Inquiry or proceeding to determine whether

there is sufficient ground to engender a well-

founded belief that a crime had been
committed and that Respondent is probably
guilty and should be held for trial
 Penalty imposable is imprisonment of 4 years
2 months and 1 day regardless of fine

*** PI not required if penalty is less than

4Y2M1D

***Cases that may be directly filed

***Referral to Lupon under PD 1508 /RA 7160
1.Prov’l/City Prosecutors and their assistants
2.Nat’l and Reg’l State Prosecutors
3.others authorized
1. Determination of compliance of Complaint with rules
(Rules of Court reqts)
-written
-indicates upon whose instance is filed
-and who the Respondent/s is/are
-Affidavits/Statements of Complainants and witnesses
and other supporting documents are complete and
attached
-should be subscribed before Prosecutor, gov’t official
authorized to administer oaths or Notaries Public
-examination on the voluntariness of the execution
of statements and determination that affiants
understood their statements
2.Prosecutor to dismiss case if there is no
ground to continue investigation OR

ISSUEs subpoena to Respondent, attching

copies of complaint and attachments

within 10 days from receipt or raffle of

complaint to Prosecutor
3. Respondent supposed to submit Counter-
Affidavit w/in 10 days from receipt of subpoena,
attaching affidavits of witnesses and supporting
evidence, to be subscribed and sworn, with the
same certification as in the original complaint, to
be furnished the Complainant/s

If Respondent could not be reached or does not file

a Counter-Affidavit, the complaint is resolved
based on the evidence of Complainant alone
NO. Investigating Officer may set a
clarificatory hearing if matters need to be
clarified otherwise, the complaint may be
resolved immediately

If one is called, it should be scheduled w/in 10

days from submission of C/A
-No right to cross-examine witnesses
- Technicalities not binding
-Questions to be coursed through Prosecutor
 Clarificatory hearing to be terminated within
5 days

Within 10 days from investigation, the

complaint to be resolved
1.Determine compliance and
sufficiency of complaint
2. Proceed to investigation
proper
3. File Information or dismiss
the complaint based on
evidence
1.Determine compliance and
sufficiency of complaint
2. Determine if CICL does not
qualify for diversion or if he,
his parents, or guardian
does not agree to diversion
or if diversion is not
recommended for CICL
3. Immediately refer the CICL to
OCSWD for determination
of discernment (reg of
offense)
4. From a determination by
the OCSWD of
discernment, proceed to
investigation proper,
with notice to Public
Attorney’s Office of
service of Complaint to
CICL and the place where
he is being held
5.If Probable Cause is
found, file Information
with family Court
Period for Regular PI For cases involving CICLs

60 days 45 days

***Discernment
Assessment appeals
What is an inquest proceeding?

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 whether the person should remain in
custody and correspondingly charged in
court.
Cases where Accused is arrested in flagrante
delicto (a crime has just been committed, is
being committed or an attempt thereof made in
the presence of a peace officer or private person)

Cases involving Hot pursuit (an offense has just

been committed and arresting officer or person
has probable cause to believe based on personal
knowledge that the person to be arrested has
committed the offense)
Referral of law enforcement of a complaint,
which should include:
- Affidavit of Arrest
-Investigation Report
-Statement of Complainant and witnesses
-Supporting evidence (reports etc.)
-criminal incident
If detained person does not invoke PI or refuses
to execute a Waiver under Article 125
(detained for legal ground and is not
delivered to judicial authorities within the 12,
18 and 36-hr periods), inquest proceeds
Examine affidavits/ sworn statements and
supporting documents to determine probable
cause

Prepare Inquest Resolution and Information

and forward to Head of Office
Same except for referral to Inquest Social
Worker for Initial or preliminary Assessment
of Discernment before determining probable
cause and for commitment to the facilities of
the LSWDO

File Information with Family Court for diversion

proceedings if applicable and/or other
appropriate measures
1. Privacy Settings
-CICL
-indication of discernment in the Information
-docketing and calendars

2. Confidentiality and Non-disclosure of

information about CICLs
1.Best Interest and well-being of Children
2. Recognition of rights of children
-without resort to judicial proceedings
-observe human rights and legal safeguards
-deal with children appropriately
-provide disposition measures (care,
guidance, supervision, counseling, foster
care, educ and vocational programs and
other alternatives
-restorative justice