RULES ON INQUEST

LAW AND ADMINISTRATION OF JUSTICE

CAROLINA C. BORRINAGA
RULES ON INQUEST
What is an inquest?

An inquest is an informal and summary

investigation conducted by a public prosecutor in
a criminal case involving persons arrested and
detained without the benefit of a warrant of
arrest issued by the court for the purpose of
determining whether said persons should remain
under custody and correspondingly charged in
court. (Section 1, DOJ Circular No. 61)
Inquest Proceedings

Sec. 6. When accused lawfully arrested without warrant

When a person is lawfully arrested without a

warrant involving an offense 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.
Inquest Proceedings

In the absence or unavailability of an

inquest prosecutor, the complaint may be filed
by the offended party or a peace officer
directly with the proper court on the basis of
the affidavit of the offended party or arresting
officer or person.
Inquest Proceedings

Before the complaint or information is filed, the person

arrested may ask for a preliminary investigation in
accordance with this Rule, but he must sign a waiver of
the provision of Article 125 of the Revised Penal Code, as
amended, in the presence of his counsel.

Not withstanding the waiver, he may apply for bail and

the investigation must be terminated within fifteen (15)
days from its inception.
Inquest Proceedings

After the filing of the complaint or information

in court without a 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 as provided in this Rule.
Purpose of the Inquest Proceedings

The purpose of the inquest proceedings in these cases

is that while the state acknowledges the law enforcers’
authority to arrest and detain persons without a warrant,
the state must also ensure that these persons are not
unlawfully detained, and that they are not denied due
process.

The inquest establishes whether the evidence is

sufficient enough to seek court approval to keep the
person in detention.
Purpose of the Inquest Proceedings

Prosecutors have a heavy burden to oversee police

investigations in cases involving inquest proceedings (DOJ
Circular 61 on New Rules on Inquest). Each police station
or headquarters should in principle also have designated
inquest prosecutors to process inquest procedures with a
schedule of assignments for their regular inquest duties.

The inquest requires the prosecutors to resolve the

complaint the police filed in a prescribed period, which
varies depending on the gravity of the offense.
Purpose of the Inquest Proceedings

Cases punishable with light penalties must be

resolved in 12 hours; those punishable with
correctional penalties within 18 hours; and those
punishable by afflictive or capital penalties, within
36 hours. If the inquest prosecutor fails to
complete the proceedings in the prescribed
period, then the person must be released.
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How should the complaint or information be filed when
the accused is lawfully arrested without warrant?

The complaint or information may be filed by a

prosecutor without need for a preliminary
investigation provided an inquest proceeding has
been conducted in accordance with existing
rules.
(Sec. 6, Rule 112, Rules of Court)
Suppose there is no inquest prosecutor? Or there is an inquest
prosecutor but he is not available, what will happen now to the
case?

In the absence of an inquest prosecutor, the

offended party or any peace officer may file the
complaint directly in court on the basis of the
affidavit of the offended party or peace officer.
(Sec. 6, Rule 112, Rules of Court)
What is the remedy of the person arrested without
warrant if he wants a preliminary investigation?

BEFORE the complaint or information is filed, he

may ask for one provided that he signs a waiver
of his rights under Article 125 of the Revised Penal
Code in the PRESENCE of his counsel. He may still
apply for bail in spite of the waiver. The
investigation must be terminated within 15 days.
RULES ON INQUEST
INQUEST PROCEDURES (DOJ CIRCULAR NO. 61,1993)
EVIDENCE NEEDED FOR AN INQUEST PROCEEDING
SECTION 1. Concept

Inquest is an informal and summary

investigation con-ducted 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 deter-
mining whether or not said persons should remain
under custody and correspondingly be charged
in court.
SEC. 2.Designationof Inquest Officers

The City or Provincial Prosecutor shall designate

the Prosecutors assigned to inquest duties and
shall furnish the Philippine National Police (PNP) a
list of their names and their schedule of
assignments. If, however, there is only one
Prosecutor in the area, all inquest cases shall be
referred to him for appropriate action.
SEC. 2.Designationof Inquest Officers

