do circular 61_new rule on inquest

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Copyright 2010 CD Technologies Asia, Inc. Philippine Laws Premium Edition 2009 1

(1)

September 21, 1993

DOJ CIRCULAR NO. 61

TO : All Regional, State, Provincial, and City Prosecutors, and

their Assistants

SUBJECT : The New Rules on Inquest

Attached hereto for the information and guidance of all concerned is the

New Rules on Inquest which was prepared by a Committee constituted under

Department Order No. 43, dated February 2, 1993, supervised by Undersecretary

Ramon S. Esguerra, chaired and co-chaired by City Prosecutor JESUS F.

GUERRERO of Manila and Provincial Prosecutor MAURO M. CASTRO of

Rizal, respectively, with Assistant Chief State Prosecutor NILO C. M ARIANO,

Regional State Prosecutor CLARO A. ARELLANO, State Prosecutor

HERNANDO MASANGKAY, State Prosecutor ROGELIO F. VISTA, and

Prosecutor III APOLINARIO BRUSELAS, JR., as members, and approved by theundersigned.

This Circular supersedes Department Circular No. 5, dated March 1, 1981,

and such other issuances inconsistent herewith.

This Circular shall take effect immediately.

(SGD.) FRANKLIN M. DRILON

Secretary

NEW RULES ON INQUEST

SECTION 1. Concept . — 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. cDSaEH




SECTION 2. Designation of 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.

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.

SECTION 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 documentswhich 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. 1

SECTION 4. Particular Documents Required in Specific Cases. —

The submission/presentation of the documents listed hereinbelow should, as far as

practicable, be required in the following cases by the Inquest Officer:

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 Cases

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.

Violations of the Dangerous Drugs Law (R.A. 6425, as amended)

a) chemistry report or certificate of laboratory examination duly signed

by the forensic chemist or other duly authorized officer. If the

foregoing documents, are not available, the Inquest Officer maytemporarily rely on the field test results on the seized drug, as

attested to by a PNP Narcotics Command (NARCOM) operative or

other competent person, in which event, the Inquest Officer shall

direct the arresting officer to immediately forward the seized drug to

the crime laboratory for expert testing and to submit to the

prosecutor's office the final forensic chemistry report within five (5)

days from the date of the inquest. ISTECA

b) machine copy or photograph of the buy-bust money; and

c) affidavit of the poseur-buyer, if any.

Theft and Robbery Cases, Violation of the Anti-Piracy and Anti-Highway Robbery

Law (PD 532) and 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.

Seduction and Forcible Abduction with Rape Cases

a) the medico-legal report (living case report), if the victim submitted

herself for medical or physical examination.

Violation of the Anti-Carnapping Law (R.A. 6539)

a) machine copy of the certificate of motor vehicle registration;

b) machine copy of the current official receipt of payment of the

registration fees of the subject motor vehicle; and




c) other evidence of ownership.

Violation of the Anti-Cattle Rustling Law (P.D. 533)

a) machine copy of the cattle certificate of registration; and

b) photograph of the cattle, if readily available.

Violation of Illegal Gambling Law (P.D. 1602)

a) gambling paraphernalia; and

b) cash money, if any.

Illegal Possession of Explosives (P.D. 1866)

a) chemistry report duly signed by the forensic chemist; and

b) photograph of the explosives, if readily available.

Violation of the Fisheries Law (P.D. 704)

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 (P.D. 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 EHcaDT

c) seizure receipt.

The submission of the foregoing documents shall not 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.

SECTION 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;2

otherwise, the Inquest Officer shall order the release of the detained




person 3 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.

SECTION 6. Presence of the Detained Person. — The presence of thedetained 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 must be noted by the Inquest Officer and reflected in the record of the case.

SECTION 7. Charges and Counter-Charges. — All charges and

counter-charges arising from the same incident shall, as far as practicable, be

consolidated and inquested jointly to avoid contradictory or inconsistentdispositions.

SECTION 8. Initial Duty of the Inquest Officer. — The Inquest

Officer must first determine 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: 4

a) when, in the presence of the arresting officer, the person to be

arrested has committed, is actually committing, or is attempting tocommit 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.




SECTION 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 isapproved 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. 5

SECTION 10. Where Arrest Properly 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 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. 6 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. cIaHDA

SECTION 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. IEHSDA

SECTION 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.

SECTION 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.

SECTION 14. Content of Information. — The information shall, among

others, contain:

a) a certification by the filing Prosecutor that he is filing the same inaccordance 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; 7

b) the full name and aliases, 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;

e) a detailed description of the recovered items, 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 (18) years of age or below; and

h) the full name and addresses of the parents, custodians or guardians

of the minor complainant or accused, as the case may be.




SECTION 15. Absence of Probable Cause. — If the Inquest Officer

finds probable cause, he shall:

a) recommend the release of the arrested or detained person;8

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


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.

SECTION 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;

c) direct the police investigator to cause the taking of photographs of the crime scene or place of discovery of the dead body; IcHSCT

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





SECTION 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 ProvincialProsecutor for appropriate action.

SECTION 18. Recovered Articles. — The Inquest Officer shall see to it

that all articles recovered by the police at the time of the arrest or apprehension of

the detained person are physically inventoried, checked and accounted for with the

issuance of corresponding receipts by the police officer/investigator concerned.

The said articles must be properly deposited with the police evidence

custodian and not with the police investigator. caITAC

The Inquest Officer shall ensure that the items recovered are duly

safeguarded and the chain of custody is properly recorded.

SECTION 19. Release of Recovered Articles. — The Inquest Officer

shall, with the prior approval of the City or Provincial Prosecutor or his duly

authorized representative, order the release 9 of recovered articles to their lawful

owner or possessor, subject to the conditions that:

a) there is a written request for release; 10

b) the person requesting the release of said articles is shown to be the

lawful owner or possessor thereof;

c) the requesting party undertakes under oath to produce said articles

before the court when so required;

d) the requesting party, if he is a material witness to the case, affirms or

reaffirms his statement concerning the case and undertakes under

oath to appear and testify before the court when so required;

e) the said articles are not the instruments, or tools in the commission

of the offense charged nor the proceeds thereof; and

f) photographs of said articles are first taken and duly certified to by

the police evidence custodian as accurately representing the evidence

in his custody.

APPROVED:




(SGD.) FRANKLIN M. DRILON

Secretary

Footnotes

1. 12 hours for light offenses; 18 hours for less grave offenses; and 36 hours for

grave offenses.

2. See NPS Form No. 1.


4. Go vs. Court of Appeals, 206 SCRA 138; Umil, et al. vs. Ramos, 202 SCRA 251

and companion cases: People vs. Malmstedt , 198 SCRA 401; and People vs.

Aminudin, 163 SCRA 402.










Endnotes

1 (Popup - Popup)

ACT 3815

PD 532

PD 533

PD 704

PD 705

PD 1602

PD 1612

PD 1866

RA 6425

RA 6539