Inquest Proceedings

Sec. 6. When accused lawfully arrested without warrant. – When a person is lawfully
arrested without a warrant involving an offense which requires a preliminary
investigation, the complaint or information may be filed by a prosecutor without need
of such 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, the person arrested may ask for a
preliminary investigation in accordance with this Rule, but he must sign a waiver of
the provision of Article 125 of the Revised Penal Code, as amended, in the presence
of his counsel. Notwithstanding the waiver, he may apply for bail and the
investigation must be terminated within fifteen (15) days from its inception.

After the filing of the complaint or information in court without a preliminary

investigation, the accused may, within five (5) days from the time he learns of its
filing, ask for a preliminary investigation with the same right to adduce evidence in
his defense as provided in this Rule.

NOTES:

Section 6 is called INQUEST PROCEEDINGS, related to Rule 113, Section 5

[a] and [b] onwarrantless arrest. Inquests proceedings follow in cases
where persons are arrested without the benefit of an arrest order or warrant,
or are caught in the act of committing a criminal offense.

Only offenses that would require preliminary investigation will have to

go through inquest. Those not requiring preliminary investigation need not
go through an inquest proceeding.

Here, there is no need for preliminary investigation because there is a

deadline for the accused to be detained. Otherwise the peace officer will be
guilty of arbitrary detention – delay in the delivery.

The purpose of the inquest proceedings in these cases is that while the state
acknowledges the law enforcers’ authority to arrest and detain persons
without a warrant, the state must also ensure that these persons are not
unlawfully detained, and that they are not denied due process. The inquest
establishes whether the evidence is sufficient enough to seek court approval
to keep the person in detention.
Prosecutors have a heavy burden to oversee police investigations in cases
involving inquest proceedings (DOJ Circular 61 on New Rules on Inquest).
Each police station or headquarters should in principle also have designated
inquest prosecutors to process inquest procedures with a schedule of
assignments for their regular inquest duties.

The inquest requires the prosecutors to resolve the complaint the police filed
in a prescribed period, which varies depending on the gravity of the offense.
Cases punishable with light penalties must be resolved in 12 hours; those
punishable with correctional penalties within 18 hours; and those punishable
by afflictive or capital penalties, within 36 hours. If the inquest prosecutor
fails to complete the proceedings in the prescribed period then the person
must be released. - http://www.article2.org

How should the complaint or information be filed when the accused

is lawfully arrested without warrant?

The complaint or information may be filed by a prosecutor without need for a

preliminary investigation provided an inquest proceeding has been
conducted in accordance with existing rules. (Sec. 6, Rule 112, Rules of
Court)

Suppose there is no inquest prosecutor? Or there is an inquest

prosecutor but he is not available, what will happen now to the
case?

In the absence of an inquest prosecutor, the offended party or any peace

officer may file the complaint directly in court on the basis of the affidavit of
the offended party or peace officer. (Sec. 6, Rule 112, Rules of Court)

What is an inquest?

An inquest is an informal and summary investigation conducted by a public

prosecutor in a criminal case involving persons arrested and detained
without the benefit of a warrant of arrest issued by the court for the purpose
of determining whether said persons should remain under custody and
correspondingly charged in court. (Section 1, DOJ Circular No. 61)
What is the remedy of the person arrested without warrant if he
wants a preliminary investigation?

BEFORE the complaint or information is filed, he may ask for one provided
that he signs a waiver of his rights under Article 125 of the Revised Penal
Code in the PRESENCE of his counsel. He may still apply for bail in spite of
the waiver. The investigation must be terminated within 15 days.

● Correlate this with Section 2 [e] of RA 7438 – Law Protecting Rights of

Persons under custody – i.e. he must be assisted by his counsel. Otherwise
the waiver is not valid.

AFTER the complaint of information is filed but before arraignment, the

accused may, within 5 days from the time he learns of its filing, ask for a
preliminary investigation. (Sec. 6, Rule 112, Rules of Court)

●The request for preliminary investigation should be made before

plea, otherwise the right to ask for a preliminary investigation shall be
deemed waived.

● The period for filing a motion for preliminary investigation after an

information has been filed against an accused who was arrested without a
warrant has been characterized as mandatory by the court. In People vs
Figueroa, the Supreme Court held that as the accused in that case did not
exercise his right within the five-day period, his motion for reinvestigation
was denied.

What are the guidelines to safeguard the rights of an accused who

has been arrested without a warrant?

1. The arresting officer must bring the arrestee before the inquest
prosecutor to determine whether the person should remain in custody and
charged in court or if he should be released for lack of evidence or for
further investigation.

2. The custodial investigation report shall be reduced to writing, and before

such report is signed or thumbmarked if the person arrested or detained
does not know how to read and write, it shall be read and adequately
explained to him by his counsel or by the assisting counsel provided by the
investigating officer in the language or dialect known to him, otherwise, such
investigation report shall be null and void and of no effect whatsoever. (DOJ
Circular No. 61)