Unless otherwise directed by the City or

Provincial Prosecutor, those assigned to inquest
duties shall discharge their functions during the
hours of their designated assignments and only at
the police stations/headquarters of the PNP in
order to expedite and facilitate the disposition of
inquest cases.
SEC. 3.Commencement and Termination of Inquest

The inquest proceedings shall be considered commenced

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; and
SEC. 3.Commencement and Termination of Inquest

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
inquest Officer shall, as far as practicable, cause the
affidavit of arrest and statements/affidavits of the
complainant and the witnesses to be subscribed and
sworn to before him by the arresting officer and the
affiants. The inquest proceedings must be terminated
within the period prescribed under the provisions of
Article 125 of the Revised Penal Code, as amended. *
SEC. 4.Particular Documents Required in Specific Cases

The submission, presentation of the documents listed herein below

should as far as practicable, be required in the following cases by the
Inquest Officer.
Violation of the Anti-Fencing Law (PD 1612)
a. a list/inventory of the articles and items subject of the offense; and
b. statement of their respective value

Illegal Possession of Explosives (PD 1866)

a. chemistry report duly signed by the forensic chemist and
b. photograph of the explosives, if readily available.
SEC. 4.Particular Documents Required in Specific Cases

Violation of the Fisheries Law (PD 704)(now RA 8550)

a. photograph of the confiscated fish, if readily available; and
b. certification of the Bureau of Fisheries and Aquatic Resources;

Violation of the Forestry Law (PD 705)

a. 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;
b. certification of Department of Environment and Natural
Resources/Bureau of Forest Management; and
SEC. 4.Particular Documents Required in Specific Cases

c. seizure receipt. The submission of the

foregoing documents shall no absolutely be
required if there are other forms of evidence
submitted which will sufficiently establish the facts
sought to be proved by the foregoing
documents.
SEC. 5.Incomplete documents

When the documents presented are not complete to

establish probable cause, the Inquest Officer shall direct
the law enforcement agency to submit the required
evidence within the period prescribed under the
provisions of Article 125 of the Revised Penal Code, as
amended; otherwise, the Inquest Officer shall order the
release of the detained person and, where the inquest is
conducted outside of office hours, direct the law
enforcement agency concerned to file the case with the
City or Provincial Prosecutor for appropriate action
SEC. 6.Presence of the detained person

The presence of the detained person who is under custody

shall be ensured during the proceedings. However, the
production of the detained person before the Inquest Officer
may be dispensed with in the following cases:

a. if he is confined in a hospital;
b. if he is detained in a place under maximum security;
c. if production of the detained person involve security risks;
or
SEC. 6.Presence of the detained person

d. if the presence of the detained person is not

feasible by reason of age, health, sex and other
similar factors.

The absence of the detained person by reason of

any of the foregoing factors must be noted by the
Inquest Officer and reflected in the record of the
case.
SEC. 7.Charges and counter-charges

All charges and counter-charges arising from

the same incident shall, as far as practicable, be
consolidated and in quested jointly to avoid
contradictory or inconsistent dispositions.
SEC. 8.Initial duty of the inquest officer

The Inquest Officer must first deter-mine if the arrest of the detained person
was made in accordance with the provisions of paragraphs (a) and (b) of
Section 5, Rule 113 of the 1985 Rules on Criminal Procedure, as amended,
which provide that arrests without a warrant may be effected:

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;
or
b. when an offense has in fact just been committed, and the arresting
officer has personal knowledge of facts indicating that the person to be
arrested has committed it. For this purpose, the Inquest Officer may
summarily examine the arresting officers on the circumstances surrounding
the arrest or apprehension of the detained per-son.
SEC. 9.Where arrest not properly effected

Should the Inquest Officer find that the arrest was not made in
accordance with the Rules, he shall:

a. recommend the release of the person arrested or detained;

b. note down the disposition of the referral document;
c. prepare a brief memorandum indicating the reasons for the
action taken; and
d. forward the same, together with the record of the case, to the
City or Provincial Prosecutor for appropriate action.
SEC. 9.Where arrest not properly effected

