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PROSECUTOR

RULES ON PROCEDURE IN THE INVESTIGATION,


PROSECUTION AND TRIAL OF CRIMINAL CASES
SEC. 1 Criminal action. - A criminal action is one by
which the state prosecutes a person for an act or
omission punishable by law.
COMPLAINT
INQUEST PROCEEDING
DIRECT OR REGULAR FILING ( preliminary
Investigation )
How to commence criminal action through inquest
proceeding?
INQUEST PROCEEDING
Warrantless Arrest
Rule 113, Sec 5 (a) (b)
-Inflagrante delicto
-Hot Pursuit
There must be a valid warrantless arrest.
SINUMPAANG SALAYSAY
ARRESTING OFFICER
Arrest Report
BOOKING SHEET
Drugs case:
Chain of custody, inventory and
photograph ( Sec 21, RA 9165)
REFERRAL TO FISCAL FOR INQUEST
PROCEEDING
INVESTIGATION DATA FORM
PROSECUTORs Manual
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.
The inquest proceedings must be terminated
within the period prescribed under the provisions of
Article 125 of the Revised Penal Code, as amended
ARTICLE 125 OF REVISED PENAL
CODE
Art. 125. Delay in the delivery of detained persons to
the proper judicial authorities. The penalties
provided in the next preceding article shall be
imposed upon the public officer or employee who
shall detain any person for some legal ground and
shall fail to deliver such person to the proper judicial
authorities within the period of; twelve (12) hours, for
crimes or offenses punishable by light penalties, or
their equivalent; eighteen (18) hours, for crimes or
offenses punishable by correctional penalties, or their
equivalent and thirty-six (36) hours, for crimes, or
offenses punishable by afflictive or capital penalties,
or their equivalent.chanrobles virt
PENALTY UNDER RPC
Afflictive penalties (GRAVE ):
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.
Correctional penalties ( LESS GRAVE):
Prision correccional,
Arresto mayor,
Suspension,
Destierro.
Light penalties (LIGHT):
Arresto menor,
Public censure.
PENALTY UNDER RPC
Art. 27. Reclusion perpetua. Any person sentenced to any of the perpetual
penalties shall be pardoned after undergoing the penalty for thirty years, unless
such person by reason of his conduct or some other serious cause shall be
considered by the Chief Executive as unworthy of pardon.
Reclusion temporal. The penalty of reclusion temporal shall be from twelve
years and one day to twenty years.
Prision mayor and temporary disqualification. The duration of the penalties of
prision mayor and temporary disqualification shall be from six years and one day
to twelve years, except when the penalty of disqualification is imposed as an
accessory penalty, in which case its duration shall be that of the principal penalty.
Prision correccional, suspension, and destierro. The duration of the penalties
of prision correccional, suspension and destierro shall be from six months and
one day to six years, except when suspension is imposed as an accessory penalty,
in which case, its duration shall be that of the principal penalty.
Arresto mayor. The duration of the penalty of arresto mayor shall be from one
month and one day to six months.
Arresto menor. The duration of the penalty of arresto menor shall be from one
day to thirty days.
INQUEST PROSECUTOR

WHAT IS AN INQUEST?

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 be charged in court.
DUTY INQUEST PROSECUTOR
Part II SEC. 2. Designation of In quest Officer. 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 eases 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 eases.
INQUEST PROCEEDING PROPER RULE 112 Sec 6 of
Rules of Court
PROSECUTOR S MANUAL -PART II SEC. 3. Commencement and termination of
inquest.- 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:
the affidavit of arrest;
the investigation report;
the statement of the complainant and witnesses; and
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.
Required Documents during
Inquest
MURDER, HOMICIDE AND PARRICIDE
certified true/machine copy of the certificate of death of the victim; and
necropsy report and the certificate of post-mortem examination, if readily
available.

FRUSTRATED OR ATTEMPTED HOMICIDE, MURDER, PARRICIDE


AND PHYSICAL INJURIES

medical certificate of the complaining witness showing the nature or extent of the
injury;
certification or statement as to duration of the treatment or medical attendance;
and
certificate or statement as to duration of incapacity for work.
Required Documents during
Inquest
Violation of the Dangerous Drugs Law (R.A. No.6425, as amended)

a. chemistry report or certificate of laboratory examination duly


signed by the forensic chemist or other duly authorized officer. If the
foregoing documents are not available, the Inquest Officer may
temporarily rely on the field test results on the seized drug, as attested
to by a PNP Narcotics Command operative or other competent person,
in which event, the Inquest Officer shall direct the arresting officer to
immediately forward the seized drug to the crime laboratory for expert
testing and to submit to the prosecutor's office the final forensic
chemistry report within five (5) days from the date of the inquest;
b. machine copy or photograph of the buy-bust money; and
c. affidavit of the poseur-buyer, if any.
Required Documents during
Inquest
Theft and Robbery, Violation of the Anti-Piracy and Anti-Highway
Robbery Law (P.D. No.532) and Violation of the Anti-Fencing Law (P.D.
No.1612)

