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.

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•For this purpose, the inquest prosecutor may summarily examine the arresting officer on the circumstances surrounding the arrest or apprehension of the detained person.

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