- The inquest was conducted

by Atty. Rico A. Orendain,

the assistant Provincial
Prosecutor, upon the sub-
mission of the of the
following documents by the
Sumilao PNP:
a. Affidavit of arrest
b. Investigation report
c. Statement of the
Complainant
d. Other evidences

-The private complainant made

her appearance before the
Inquest Officer.

- Atty. Orendain asked

series of questions to the
Private complainant in the
language known to the latter
and used a visual aide to make
the proceeding easy to
understand.

-The detained person was

then called for questioning
along with a police officer.
-The police officer said that the
arrest was by virtue a hot
pursuit.

-Atty. Orendain asked the

detained person if he wanted
a preliminary investigation to
be conducted and directed him
to proceed to the Public
Attorneys Office.
- It is a summary investigation,
conducted by a Prosecutor
in criminal cases where a
person has been lawfully
arrested without warrant
of arrest to determine the
existence of probable cause.

-The initial duty of the Inquest

officer is to determine if the
detained person has been
arrested lawfully in accordance
with sec. 5 (a) and (b) of Rule
113 of the Rules of Court.

-Commenced upon the time

the inquest Officer receives
the complaint and referral
documents from the law
enforcement authorities.

- The detained person should

be present during the inquest
proceeding unless reasons
exist that would dispense with
his presence.

-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 Article 125 of the
Revised Penal Code.

-If probable cause exists, the

Inquest officer shall prepare
the corresponding information
with the recommendation that
the same be filed in court. If
no probable cause is found, he
shall recommend the release
of the detained person.
 -There were
some
inconsistencie
s of the
written
statement of
the
complainant
compared to
the interview
done during
the inquest.

-The
warrantless
arrest was not
upon a hot
pursuit as said
by the atty.
Orendain
contrary to
the statement
of the police
officer since
the person
detained
actually
surrendered
on the same
day of the
commission of
the offense.
RULE 116

-Arraignment is the formal

mode of implementing the
constitutional right of the
accused to be informed of
the nature and cause of the
accusation filed against him.

-It is mandatory that the

accused must be arraigned
with the presence of his
counsel.

-Arraignment must be done

in the court where the
complaint or information
was filed.

-It shall be made in an open

Court by the Judge or Clerk
By furnishing the accused
with a copy of the complaint,
reading the same in the lan-
guage or dialect known to
him and asking whether he
pleads guilty or not guilty.

-The accused must be present

and personally enter his plea.
-The private offended party
shall be required to appear at
the arraignment in case there
is a plea bargaining, determi-
nation of civil liability and other
matters requiring his presence.
RULE 48

-The court, at any time

during the pendency of a
case may call on both
parties and their counsel to
a preliminary conference to
consider possible amicable
settlement, to define,
simplify and clarify
issues for determination,
to formulate stipulation
of facts and admission of
exhibits, limit number of
witnesses and to take up
other matters which may
aid the court in prompt
disposition of the case.

-The proceeding shall be

recorded accordingly.

-The case was called by the

Clerk of Court

-The Lawyers made their

Appearance; Prosecutor
Atty. Irish Tumampas-
Panganiban for the complainant
and Atty. Voltaire C. Mojica for
the accused from the Public
Attorneys Office.

-The Clerk of Court asked the

accused to stand and read the
complaint or information in
the language known to the
accused(Cebuano).

-The Clerk of Court then asked

the accused how does he plead,
the accused pleaded not guilty.

-The honourable Judge Lao

acknowledged the plea of the
accused and set the dates for
Pre-trial. The counsel of the
accused was ordered to submit a
Pre-Trail brief three days before
the pre-trial date.

-The counsel of the accused

manifested that the Private
complaint who is a relative of the
accused would like to withdraw
the case. Prosecutor asked if she
may be allowed to confer with
her client.

-The Judge ordered the Private

complainant to execute an
affidavit of desistance.
-The Parties appeared before
the court with their respective
counsel.

-The Prosecutor, with the

permission of the Honourable
Judge, moved for the stipulation
of facts, identity of the accused,
the authenticity and existence
of the chemistry report, and the
admission and marking of docu-
mentary exhibits.

-The counsel of the accused

admitted no exhibit and submit-
ted the accused and seven other
persons as witnesses.

-The honourable Judge then

set the date for pre-trial.