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Attached hereto for the information and guidance of all concerned is the
New Rules on Inquest which was prepared by a Committee constituted under
Department Order No. 43, dated February 2, 1993, supervised by Undersecretary
Ramon S. Esguerra, chaired and co-chaired by City Prosecutor JESUS F.
GUERRERO of Manila and Provincial Prosecutor MAURO M. CASTRO of
Rizal, respectively, with Assistant Chief State Prosecutor NILO C. M ARIANO,
Regional State Prosecutor CLARO A. ARELLANO, State Prosecutor
HERNANDO MASANGKAY, State Prosecutor ROGELIO F. VISTA, and
Prosecutor III APOLINARIO BRUSELAS, JR., as members, and approved by the
undersigned.
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SECTION 2. Designation of Inquest Officers. — The City or
Provincial Prosecutor 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, however, there is only one Prosecutor in the area,
all inquest cases shall be referred to him for appropriate action.
The Inquest Officer shall, as far as practicable, cause the affidavit of arrest
and statements/affidavits of the complainant and the witnesses to be subscribed
and sworn to before him by the arresting officer and the affiants.
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Frustrated or Attempted Homicide, Murder, Parricide and Physical Injuries Cases
Theft and Robbery Cases, Violation of the Anti-Piracy and Anti-Highway Robbery
Law (PD 532) and Violation of the Anti-Fencing Law (PD 1612)
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c) other evidence of ownership.
a) scale sheets containing the volume and species of the forest products
confiscated, number of pieces and other important details such as
estimated value of the products confiscated;
c) seizure receipt.
However, the production of the detained person before the Inquest Officer
may be dispensed with in the following cases:
a) if he is confined in a hospital;
b) when an offense has in fact just been committed, and the arresting
officer has personal knowledge of facts indicating that the person to
be arrested has committed it.
For this purpose, the Inquest Officer may summarily examine the arresting
officers on the circumstances surrounding the arrest or apprehension of the
detained person.
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SECTION 9. Where Arrest Not Properly Effected. — Should the
Inquest Officer find that the arrest was not made in accordance with the Rules, he
shall:
d) forward the same, together with the record of the case, to the City or
Provincial Prosecutor for appropriate action.
SECTION 11. Inquest Proper. — Where the detained person does not
opt for a preliminary investigation or otherwise refuses to execute the required
waiver. the Inquest Officer shall proceed with the inquest by examining the sworn
statements affidavits of the complainant and the witnesses and other supporting
evidence submitted to him.
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cause. IEHSDA
b) the full name and aliases, if any, and address of the accused;
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SECTION 15. Absence of Probable Cause. — If the Inquest Officer
finds probable cause, he shall:
If the recommendation of the Inquest Officer for the release of the arrested
or detained person is approved, the order of release shall be served on the officer
having custody of the said detainee.
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SECTION 17. Sandiganbayan Cases. — Should any complaint
cognizable by the Sandiganbayan be referred to an Inquest Officer for
investigation, the latter shall, after conducting the corresponding inquest
proceeding, forthwith forward the complete record to the City or Provincial
Prosecutor for appropriate action.
The said articles must be properly deposited with the police evidence
custodian and not with the police investigator. caITAC
The Inquest Officer shall ensure that the items recovered are duly
safeguarded and the chain of custody is properly recorded.
e) the said articles are not the instruments, or tools in the commission
of the offense charged nor the proceeds thereof; and
APPROVED:
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(SGD.) FRANKLIN M. DRILON
Secretary
Footnotes
1. 12 hours for light offenses; 18 hours for less grave offenses; and 36 hours for
grave offenses.
2. See NPS Form No. 1.
3. See NPS Form No. 2.
4. Go vs. Court of Appeals, 206 SCRA 138; Umil, et al. vs. Ramos, 202 SCRA 251
and companion cases: People vs. Malmstedt, 198 SCRA 401; and People vs.
Aminudin, 163 SCRA 402.
5. See NPS Form No. 2.
6. See NPS Form No. 3.
7. See NPS Form No. 4.
8. See NPS Form No. 2.
9. See NPS Form No. 5.
10. See NPS Form No. 6.
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Endnotes
1 (Popup - Popup)
ACT 3815
PD 532
PD 533
PD 704
PD 705
PD 1602
PD 1612
PD 1866
RA 6425
RA 6539
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