” suspects – which are invariably taken down in
question-and-answer form.

(b) WRITINGS

(c) OBJECTS: guns, knives, other weapons used in the commission of the crime; the clothing of the
victims, etc.

This includes the rough sketch of the crime scene, photograph of the crime scene and the developing
and lifting of prints, if any
What are the rights of a person undergoing investigation or interrogation? ( RA 7438)

These are:

a. the right to remain silent and to have a competent and independent counsel, preferably of his own
choice. If the person being investigated cannot afford counsel, he must be provided with one;

b. no torture, force, violence, threat, intimidation, or any other means by which vitiate the free will shall
be used against the person being investigated;

c. the person under investigation must not be in secret detention places, in solitary confinement, held
incommunicado or other similar forms of detention;

d. the rights of a person under investigation cannot be waived except in writing and in the presence of a
lawyer.

b. Prevention of Crime

Crime prevention is the anticipation, the recognition and the appraisal of a crime risk and the initiation
of some action to remove it.

Crime prevention means the elimination of the opportunity that exists on the part of the would be
criminal to commit an act punishable under the law. This seeks to minimize the causes of crime that
requires the police to mingle with the community where criminal activities originate and breed and
where the criminalistic tendencies of individuals motivated them to indulge in anti-social behavior.

c Arrest the Suspect.

This defines the statutory power of every policeman as a means of discouraging the would – be criminal
offender. The consequence of arrest and prosecution has deterrent effect intended to discourage crime
or unlawful act. It also lessens repetition by causing suspects to be incarcerated and its provides an
opportunity for the reformation to those convicted. This activity is likewise include the recovery of
stolen property in order to restrain those who are accessories to the crime and to those benefiting from
the grain of crime.

HOW ARREST BE MADE?

1. As a general rule, the arrest of a person should always be made through a warrant of arrest issued by
a judge.

2. WITHOUT WARRANT, under the circumstances justifying a warrantless arrest.

a. A peace officer or a private person may affect an arrest without a warrant. These are;

1. When the person to be arrested has committed, is actually committing, or is attempting to commit an
offense in the presence of the arresting person.
2. When an offense has in fact just been committed, and the arresting person has personal knowledge of
the facts indicating that the person to be arrested has committed it; and

3. When the person to be arrested is an escape prisoner or a fugitive from justice.

b. WITH WARRANT/COURT ORDER – When the judge orders to arrest such person inside the court in
violation of orders from the court or in the prosecution of an offense.

c. Refer the case and suspects to the public prosecutor.

3. Detain an arrested person for the period not beyond what is prescribed by law, informing the person
so detained of all his rights under the Constitution.

If a person has already been arrested, what are his/her rights?

If already arrested, the person has the following rights;

a. to remain silent and to be assisted by a competent and independent lawyer of his/her choice in any
interrogation;

b. not to be subjected to torture, manhandling, intimidation, deceit, promises of reward or leniency of

any means (drugs, hypnosis, etc.) that vitiate or weaken his/her free will;

c. to be brought before a court as soon as possible but not later than: - 12 hours after arrest for a light
offense, - 18 hours after arrest for a less grave offense, - 36 hours after arrest for a grave offense

d. to make a formal complaint if he/she has been denied counsel, forced to confess, or manhandled,
tortured or intimidated;

e. to be released on reasonable bail, unless he/she has been charged with a crime punishable by death
and evidence of his/her guilt is strong;

f. If the arrest is through a warrant, the person arrested has the right to be informed of the cause of
his/her arrest, and be allowed to see, read and examine the warrant of arrest.

PROPERTY OF THE UNIVERSITY OF BAGUIO

Instructional Material for Introduction to Philippine Criminal Justice System Page 20 of 68

THE 2ND PILLAR: PROSECUTION

Prosecution defined:  It is the process or method whereby accusations are brought before the court of
justice to determine the innocence or guilt of the accused.

