The Inquest

The Inquest

It 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 charged in court.
The Inquest Prosecutor
 The Inquest Prosecutor

PNP units shall coordinate with the City or

Provincial Prosecutor to ensure efficient
inquest proceedings. It shall secure updated
list of Prosecutors who are detailed as duty
inquest with their names and schedule of
assignments. If there is only one Prosecutor in
the area, all inquest cases shall be referred to
him for appropriate action.
The Commencement and Termination
of Inquest
 The Commencement and Termination of
Inquest

The Inquest proceedings shall commence upon receipt

by the Inquest Officer from the law enforcement
authorities of the complaint/referral documents which
should include:
a. The affidavit of arrest
b. The investigation report
c. The statement of the complainant and witnesses.
d. Other supporting evidence gathered by the police in
the course of the latter’s investigation of the criminal
incident involving the arrested or detained person
 The Commencement and Termination of
Inquest

The Inquest proceedings shall commence upon receipt

by the Inquest Officer from the law enforcement
authorities of the complaint/referral documents which
should include:
e. The Inquest officer shall as far as practicable, cause
the affidavit of arrest and statement/affidavit of the
complainant and the witnesses to be subscribed and
sworn to before him by the arresting officer and the
affiants.
f. The Inquest proceedings must be terminated within
the period prescribed under the provisions of Article
125 of the RPC as amended.
The Inquest Procedures
 The Inquest Procedures

Documents Required in Specific Cases- The

Investigator on Case shall prepare the following
documents for submission/presentation to the
Inquest Prosecutor, to wit:

1. Murder, Homicide and Parricide

i. Certified true copy/machine copy of

the certificate of death of the victim
ii. Necropsy report and the certificate of
post mortem examination, if readily available.
 The Inquest Procedures

Documents Required in Specific Cases:

2. Frustrated or attempted Homicide, Murder, Parricide

and Physical Injuries:

i. Medical certificate of the complaining

witness showing the nature and extent of the injury
ii. Certificate or statement as to duration
of the treatment or medical attendance
iii. Certificate or statement as to duration
of incapacity for work
 The Inquest Procedures

Documents Required in Specific Cases:

3. Rape, Seduction and Forcible Abduction with Rape:

The Medico Legal report (living case report), if the

victim submitted himself for medical or physical
examination
 The Inquest Procedures

Documents Required in Specific Cases:

4. Violation of the Anti Car-napping Law (RA 6539):

i. Machine copy of the certificate of motor

vehicle registration
ii. Machine copy of the current official receipt of
payment of the registration fees of the subject MV.
iii. Other evidence of ownership
 The Inquest Procedures

Documents Required in Specific Cases:

5. Violation of the Anti Cattle Rustling Law (PD 533)

i. Machine copy of the cattle certificate for

registration
ii. Photograph of the cattle, if readily available.
 The Inquest Procedures

Documents Required in Specific Cases:

6. Violation of Illegal Gambling Law (RA 9287)

i. Gambling paraphernalia
ii. Cash money, if any
 The Inquest Procedures

Documents Required in Specific Cases:

7. Illegal Possession of Explosive (RA 8294)

i. Chemistry report duly signed by the forensic

chemist
ii. Photograph of the explosive, if readily
available.
 The Inquest Procedures

Documents Required in Specific Cases:

8. Violation of Fisheries Law (PD 704)

i. Photograph of the confiscated fish, if readily

available.
ii. Certification of the BFAR.
 The Inquest Procedures

Documents Required in Specific Cases:

9. Violation of Forestry Law (PD 705)

i. Scale sheets containing the volume and

species of the forest products confiscated, number of
pieces and other important details such as estimated
value of the products confiscated.
ii. Certification of the DENR
iii. Seizure receipt
 The Inquest Procedures
Presence of Detained person:

The presence of the detained person who is under custody

shall be insured during proceedings. However, the production
of the detained person before the inquest Officer may be
dispensed with the following cases:
i. If he is confined in a hospital
ii. If he is detained in a place under maximum security
iii. If the presence of the detained person is not
feasible by reason of age, health and other similar factors.
iv. If the production of the detained person will
involved national security
The Inquest Proper
 The Inquest Proper

Where the detained person does not opt for a preliminary

investigation or otherwise refuses to execute the required
waiver, the inquest officer shall proceed with the inquest by
examining the sworn statement/affidavits of the complainants
and the witnesses and other supporting evidence submitted to
him.

If necessary the inquest officer shall require the presence of the

complaining witnesses and subject them to an informal and
summary investigation or examination for purposes of
determining the existence of probable cause.
The Probable Cause
 The Probable Cause

It exist 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 the Inquest Officer finds that it
exist, he shall forthwith prepare the corresponding
complaint/information with the recommendation that the
same be filed in court. The complaint/information shall
indicate the offense committed and the amount of bail
recommended, if available.
 The Absence of Probable Cause

If the Inquest Officer finds no Probable Cause, he shall:

i. Recommend the release of the arrested or detained person

ii. Note down his disposition of the referral document
iii. Prepare a brief memorandum indicating the reasons for the
action taken.
iv. Forthwith forward the record of the case to the
City/Provincial prosecutor for appropriate action.
The Release of the Recovered
Articles
 The Release of Recovered Articles
The Inquest Officer shall with the approval of the City/Provincial
Prosecutor, order the release of recovered articles to their
lawful owner or possessor, subject to the conditions that:

i. There is a written request for the release

ii. The person requesting the release of the said articles is shown
to be the lawful owner or possessor thereof
iii. The requesting party undertakes under oath to produce said
articles before the court so required
iv. The requesting party if he is material witness to the case,
affirms or reaffirms his statement concerning the case and
undertakes under oath to appear and testify before the court
when so required.
 The Release of Recovered Articles
The Inquest Officer shall with the approval of the City/Provincial
Prosecutor, order the release of recovered articles to their
lawful owner or possessor, subject to the conditions that:

v. The said articles are not the instruments or tools in the

commission of the offense charged nor the proceeds thereof

vi. Photographs of said articles are first taken and duly certified
to by the police evidence custodian as accurately representing
the evidence in his custody
Regular or Direct Filing of Case
 Regular or Direct Filing of Case
It is the process of filing a complaint or information with the court
or office of the prosecutor under the following circumstances:

i. For the offense where a preliminary investigation is required

(where penalty imposed is at least four (4) years, two (2)
months and one (1) day without regard to the fine), by filing
the complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation.

ii. For all other offenses, by filing the complaint of information

directly with the MTC and MCTC or the complaint with the
office of the prosecutor. In manila and other chartered cities,
the complaint shall be filed with the office of the Prosecutor
unless otherwise provided in their charters.
 “When I Hear, I Forget; When I
See, I Remember but when I do, I
Understand”
 PILLARS OF THE CRIMINAL
JUSTICE SYSTEM

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Correction Court 30