Everything you ought to know about inquest proceedings

2. “At the outset, it cannot be overemphasized that the prosecuting officer is the
representative not of an ordinary party to a controversy, but of a sovereignty
whose obligation to govern impartially is as compelling as its obligation to
govern at all; and whose interest, therefore, in a criminal prosecution is not that
it shall win a case, but that justice shall be done. As such, he is in a peculiar and
very definite sense the servant of the law, the twofold aim of which is that guilt
shall not escape or innocence suffer. He may prosecute with earnestness and
vigor― indeed, he should do so. But, while he may strike hard blows, he is not
at liberty to strike foul ones. It is as much his duty to refrain from improper
methods calculated to produce a wrongful conviction as it is to use every
legitimate means to bring about a just one.” - Separate Concurring Opinion of Associate Justice(now Chief
Justice)Maria Lourdes P.A. Sereno in Antonio Lejano v. People of the Philippines,G.R.No.176389,December 14,2010

3. Criminal prosecutions have always been a very difficult balancing act for
the state. While the state, through its representatives, are mandated to
ensure that those who have transgressed societal norms are brought to
trial and be made to suffer to the fullest extent of the law, it is also
important to ensure that the innocent must not be unduly burdened by
criminal prosecution. Bearing this in mind, public prosecutors have a
heavy burden to ensure that only the guilty are prosecuted and
sentenced. One way to ensure a just conviction is to ensure that evidence
presented during trial must be credible, reliable and relevant. Further,
such conviction must also be made in an efficient and prompt manner as
to lessen any possible discomfort and pain to an accused if only to
breathe life to the constitutional presumption of innocence.

4. Unlike other countries where law enforcement agencies are integrated with the prosecutorial arm of the government,
in the Philippines, the prosecutor relies on other parties to provide evidence to prove a criminal case. The Revised
Rules of Criminal Procedure are quite clear on this matter. A criminal case is instituted either by (a) filing a
complaint before the proper office for preliminary investigation or (b) by filing a complaint or information directly
with the Municipal Trial Courts and Municipal Circuit Trial Courts or a complaint before the Office of the public
prosecutor. In cases where preliminary investigation is required, a complaint is usually filed before the Office of the
Public Prosecutor either by the private complainant or any peace officer usually the Philippine National Police and
the National Bureau of Investigation. During preliminary investigation, these parties as well as the respondents to the
criminal case are to submit to the public prosecutor their respective evidence to establish or negate the existence of
probable cause. The Supreme Court in Ang-Abaya v.Ang, (G.R.No.178511, December 4, 2008) defined probable
cause as:
“such facts as are sufficient to engender a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof. It is such a state of facts in mind of the prosecutor as would lead a
person of ordinary caution and prudence to believe or entertain an honest or strong suspicion that a thing is
so. The term does not mean ‘active or positive cause; 'nor does it import absolute certainty. It is merely
based on opinion and reasonable belief ”
*A Preliminary Investigation is required to be conducted where the penalty prescribed by law of the offense is at least four(4) years,
two (2)months and one(1) day without regard to fine. (See Rule 112,Section 1,Revised Rules of Criminal Procedure)

5. It is in the preliminary investigation where the public prosecutor will at first-hand see and scrutinize the evidence
presented by all parties concerned. These pieces of evidence may be Object Evidence, Documentary Evidence or
Testimonial Evidence. All these are taken into consideration to see whether there is probable cause to indict the
accused and file an Information in court for the conduct of a full-blown trial.
In cases where the accused was arrested without a warrant of arrest, the public prosecutor shall conduct an inquest
rather than a preliminary investigation to determine whether to file the case in court. For this purpose, the inquest
officer shall receive evidence.
Lastly, in cases when no preliminary investigation is required due to the penalty imposable for the crime charged or
the location, the private offended party shall file a complaint before the first level court attaching the evidence
necessary to support the charge.
When probable cause exists, it is the duty of the public prosecutor to file the necessary Information in Court and
prosecute the case. Subsequently, the authority to determine how the case shall be prosecuted rests solely on the
discretion of the public prosecutor who has the sole control of the case. The public prosecutor can dictate what
evidence to present and when to present them. However, when an Information is filed in court the dismissal or
conviction of the criminal case does not depend on the public prosecutor, but now, it rests solely on the wise
disposition of the court

6. 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.
• the rule on inquest is found in Rule 112, Section 7 of the Revised Rules on Criminal Procedure. When a
person is lawfully arrested without warrant involving an offense which requires a preliminary investigation,
where the offense is at least four years, two months and one day, the complaint or information may be filed
by a prosecutor without need of a preliminary investigation provided an inquest has been conducted in
accordance with existing rules. 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.
• Before the complaint or information is filed by the prosecutor, the person arrested may ask for a preliminary
investigation but he or she must sign a waiver of the provision of Article 125 of the Revised Penal Code, as
amended, in the presence of his counsel. Article 125 provides penalties against the public officer or
employee who shall delay in the delivery of detained persons to the proper judicial authorities within the
period of: 12 hours, 18 hours, or 36 hours, depending on the gravity of the offense. Notwithstanding the
waiver, the person arrested may apply for bail and the investigation must be terminated within 15 days from
its inception.