Legal basis:

1. PD 911-Rules on Preliminary Investigation

2. RA 10071-Prosecution Service Act of 2010

3. PD 1829-Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders

THE ROLES OF THE PROSECUTOR

 The prosecutor is not just an ordinary official of the government, he is as well an officer of the
court whose criminal responsibility under the law, is to carry out the administration of criminal
justice system through an adequate examination of the offense charged and to decide whether
or not to prosecute the individual offender, without sacrificing fairness and justice. He serves as
the direct contact between the government through police agency and the court of justice, and
the suspects and the attorneys representing them. His series of contact is made from the
moment he receives the case in the trial court. He deals with the court and defendant for and in
behalf of thegovernment he represents.
 In the criminal proceedings, the prosecutor has the basic responsibility of representing the
government in the court of justice. This responsibility is based on the principle that acts and
omission punishable by law when committed are always against the public interest, and not
against the offended individual. It is for reason that in criminal proceedings the caption of the
case is in the name of the “People of the Philippines” versus particular individual/s. If the
element of the crime alleged to have been committed are present, it is the prosecutor’s task of
bringing the offender to the court through the criminal proceedings. He must see to it that an
innocent party is unjustly and unfairly prosecuted. He must ensure that sufficient, strong and
convincing evidence exists in order to prove the guilt of the accused through the due process of
law. The defendant through his lawyer then protects his interest that the prosecutor does not
unjustly and unfairly prosecute the case. In effect, the trial of the case in some sort of a battle of
forensic law. Then prosecutor is the champion of the state he represents, the lawyer is the
client’s champion.
 Prosecutors work on behalf of the state and file charges against individuals who violate state
law. They play a “key role” in the administration of justice in that they exercise broad discretion
in their work. They are responsible for reviewing cases, deciding whether charges will be filed or
not.  The prosecution service is made up of the Provincial and City Prosecutors, Chief State
prosecutor, asst. City/Provincial/State Prosecutor etc. They:

a. evaluate the police findings referred to them, or other complaints filed directly with them by
individual persons.

b. File corresponding INFORMATIONS OR CRIMINAL COMPLAINTS in the proper courts on the basis of
their evaluation of the proofs at hand; and

c. Prosecute the alleged offenders in court, in the name of the Philippines.

Note: Prosecution is under the National Prosecution Service, NPS is under the Department of Justice
 WHO COMPOSES THE PROSECUTOR?

1. Public Prosecutor -Fiscal

a. State Prosecutor

b. Provincial Prosecutor

c. City Prosecutor

d. Special Prosecutor

2. Attorney in private practice. They represent the parties (complainant or respondent) in proceedings
before the Public prosecutors.

3. Public defender such as PAO and other Legal Aid Lawyers (IBP, CLAO, FLAG, etc).  Attorneys in Private
Practice should be deemed a part of the CJS component. They represent the parties (complainant or
respondent) in proceedings before the Public Prosecutors. So also, public defenders such as PAO and
other legal aid lawyers (IBP, FLAG)

PROSECUTORIAL DISCRETION

The prosecutor, like the police has a wide latitude in the exercise of discretion. In fact, in most cases, the
prosecutor has absolute, unrestricted discretion in the performance of duty.

In the day- to- day decision- making process, the prosecutor make decisions relatively free of control,
although they may be influenced by the desires and opinions of the public, the police and other
government officials.

Prosecutorial discretion typically enters the picture immediately after the arrest, when the police
investigative reports are forwarded to the prosecutor for review. The prosecutor screens and evaluates
the document in order to decide whether to accept or reject the case for prosecution. The prosecution,
therefore should not go forward unless sufficient evidence exists against the accused to promise a
conviction, and thus justify the government expense and the defendant’s distress.

A prosecuting attorney, by the nature of his office, is under no compulsion to file a particular Criminal
Information where he is not convinced that he has evidence to back up its averments or that the
evidence at hand points to a difference.

On the other hand, if the prosecutor decides to accept the case, he issues a complaint/information upon
which the suspect is arraigned before a judge.
 PROSECUTORIAL DISCRETION OPPORTUNITIES:

1. Deciding to prosecute.

2. Terminating prosecution through nolle. If the prosecutor found out later after arraignment that the
evidence is not enough to prove the guilt of the accused beyond reasonable doubt, he would pray for
the dismissal or terminate further proceeding; or if there is an affidavit of desistance.

NOLLE – is a request made by the prosecutor to the judge for approval to terminate further criminal
prosecution against a suspect.

