Académique Documents
Professionnel Documents
Culture Documents
WHAT IS AN INQUEST?
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.
DUTY INQUEST PROSECUTOR
Part II SEC. 2. Designation of In quest Officer. 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 eases shall be referred to
him for appropriate action.
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 eases.
INQUEST PROCEEDING PROPER RULE 112 Sec 6 of
Rules of Court
PROSECUTOR S MANUAL -PART II 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:
the affidavit of arrest;
the investigation report;
the statement of the complainant and witnesses; and
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.
Required Documents during
Inquest
MURDER, HOMICIDE AND PARRICIDE
certified true/machine copy of the certificate of death of the victim; and
necropsy report and the certificate of post-mortem examination, if readily
available.
medical certificate of the complaining witness showing the nature or extent of the
injury;
certification or statement as to duration of the treatment or medical attendance;
and
certificate or statement as to duration of incapacity for work.
Required Documents during
Inquest
Violation of the Dangerous Drugs Law (R.A. No.6425, as amended)
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
c. seizure receipt.
Required Documents during
Inquest
Illegal Possession of Explosives (P.D. No.1866)
Exceptions :
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.
If there is a ground to
continue the investigation ?
Preliminary Investigation proper:
If there is ground?
-Subpoena to respondent to submit counter
-Notice to complainant to submit reply
-Notice to submit rejoinder just in case.
SUBPOENA ?
COUNTER AFFIDAVIT
CLARIFICATORY QUESTIONS
RESOLUTION
INFORMATION
JURISDICTION
MTC
Exclusive original jurisdiction over all violations of city or municipal
ordinances committed within their respective territorial jurisdiction
6. Special jurisdiction to hear and decide petitioners for a writ of habeas corpus or
application for bail in the province or city where the RTC judge is absent