Inquest Procedures (DOJ Circular No.

61, 1993)
Evidence Needed or an Inquest Proceedin!s
SECTION 1.Concept
Inquest is an informal and summary investigation con-ducted by a public prosecutor in criminal
cases involving persons arrested and detained it!out t!e benefit of a arrant of arrest issued by
t!e court for t!e purpose of deter-mining !et!er or not saidpersons s!ould remain under
custody and correspondingly be c!arged in court.
SEC. ".#esignationof Inquest Officers
T!e City or $rovincial $rosecutor s!all designate t!e $rosecutors assigned to inquest duties and
s!all furnis! t!e $!ilippine National $olice %$N$& a list of t!eir names and t!eir sc!edule of
assignments. If' !oever' t!ere is only one $rosecutor in t!e area' all inquest cases s!all be
referred to !im for appropriate action. (nless ot!erise directed by t!e City or $rovincial
$rosecutor' t!ose assigned to inquest duties s!all disc!arge t!eir functions during t!e !ours of
t!eir designated assignments and only at t!e police stations)!eadquarters of t!e $N$ in order to
e*pedite and facilitate t!e disposition of inquest cases.
SEC. +.Commencement and Termination of Inquest
T!e inquest proceedings s!all be considered commenced upon receipt by t!e Inquest Officer
from t!e la enforcement aut!orities of t!e complaint)referral documents !ic! s!ould include,
a. t!e affidavit of arrest-
b. t!e investigation report-
c. t!e statement of t!e complainant and itnesses- and
d. ot!er supporting evidence gat!ered by t!e police in t!e course of t!e latter.s investigation of
t!e criminal incident involving t!e arrested or detained person. T!einquest Officer s!all' as far as
practicable' cause t!e affidavit of arrest andstatements)affidavits of t!e complainant and t!e
itnesses to be subscribed and sorn tobefore !im by t!e arresting officer and t!e affiants. T!e
inquest proceedings must beterminated it!in t!e period prescribed under t!e provisions of
/rticle 1"0 of t!e1evised $enal Code' as amended.
SEC. 2.$articular #ocuments 1equired in Specific Cases
T!e submission' presentation of t!e documents listed !erein belo s!ould as far as practicable'
be required in t!e folloing cases by t!e Inquest Officer.
3iolation of t!e /nti-4encing 5a %$# 161"&
a. a list)inventory of t!e articles and items sub7ect of t!e offense- and
b. statement of t!eir respective value
Illegal $ossession of E*plosives %$# 1866&
a. c!emistry report duly signed by t!e forensic c!emist and
b. p!otograp! of t!e e*plosives' if readily available.
3iolation of t!e 4is!eries 5a %$# 9:2&%no 1/ 800:&
a. p!otograp! of t!e confiscated fis!' if readily available- and
b. certification of t!e ;ureau of 4is!eries and /quatic 1esources-
3iolation of t!e 4orestry 5a %$# 9:0&
a. scale s!eets containing t!e volume and species of t!e forest products confiscated' number of
pieces and ot!er important details suc! as estimated value of t!e products confiscated-
b. certification of #epartment of Environment and Natural 1esources);ureau of
4orest<anagement- and
c. sei=ure receipt. T!e submission of t!e foregoing documents s!all no absolutely be required if
t!ere are ot!er forms of evidence submitted !ic! ill sufficiently establis! t!e facts soug!t to
be proved by t!e foregoing documents.
SEC. 0.Incomplete documents
>!en t!e documents presented are not complete to establis! probable cause' t!e Inquest Officer
s!all direct t!e la enforcement agency to submit t!e required evidence it!in t!e period
prescribed under t!e provisions of /rticle 1"0 of t!e 1evised $enal Code' as amended-
ot!erise' t!e Inquest Officer s!all order t!e release of t!e detained person and' !ere t!e
inquest is conducted outside of office !ours' direct t!e la enforcement agency concerned to file
t!e case it! t!e City or $rovincial $rosecutor for appropriate action.
SEC. 6.$resence of t!e detained person.