7. 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
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.
*12 Hours for light offenses; 18 hours for less grave offenses; and 36 hours for grave offenses.

9. An AFFIDAVIT OF ARREST is generally filled out
by the arresting officer and states the facts and circumstances
surrounding an arrest. The affidavit may state such facts as the
information which led to the arrest and the observations made
before and after the arrest occurred.

15. PERIOD WITHIN WHICH TO FILE COMPLAINT
FOR INQUEST:
12 Hours for light offenses;
18 hours for less grave offenses; and
36 hours for grave offenses.
ARTICLE 9. (Revised Penal Code) Grave Felonies,
Less Grave Felonies and Light Felonies. — GRAVE
FELONIES are those to which the law attaches the
capital punishment or penalties which in any of their
periods are afflictive, in accordance with article 25 of
this Code.
LESS GRAVE FELONIES are those which the law
punishes with penalties which in their maximum
period are correctional, in accordance with the
abovementioned article.
LIGHT FELONIES are those infractions of law for the
commission of which the penalty of arresto menor or
a fine not exceeding 200 pesos or both, is provided.
Article 25. Penalties which may be imposed. -
The penalties which may be imposed according to
this Code, and their different classes, are those
included in the following:
Scale
Principal Penalties Capital punishment:
•Death.
Afflictive penalties:
•Reclusion perpetua,
•Reclusion temporal,
•Perpetual or temporary absolute disqualification,
•Perpetual or temporary special disqualification,
•Prision mayor.
Correctional penalties:
•Prision correccional,
•Arresto mayor,
•Suspension,
•Destierro.
Light penalties:
•Arresto menor,
•Public censure.

16. SEC. 4. Documents required in specific cases. - The Inquest Officer shall, as far as practicable, require the
submission/presentation of the documents listed below, to wit:
Murder, Homicide and Parricide
a) certified true/machine copy of the certificate of death of the victim; and
b) necropsy report and the certificate of post-mortem examination, if readily available.
Frustrated or Attempted Homicide, Murder, Parricide and Physical Injuries
a) medical certificate of the complaining witness showing the nature or extent of the injury;
b) certification or statement as to duration of the treatment or medical attendance; and
c) certificate or statement as to duration of incapacity for work.
Illegal Possession of Explosives (P.D. No.1866)
a) chemistry report duly signed by the forensic chemist; and
b) photograph of the explosives, if readily available.
xxx-xxx-xxx

17. The submission of the foregoing documents shall not be absolutely 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 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 will involve security risks; or
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 shall be noted by the Inquest Officer and
reflected in the record of the case.

18. SEC. 8. Initial duty of Inquest Officer. - The Inquest Officer shall first determine
if the arrest of the detained person was made in accordance with 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
person.

19. 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 on 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.
Where the recommendation for the release of the detained person is approved by the City or Provincial
Prosecutor but the evidence on hand warrants 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.

20. SEC. 10. WHERE ARREST PROPERLY EFFECTED. - Should the inquest Officer find that the arrest was
properly effected, the detained person shall be asked if he desires to avail himself of a preliminary investigation and,
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.
*Such responsible person may be a parent, elder brother or sister, spouse, the municipal mayor, the municipal judge, district school
supervisor, or priest/minister of the gospel as chosen by him (Sec. 2 (d) RA 7438, An Act Defining Rights of Person Arrested, Detained
or under Custodial Investigation)
Where the detained person does not opt for a or otherwise refuses to
execute the required waiver, proceed with the inquest by examining the
sworn the complainant and the witnesses and other supporting
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.

21. 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 complaint/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.

22. In Arroyo vs Sandiganbayan, G.R. No. 210488, January 27, 2020, the Supreme Court explained
probable cause, thus:
Probable cause is defined as 'the existence of such facts and circumstances as would excite the
belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the
person charged was guilty of the crime for which he was prosecuted. In Ganaden v.
Ombudsman, this Court explained the nature of a finding of probable cause, thus:
[A] finding of probable cause needs only to rest on evidence showing that more likely than
not a crime has been committed and there is enough reason to believe that it was
committed by the accused. It need not be based on clear and convincing evidence of guilt,
neither on evidence establishing absolute certainty of guilt. A finding of probable cause
merely binds over the suspect to stand trial. It is not a pronouncement of guilt.
The term does not mean "actual and positive cause" nor does it import absolute certainty.
It is merely based on opinion and reasonable belief . . . . . Probable cause does not
require an inquiry into whether there is sufficient evidence to procure a
conviction. (Emphasis in the original)

23. Credits:
DOJ Manual for Porsecutors
BUILDING A CRIMINAL CASE IN THE PHILIPPINES: PROBLEMS,INSIGHTS AND PROPOSALS
by: Atty. Severino H.Gana,Jr.
(efaidnbmnnnibpcajpcglclefindmkaj/https://www.unafei.or.jp/publications/pdf/RS_No95/No95_VE_G
ana1.pdf)