3. Prosecuting on reduced charges. The Prosecutor uses discretion to reduce charges like murder to
homicide.

4. Dropping multiple counts. The Prosecutor can drop several charges and come –up with only a single
charge. e.g. complex crime

5. Making sentencing recommendations. If the accused pleaded guilty and he is a first time offender or
a minor, the prosecutor can recommend for a lighter sentence. This is the only stage that the prosecutor
can make recommendations.

6. Plea Bargaining is the process of discussion between the defense counsel and the prosecutor, aimed
at reaching an agreement whereby the prosecutor uses discretion to obtain from the judge a lighter
sentence in exchange for the defendant’s entering a guilty plea.This can be done during and even after
arraignment

PROSECUTION OF OFFENSES

Criminal action. - A criminal action is one by which the state prosecutes a person for an act or omission
punishable by law.

Complaint – a sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer, or the public officer charged with the enforcement of the law violated.

Requisites of Complaint

1. Written statement under oath.

2. Signed either:

a. Offended party

b. Any peace officer or public officer charged with the enforcement of the law violated.

Information – is an accusation in writing charging a person with an offense, subscribed by the

prosecutor and file with the court.
Requisites of information

1. A written accusation

2. A person is charged of an offense;

3. Signed by the public prosecutor; and

4. The information is filed with the court.

Sufficiency of a complaint or Information

1. Name of the accused

2. Designation of the offense

3. Cause of the accusation

4. Place of commission of the offense

5. Date of commission of the offense

6. Name of the offended party

PRELIMINARY INVESTIGATION

Preliminary Investigation Defined:

 It is an inquiry or proceeding for the purpose of determining whether there is sufficient ground
to engender a well- founded belief that a crime has been committed and that the respondent is
probably guilty thereof, and should be held for trial.

Prima facie Evidence - is such as establishes a fact and unless rebutted or explained by evidence
becomes conclusive and it is considered as if fully proved.

Denotes evidence which, if unexplained or uncontradicted, is sufficient to sustain the proposition it

support or to establish the facts, as to counterbalance the presumption of innocence to warrant a
conviction.

Under PD 911, which took effect on March 23, 1976, only the Provincial Fiscal or Chief State prosecutor
shall approve the filing of complaint/information in court or dismiss a case investigated by an assistant
fiscal or prosecutor. The following are authorized to conduct preliminary investigation:

a. Provincial or City prosecutors and their assistants

b. Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts

c. National and Regional State Prosecutors

d. Other officers authorized by law such as Graft Investigator Officers and Special Prosecution Officers of
the Officer of the Ombudsman.

Purpose of Preliminary Investigation

1. To protect the innocent against hasty, malicious and oppressive prosecution.

2. To spare him from trouble, expensive and anxiety to a public trial.

3. To protect the State itself from useless and wasteful rights.

Procedures in Preliminary Investigation:

1. Upon submission of the complaint and affidavits of the complainant and witnesses as well as the
supporting documents to establish a probable cause. They shall be in such number of copies as there are
respondents, plus two (2) copies for the official file. The affidavits shall be subscribed and sworn to
before any prosecutor or government official authorized to administer oath.

2. Within ten (10) days after the filing of the complaint, the investigating officer shall either dismiss it if
he finds no ground to continue with the investigation, or issue a subpoena to the respondent attaching
to it a copy of the complaint and its supporting affidavits and documents.

3.With in ten (10) days from receipt of the subpoena; with the complaint and supporting affidavits and
documents, the respondent shall submit his counter- affidavits and that of his witnesses and other
supporting documents relied upon for his defense.

4. If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter- affidavits within
ten (10) day period, the investigating officer shall resolve the complaint based on the evidence
presented by the complainant.

5. Within ten (10) days after the investigation, the investigating officer shall determine whether or not
here is sufficient ground to hold the respondent for trial.

6. If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the
RESOLUTION and INFORMATION. He shall certify under oath in the information personally examined the
complainant and his witnesses, that there is reasonable ground to believe that a crime has been
committed and the accused is probably guilty thereof.