T!e presence of t!e detained person !o is under custody s!all be ensured during t!e
proceedings. ?oever' t!e production of t!e detained person before t!e Inquest Officer may be
dispensed it! in t!e folloing cases,
a. if !e is confined in a !ospital-
b. if !e is detained in a place under ma*imum security-
c. if production of t!e detained person involve security ris@s- or
d. if t!e presence of t!e detained person is not feasible by reason of age' !ealt!' se* and ot!er
similar factors. T!e absence of t!e detained person by reason of any of t!e foregoing factors
must be noted by t!e Inquest Officer and reflected in t!e record of t!e case.
SEC. 9.C!arges and counter-c!arges
/ll c!arges and counter-c!arges arising from t!e same incident s!all' as far as practicable' be
consolidated and inquested 7ointly to avoid contradictory or inconsistent dispositions.
SEC. 8.Initial duty of t!e inquest officer
T!e Inquest Officer must first deter-mine if t!e arrest of t!e detained person as made in
accordance it! t!e provisions of paragrap!s %a& and %b& of Section 0' 1ule 11+ of t!e 1A80
1ules on Criminal $rocedure' as amended' !ic! provide t!at arrests it!out a arrant may be
effected,
a. !en' in t!e presence of t!e arresting officer' t!e person to be arrested !as committed' is
actually committing' or is attempting to commit an offense- or
b. !en an offense !as in fact 7ust been committed' and t!e arresting officer !as personal
@noledge of facts indicating t!at t!e person to be arrested !as committed it. 4or t!is purpose'
t!e Inquest Officer may summarily e*amine t!e arresting officers on t!e circumstances
surrounding t!e arrest or appre!ension of t!e detained per-son
SEC. A.>!ere arrest not properly effected
S!ould t!e Inquest Officer find t!at t!e arrest as not made in accordance it! t!e 1ules' !e
s!all,
a. recommend t!e release of t!e person arrested or detained-
b. note don t!e disposition of t!e referral document-
c. prepare a brief memorandum indicating t!e reasons for t!e action ta@en- and
d. forard t!e same' toget!er it! t!e record of t!e case' to t!e City or $rovincial $rosecutor for
appropriate action. >!ere t!e recommendation for t!e release of t!e detained person is approved
by t!e City or $rovincial $rosecutor but t!e evidence on !and arrant t!e conduct of a regular
preliminary investigation' t!e order of release s!all be served on t!e officer !aving custody of
said detainee and s!all direct t!e said officer to serve upon t!e detainee t!e subpoena or notice of
preliminary investigation' toget!er it! t!e copies of t!e c!arge s!eet or complaint' affidavits or
sorn statements of t!e complainant and !is itnesses and ot!er supporting evidence.
SEC. 1:.>!ere t!e arrest property effected
S!ould t!e Inquest Officer find t!at t!e arrest as properly effected' t!e detained person s!ould
be as@ed if !e desires to avail !imself of a preliminary investigation' if !e does' !e s!all be made
to e*ecute a aiver of t!e provisions of /rticle 1"0 of t!e 1evised $enal Code' as amended' it!
t!e assistance of a layer and' in case of non-availability of a layer' a responsible person of !is
c!oice. T!e preliminary investigation may be conducted by t!e Inquest Officer !imself or by any
ot!er /ssistant $rosecutor to !om t!e case may be assigned by t!e City or $rovincial
$rosecutor' !ic! investigation s!all be terminated it!in fifteen%10& days from its inception.
SEC. 11.Inquest proper
>!ere t!e detained person does not opt for a preliminary investigation or ot!erise refuses to
e*ecute t!e required aiver' t!e Inquest Officer s!all proceed it! t!e inquest by e*amining t!e
sorn statements)affidavits of t!e complainant and t!e itnesses and ot!er supporting evidence
submitted to !im. If necessary' t!e Inquest Officer may require t!e presence of t!e complainant
and itnesses and sub7ect t!em to an informal and summary investigation or e*amination for
purposes of determining t!e e*istence of probable cause
SEC. 1".<eaning of probable cause
$robable cause e*ists !en t!e evidence submitted to t!e Inquest Officer engenders a ell-
founded belief t!at a crime !as been committed and t!at t!e arrested or detained person is
probably guilty t!ereof.
