Inquest- is an informal and summary investigation conducted by the

public prosecutor in criminal cases involving persons arrested issued by

the court for the purpose of determining whether or not such persons
should remain under custody and correspondingly be charged in court.(
Section 1, Part II, DOJ Manual for Prosecutors, p.8)
 Inquest proceedings have the following elements, to wit:
 A. The proceedings is informal and summary in nature;
 B. It is conducted by the public prosecutors;
 C. It involves persons arrested and detained without a warrant of arrest
is issued by the court; and
 D. Its purpose is to determine whether or not such person should
remain in custody and thereafter be charged in court.
 Inquest Officers

 Sec. 2. Designation of Inquest Officers.

 The city or Provincial Prosecutors 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 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.’’
 Designation of Prosecutors as Inquest Officers

 The City or Provincial Prosecutors has the authority to designate as to who among his
assistants should render inquest duties. He can designate one, two, or more; or all of his
assistants to render inquest duties depending on the number of assistant city/ provincial
prosecutors he has in the office and Inquest duties shall rendered on weekdays and
weekends.

 The City or Provincial Prosecutors may also direct his assistants to discharge their duties
at the prosecution office, rather than at the police station/ headquarters. Inquest duties
shall be rendered from Monday to Friday during regular office hours, from 8:00 AM to
12:00 Noon; and from 1:00 PM to 5:00 PM.

 During weekends (Saturday and Sundays), arrangements may be made with the
commanders of the PNP stations/ headquarters with regard to the availability of inquest
prosecutors designated by the City/ Provincial Prosecutors to render inquest duties in
their stations/ headquarters.
 Inquest Officer must be neutral

 The inquest proceedings, like court proceedings, is subject to the requirements of due
process.

 An indispensible requirement of due process is that the person who presides and decide
over a proceedings, like an Inquest to proceeding, must possess the cold neutrality of an
impartial judge as the Inquest Officer is discharging a quasi-judicial function.

 Thus, if the inquest Officer suffers form any personal circumstances that may impair his
neutrality or impartiality to resolve a case he is investigating, he may voluntarily inhibit
himself, or in the alternative, a motion to disqualify or to inhibit him may be filed before
the City or Provincial Prosecutor. But the said motion must be filed or made, and the
same must be acted upon, within the periods stated in Article 125 of the Revised Penal
Code.
 How inquest is commenced

 Sec. 3. Commencement x x x x x x x of Inquest. – The Inquest proceedings shall be

considered as commencement 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 complain 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 statement/
affidavits of the complainant and the witnesses to be subscribed and sworn to before him
by the arresting officer and the affiants.’’
 To commence the inquest proceedings, the person/s arrested must be brought to, and the
pertinent documents must be filed with, the office of the City/ Provincial Prosecutors.

 The “ affidavit of arrest or apprehension “ is an important document which shall be

submitted as the same contains the written declaration of the policemen or the private
persons concerned as to how the arrest was actually made or effected. The averments
therein would determine as to whether or not the detained person should be released
pending the conduct of a preliminary investigation if proper.

 The words “ statement of the complainant and his witnesses “ refers to the Affidavit-
Complaint of the Complainant, and the separate affidavits of his witness.

 The Accused may, within five(5) days from the time he learns of the filing of the case, ask
for a preliminary investigation with the right to adduce evidence in his defense.