7. Within five(5) days from his resolution, he shall forward the record of the case to the provincial or city
prosecutor or chief state prosecutor, or the Ombudsman or his deputy in cases cognizable by the
Sandiganbayan. They shall act on the resolution with in ten (10) days from their receipt thereof and shall
immediately inform the parties of such action.

 No complaint may be filed or dismissed by an investigating prosecutor without the prior written
authority or approval of the provincial or city prosecutor or chief state prosecutor or the
Ombudsman or his deputy.  Where the investigating prosecutor recommends the dismissal of
 the complaint by his recommendation is disapproved by the provincial or city prosecutor or
chief state prosecutor or the Ombudsman or his deputy or the ground that probable cause exist,
the latter may, by himself, file the information against the respondent or direct another
assistant prosecutor or state prosecutor to do so with out conducting another preliminary
investigation.
 PD 911 also empowers the secretary of justice to review resolutions of provincial fiscals or the
chief state prosecutor without requiring another preliminary investigation.
 If the secretary believes that the person charged is not probably guilty of the crime. He can
order the assistant fiscal or state prosecutor to move for the dismissal of the case. Similarly, he
can order the filing of the proper information if he believes that the person charged is probably
guilty of the offense.

Resolution of investigating Judge

1. Within ten (10) days after the preliminary investigation, the investigating judge shall transmit the
resolution of the case to the provincial or city prosecutor, or the Ombudsman or his deputy in cases of
offenses cognizable by the SandiganBayan. The resolution shall state the findings of facts and the law
supporting his action, together with the record of the case which shall include:

a. the warrant, if the arrest is by virtue of a warrant

b. the affidavit , counter- affidavits and other supporting evidence of the parties.

c. The undertaking or bail of the accused and the order of his release.

d. The transcripts of the proceedings during preliminary investigation

e. The order of cancellation of his bail bond, if the resolution is for the dismissal of the complaint. Within
thirty (30) days from receipt of the records, the provincial or city prosecutor, or the

Ombudsman or his deputy, as the case may be, shall review the resolution of the investigating judge on
the existence of probable cause.

When Warrant of arrest may be issued

(a) By the Regional Trial Court- The judge is mandated, with in ten (10) days from the filing of complaint
or information, to personally evaluate first the resolution of the prosecutor and its supporting evidence.
If he finds probable cause, he shall issue a warrant of arrest or commitment order if the accused already
been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or
the accused is arrested lawfully with out warrant. In case of doubt of the existence of probable cause
the judge may order the prosecutor to present additional evidence within five (5) days for notice and
the court must resolve the issue within thirty (30) days from the filing of complaint or information.

(b) By the Municipal Trial Court- In cases falling under the original jurisdiction of the Municipal Trial
courts, Municipal Circuit Trial Courts (violation of municipal ordinances and offenses punishable by
imprisonment for not more not six (6) years) where a preliminary investigation is conducted by the
judge himself because the penalty is at least four (4) years, two (2) months and one (1) day, he shall
issue a warrant of arrest if his findings and recommendations are affirmed the provincial prosecutor or
city prosecutor or by the Ombudsman or his deputy.

However, without waiting for the conclusion of the investigation, the judge may issue a warrant of arrest
if he finds after an examination in writing and under oath of the complainant and his witnesses in the
form of searching questions and answers that a probable cause exists and there is a necessity of placing
the respondent under immediate custody in order not to frustrate the ends of justice, he can issue a
warrant immediately.

If no warrant has been issued during the course of the preliminary investigation, the judge may issue of
arrest upon return to him the provincial or city prosecutor or by he Ombudsman or his deputy of the
affirmation of his findings and recommendations.

*Note: When a person is lawfully arrested without a warrant involving a case which requires a
preliminary investigation, the complaint or information may be filed by a prosecutor without need of
such investigation provided an inquest has been conducted in accordance with existing rules.

Before the complaint or information is filed, the person arrested may ask for preliminary investigation in
accordance with the rule, but he must sign a waiver of the provisions of Article 125 (Delay in the delivery
of Detained persons to Proper Judicial Authorities) of the Revised Penal Code in the presence of his
counsel.

After filing of complaint or information in court without preliminary investigation, the accused may,
within five (5) days from the time he learns of its filing, ask for a preliminary investigation with the same
right to adduce evidence in his defense.