SEC. 1+.$resence of probable cause
If t!e Inquest Officer finds t!at probable cause e*ists' !e s!all fort!it! prepare t!e
corresponding complaint)information it! t!e recommendation t!at t!e same be filed in court.
T!e complaint)information s!all indicate t!e offense committed and t!e amount of bail
recommended' if bailable. T!ereafter' t!e record of t!e case' toget!er it! t!e prepared com-
plaint)information' s!all be forarded to t!e City or $rovincial $rosecutor for appropriate action.
T!e complaint)information may be filed by t!e Inquest Officer !imself or by any ot!er /ssistant
$rosecutor to !om t!e case may be assigned by t!e City or $rovincial $rosecutor.
SEC. 12.Contents of information
T!e information s!all' among ot!ers' contain,
a. a certification by t!e filing $rosecutor t!at !e is filing t!e same in accordance it! t!e
provisions of Section 9' 1ule 11" of t!e 1A80 1ules on Criminal $rocedure' as amended' in cases
cogni=able by t!e 1egional Trial Court-
b. t!e full name and alias' if any' and address of t!e accused-
c. t!e place !ere t!e accused is actually detained-
d. t!e full names and addresses of t!e complainant and itnesses-
e. a detailed description of t!e recovered item' if any-
f. t!e full name and address of t!e evidence custodian-
g. t!e age and date of birt! of t!e complainant or t!e accused' if eig!teen %1A&years of age
or belo- and
!. t!e full names and addresses of t!e parents' custodians or guardians of t!e minor complainant
or accused' as t!e case may be.
SEC. 10./bsence of probable cause
If t!e Inquest Officer finds no probable cause' !e s!all,
a. recommend t!e release of t!e arrested or detained person-
b. note don !is disposition on t!e referral document-
c. prepare a brief memorandum indicating t!e reasons for t!e action ta@en- and
d. fort!it! forard t!e record of t!e case to t!e City or $rovincial $rosecutor for appropriate
action. If t!e recommendation of t!e Inquest Officer for t!e release of t!e arrested or detained
person is approved' t!e order of release s!all be served on t!e officer !aving custody of t!e said
detainee. S!ould t!e City or $rovincial $rosecutor disapprove t!e recommendation of release' t!e
arrested or detained person s!all remain under custody' and t!e correspond-ing
complaint)information s!all be filed by t!e City or $rovincial $rosecutor or by any /ssistant
$rosecutor to !om t!e case may be assigned.
SEC. 16.$resence at t!e crime scene
>!enever a dead body is found and t!ere is reason to believe t!at t!e deat! resulted from foul
play' or from t!e unlaful acts or omissions of ot!er persons and suc! fact !as been broug!t to
!is attention' t!e Inquest Officer s!all,
a. fort!it! proceed to t!e crime scene or place of discovery of t!e dead person-
b. cause an immediate autopsy to be conducted by t!e appropriate medico-legal officer in t!e
locality or t!e $N$ medico-legal division or t!e N;I medico-legal office' as t!e casemay be-
c. direct t!e police investigator to cause t!e ta@ing of p!otograp!s of t!e crime scene or place of
discovery of t!e dead body-
d. supervise t!e investigation to be conducted by t!e police aut!orities as ell as t!e recovery of
all articles and pieces of evidence found t!ereat and see to it t!at t!e same are safeguarded and
t!e c!ain of t!e custody t!ereof properly recorded- and
e. submit a ritten report of !is finding to t!e City or $rovincial $rosecutor for appropriate
action.
SEC. 19.Sandiganbayan cases
S!ould any complaint cogni=able by t!e Sandiganbayan be referred to an Inquest Officer for
investigation' t!e latter s!all' after conducting t!e corresponding inquest proceeding' fort!it!
forard t!e complete record to t!e City or $rovincial $rosecutor for appropriate action.