Inquest Procedures (DOJ Circular No.

61, 1993)Evidence Needed for an

Inquest ProceedingsSECTION 1.Concept
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Inquest is an informal and summary investigation con-ducted 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 deter-mining whether or not
said persons should remain under custody and correspondingly be charged in court.
SEC. 2.Designationof Inquest Officers
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The City or Provincial Prosecutor shall designate the Prosecutors assigned to inquest
duties and shall furnish the Philippine National Police (PNP) alist 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 policestations/headquarters of the PNP in order to expedite and facilitate the
disposition of inquest cases.
SEC. 3.Commencement and Termination of Inquest
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The inquest proceedings shall be considered commenced 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 complainant and witnesses; andd. other supporting
evidence gathered by the police in the cou
rse of the latters
investigation of the criminal incident involving the arrested or detained person.
Theinquest Officer shall, as far as practicable, cause the affidavit of arrest
andstatements/affidavits of the complainant and the witnesses to be subscribed and
sworn tobefore him by the arresting officer and the affiants. The inquest
proceedings must beterminated within the period prescribed under the provisions of
Article 125 of theRevised Penal Code, as amended. *
SEC. 4.Particular Documents Required in Specific Cases
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The submission, presentation of the documents listed herein below should as far as
practicable, be required in the following casesby the Inquest Officer.
Violation of the Anti-Fencing Law (PD 1612)
a. a list/inventory of the articles and items subject of the offense; andb. statement
of their respective value
Illegal Possession of Explosives (PD 1866)
a. chemistry report duly signed by the forensic chemist andb. photograph of the
explosives, if readily available.
Violation of the Fisheries Law (PD 704)(now RA 8550)
a. photograph of the confiscated fish, if readily available; andb. certification of the
Bureau of Fisheries and Aquatic Resourc