INQUEST PROCEEDING

Inquest Proceeding defined:

 Inquest is an informal 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.

Commencement of Inquest= Upon receipt by the inquest officer from the law enforcement authorities
of the documents which include:

1.Affidavit of Arrest

2.The investigation report

3.The statement of the complainant and witnesses

4.Other supporting evidences gathered by the police in the course of the latter’s investigation of the
criminal incident involving the arrested or detained person.

INQUEST PROCEDURE:

1. Reception of:

A .the affidavit of arrest

b. the investigation report

c. statement of complainant

d.other supporting materials

If finding NOT PROPER for inquest:

a. recommend the release of the person arrested/detained

b. note down the disposition on the referral document.

c. Prepare brief memorandum indicating the results for the action taken.

d. Forward the same together with the record of the case , to the Chairman of the Task force/City or
Provincial Prosecutor for appropriate action.

If PROPER for inquest and the respondent avails of the preliminary investigation;

a. respondent executes the waiver of the provisions of the Art. 125 of the RPC with the assistance of his
counsel.

b. The prosecutor forwards the case to the City or Provincial Prosecutor for preliminary investigation.

c. Not withstanding such waiver, respondent may apply or bail.

Note: Preliminary investigation shall be terminated within fifteen (15) days from its inception.

If PROPER, but respondent does not execute waiver

 Prosecutor shall proceed with the inquest by examining the affidavit/sworn statement of
complainant, witnesses and other supporting evidence presented.

If there is PROBABLE CAUSE

1. Recommend the filing of the corresponding complaint/information in court.

2. Forward the records of the case with the complaint to the city/Provincial Prosecutor for appropriate
action.
PROBABLE CAUSE- Probable cause exists when the evidence submitted to the Inquest Officer engenders
a well-founded belief that a crime has been committed and that the arrested Or detained person is
probably guilty thereof.

If there is NO Probable Cause

1. Recommend the release of the arrested or detained person

2. Note down the disposition of the case on the referral document.

a. Prepare a brief memorandum indicating reasons for the action taken.

b. Forward the records of the case to the Provincial or City Prosecutor.

Note: The order of release should be approved by the City or Provincial prosecutor.

Termination of Inquest= the inquest proceedings must be terminated within the period prescribed
under the provisions of Art. 125 of the RPC.

Dismissal of complaint. - The following, among others, shall constitute sufficient basis for the outright
dismissal of a complaint:

a) that the offense charged in the complaint was committed outside the territorial jurisdiction of the
Office of the Investigating Officer;

b) that, at the time of the filing of the complaint, the offense charged therein had already prescribed;

c) that the complainant is not authorized under the provisions of pertinent laws to file the complaint;

d) that the acts and/or omissions alleged in the complaint and/or the supporting affidavits do not

sufficiently show that a criminal offense or violation of a penal law has been committed; or

e) that the complaint and the supporting affidavits are unsigned and/or have not been duly subscribed

and sworn to as prescribed under the Rules on Criminal Procedure

PETITION FOR REVIEW

Subject of petition for review.- Only resolutions of the Chief State Prosecutor/Regional State
Prosecutor/Provincial or City Prosecutor dismissing a criminal complaint may be the subject of a Petition
for Review to the Secretary of Justice except as otherwise provided in Section 4 hereof. - A petition from
the resolution of a Provincial/City Prosecutor where the penalty prescribed for the offense charged does
not exceed prision correccional, regardless of the imposable fine, shall be made to the Regional State
Prosecutor who shall resolve the petitions with finality.

Such petitions shall also be governed by these rules. - The provision of the preceding paragraph on the
finality of the resolution of the Regional
State Prosecutor notwithstanding, the Secretary of Justice may, in the interest of justice and pursuant to
his residual authority of supervision and control over the prosecutors of the Department of Justice,
order the automatic review by his office of the resolution of the Regional State Prosecutors in the cases
appealed to the latter.

Period to file petition.- The petition must be filed within a period of fifteen (15) days from receipt of the
questioned resolution by the party or his counsel. The period shall be interrupted only by the filing of a
motion for reconsideration within ten (10) days from receipt of the resolution and shall continue to run
from the time the resolution denying the motion shall have been received by the movant or his counsel.