Where the recommendation for the release of the detained

person is approved by the City or Provincial Prosecutor but the
evidence on hand warrant the conduct of a regular preliminary
investigation, the order of release shall be served on the officer
having custody of said detainee and shall 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 witnesses and other supporting evidence.
SEC. 10.Where the arrest property effected

Should the Inquest Officer find that the arrest was properly
effected, the detained person should be asked if he desires to
avail himself of a preliminary investigation, if he does, he shall
be made to execute a waiver of the provisions of Article 125 of
the Revised Penal Code, as amended, with the assistance of a
lawyer and, in case of non-availability of a lawyer, a responsible
person of his choice. The preliminary investigation may be
conducted by the Inquest Officer himself or by any other
Assistant Prosecutor to whom the case may be assigned by the
City or Provincial Prosecutor, which investigation shall be
terminated within fifteen(15) days from its inception.
SEC. 11.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 statements/affidavits
of the complainant and the witnesses and other
supporting evidence submitted to him. If necessary, the
Inquest Officer may require the presence of the
complainant and witnesses and subject them to an
informal and summary investigation or examination for
purposes of determining the existence of probable cause.
SEC. 12.Meaning of 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.
SEC. 13.Presence of probable cause

If the Inquest Officer finds that probable cause exists, 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
bailable. Thereafter, the record of the case, together with the
prepared com-plaint/information, shall be forwarded to the
City or Provincial Prosecutor for appropriate action. The
complaint/information may be filed by the Inquest Officer
himself or by any other Assistant Prosecutor to whom the case
may be assigned by the City or Provincial Prosecutor.
SEC. 14.Contents of information

The information shall, among others, contain:

a. a certification by the filing Prosecutor that he is filing the
same in accordance with the provisions of Section 7, Rule
112 of the 1985 Rules on Criminal Procedure, as
amended, in cases cognizable by the Regional Trial Court;
b. the full name and alias, if any, and address of the
accused;
c. the place where the accused is actually detained;
d. the full names and addresses of the complainant and
witnesses;
SEC. 14.Contents of information

e. a detailed description of the recovered item, if any;

f. the full name and address of the evidence
custodian;
g. the age and date of birth of the complainant or the
accused, if eighteen (19)years of age or below; and
h. the full names and addresses of the parents,
custodians or guardians of the minor complainant
or accused, as the case may be.
SEC. 15.Absence of probable cause

If the Inquest Officer finds no probable cause, he shall:

a. recommend the release of the arrested or detained

person;
b. note down his disposition on the referral document;
c. prepare a brief memorandum indicating the reasons for
the action taken; and
d. forthwith forward the record of the case to the City or
Provincial Prosecutor for appropriate action.
SEC. 15.Absence of probable cause

If the recommendation of the Inquest Officer for the

release of the arrested or detained person is approved,
the order of release shall be served on the officer having
custody of the said detainee. Should the City or Provincial
Prosecutor disapprove the recommendation of release,
the arrested or detained person shall remain under
custody, and the corresponding complaint/information
shall be filed by the City or Provincial Prosecutor or by any
Assistant Prosecutor to whom the case may be assigned.
SEC. 16.Presence at the crime scene

Whenever a dead body is found and there is reason to believe

that the death resulted from foul play, or from the unlawful acts or
omissions of other persons and such fact has been brought to his
attention, the Inquest Officer shall:

a. forthwith proceed to the crime scene or place of discovery of

the dead person;
b. cause an immediate autopsy 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;
SEC. 16.Presence at the crime scene

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 investigation to be conducted by the police
authorities as well as the recovery of all articles and pieces
of evidence found thereat and see to it that the same are
safeguarded and the chain of the custody thereof properly
recorded; and
e. submit a written report of his finding to the City or
Provincial Prosecutor for appropriate action.
SEC. 17.Sandiganbayan cases

Should any complaint cognizable by the

Sandiganbayan be referred to an Inquest Officer for
investigation, the latter shall, after conducting the
corresponding inquest proceeding, forthwith forward the
complete record to the City or Provincial Prosecutor for
appropriate action.
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