KNOW YOUR RIGHTS: ON INQUEST INVESTIGATIONS

Someone calls you and in a panicked voice tells you that a person has been caught,
arrested without a warrant of arrest, and is now detained at the police station. He
asks what should be done.
The first thing to ask is the time when he was arrested and then detained, and the
number of hours that has lapsed since then. This is important because if the person
has been detained for far too long without the complainant or the police authorities
having immediately lodged a complaint against him and caused to be initiated an
investigation, then he should be released. Article 125 of the Revised Penal Code
deems it unlawful, and thus penalizes, delay in the delivery of detained persons to
the proper authorities (12 hours for crimes or offenses punishable by light penalties,
18 hours for crimes or offenses punishable by correctional penalties or their
equivalent, and 36 hours for crimes or offenses punishable by capital penalties or
their equivalent).
If however the person was subjected to an inquest investigation before the lapse of
any of the said periods, then some important matters must be taken into account.
The person will be brought for inquest investigation. This 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. The conduct of such
investigation covers all offenses under the Revised Penal Code and special laws,
rules and regulations, unless a minor is involved, in which case, only those offenses
punishable by imprisonment of not less than six years and one day are covered.
Note that, no inquest investigation may be conducted involving a minor without first
referring the arrested/detained minor to the local DSWD for proper disposition
pursuant to Republic Act No. 9344, otherwise known as Juvenile Justice and Welfare
Act of 2006.
Inquest investigations may be conducted at any time of the week, but only during
the hours of the designated assignments of the assigned inquest prosecutors. They
may be conducted at the police station or at the office of the inquest prosecutor.
The persons presence is generally required during the inquest proceedings, except
if he is in the hospital, detained in a place under maximum security, if his presence
will involve maximum security risk or if his presence is not feasible by reason of
age, health, sex, and other similar factors.
The inquest proceedings shall commence upon receipt by the inquest prosecutor of
the affidavit of arrest executed by the arresting officer, the investigation report, the
sworn statements of the complainant and the witnesses, and other supporting
pieces of evidence.

When the documents are insufficient to establish probable cause to file a case in
court, the inquest prosecutor shall direct the arresting officers to complete the
same, but still within the period prescribed under Article 125 of the Revised Penal
Code. Failure to do so shall constrain the inquest prosecutor to order the release of
the detained person.
After determining completeness of documents, the inquest prosecutor will then
determine if the arrest without a warrant was validly effected, by summarily
examining the arresting officers on the circumstances surrounding the arrest or
apprehension. Should he find that the warrantless arrest was not validly effected, he
shall recommend the release of the detained person and prepare a resolution
indicating the reasons for the action taken.
However, should the inquest prosecutor find that the arrest was properly effected,
then he shall ask the detained person if he desires to avail himself of a preliminary
investigation. If he does, the detained person, with the assistance of a lawyer, will
be made to execute a waiver of the provisions of Article 125 of the Revised Penal
Code, and a preliminary investigation will then be conducted, which investigation
will be terminated within fifteen days from inception.
If the detained person does not wish to avail himself of a preliminary investigation,
then the inquest prosecutor will continue with the proceedings, and will issue a
Resolution either dismissing the complaint or finding probable cause and
recommending the filing of an Information with the court.
The detained person may apply for and post bail before the filing of an Information
without being deemed to have waived his right to a preliminary investigation. In
such a case, the inquest prosecutor will simply issue a certification that the person
arrested is being charged for an offense in an inquest proceeding and specifying the
recommended bail therefor. Also, if there are recovered articles belonging to the
detained person, he may file a written request for the release of the said articles
and file the same with the inquest prosecutor.