6. Inquest

When accused is lawfully arrested without warrant

General Rule: No complaint or information shall be filed for an offense which is penalized by imprisonment of at least 4 years, 2 months and 1 day without Preliminary Investigation.

Exception: In case a person is ARRESTED WITHOUT A WARRANT, a complaint or information may only be filed after an inquest is conducted in accordance with existing rules (Rule 112, Sec. 7).

Definition

Inquest 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 charged in court. (DOJ Department Circular No. 61, 1993)

Conducted by Inquest Prosecutor

The inquest is conducted by a public prosecutor who is assigned inquest duties as an Inquest Officer and is to discharge his duties, unless otherwise directed, only at the police stations/headquarters of the PNP in order to expedite and facilitate the disposition of inquest cases. (Sec. 2, Part II, Manual for Prosecutors).

General Rule: Detained person should be present during inquest proceedings.

Exception: When reasons exist that would dispense with his presence like confinement in a hospital, detention in a place requiring maximum security or his presence is not feasibly by reason of age, health or similar factors (Sec. 6, Part II, Manual for Prosecutors).