a) list/inventory of the articles and items subject of the offense; and b)


statement of their respective values.
Required Documents during
Inquest
Rape, Seduction and Forcible Abduction with Rape

a. the medico-legal report (living case report), if the victim submitted


herself for medical or physical examination.
Required Documents during
Inquest
Violation of the Fisheries Law (P.9. No.704)

a. photograph of the confiscated fish, if readily available; and


b. certification of the Bureau of Fisheries and Aquatic Resources
Required Documents during
Inquest
Violation of Illegal Gambling Law (P.D. No.1602)

a. gambling paraphernalia; and


b. cash money, if any.
Required Documents during
Inquest
Violation of Illegal Gambling Law (P.D. No.1602)

a. gambling paraphernalia; and


b. cash money, if any.
Required Documents during
Inquest
Violation of the Forestry Law (P.9. No.705)

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;
b. certification of Department of Environment and Natural
Resources/Bureau of Forest Management; and
c. seizure receipt.
Required Documents during
Inquest
Illegal Possession of Explosives (P.D. No.1866)

a. chemistry report duly signed by the forensic chemist; and


b. photograph of the explosives, if readily available.
Is that strictly required?
No. The submission of the foregoing documents shall
not be absolutely required if there are other forms of
evidence submitted which will sufficiently establish
the facts sought to be proved by the foregoing
documents.
How if the documents are
incomplete?
When the documents presented are not complete to
establish probable cause, the Inquest Officer shall direct
the law enforcement agency to submit the required
evidence within the period prescribed under the provisions
of Article 125 of the Revised Penal Code, as amended.
Otherwise, the Inquest Officer shall order the release of the
detained person and, where the inquest is conducted
outside of office hours, direct the law enforcement agency
concerned to file the case with the City or Provincial
Prosecutor for appropriate action.
Is presence of detained person
required ?
General Rule Yes .

Exceptions :
a. if he is confined in a hospital;
b. if he is detained in a place under maximum security;
c. if production of the detained person will involve security risks; or
d. if the presence of the detained person is not feasible by reason of age, health,
sex and other similar factors.

The absence of the detained person by reason of any of the foregoing


factors shall be noted by the Inquest Officer and reflected in the record of the
case
HOW IF THE WARRANTLESS
ARREST IS NOT PROPER?
SEC. 9. where arrest not properly effected. - Should the
Inquest Officer find that the arrest was not made in
accordance with the Rules, he shall;

a. recommend the release of the person arrested or detained;


b. note down the disposition on the referral document;
c. prepare a brief memorandum indicating the reasons for the
action taken; and
d.forward the same, together with the record of the case, to
the City or Provincial Prosecutor for appropriate action.
REMEDIES FOR DETAINED PERSON
Section 6 of Rule 112 of ROC
WAIVER OF ART 125 of RPC for Preliminary
Investigation.
After 5 days upon filing of Information, he may ask for
Preliminary Investigation to the Court.
WAIVER Of ART 125 of RPC
15 days
( Preliminary Investigation

Can he post bail during the Preliminary


Investigation? Where?
INFORMATION
REGULAR, ORDINARY OR DIRECT FILING OF
COMPLAINT
TWO WAYS:
THROUGH Criminal Investigation Unit of Police
Station
Directly filed before the Office of the City Prosecutor
Complaint filed before Police
Investigator how does commence?
First Step is COMPLAINT DESK
Second Step
( Incident Report Form and blotter)
Third Step:
Second Step:
Fourth step: Investigation Proper
Statement taking
Fifth Step:Referral Request to
Prosecutor
Investigation Data Form
Upon receipt of complaint

If there is a ground to
continue the investigation ?
Preliminary Investigation proper:
If there is ground?
-Subpoena to respondent to submit counter
-Notice to complainant to submit reply
-Notice to submit rejoinder just in case.
SUBPOENA ?
COUNTER AFFIDAVIT
CLARIFICATORY QUESTIONS
RESOLUTION
INFORMATION
JURISDICTION
MTC
Exclusive original jurisdiction over all violations of city or municipal
ordinances committed within their respective territorial jurisdiction

2. Exclusive original jurisdiction over all offenses punishable with


imprisonment not exceeding 6 years, regardless of the fine or other accessory penalties
and civil liability

3. Offenses involving damage to property through criminal negligence

4. In cases where the only penalty provided by law is a fine, it has


exclusive jurisdiction over offenses punishable by a fine not exceeding P4000

5. In election offenses, cases involving failure to register or failure to vote

6. Special jurisdiction to hear and decide petitioners for a writ of habeas corpus or
application for bail in the province or city where the RTC judge is absent

7. Cases involving BP 22Bouncing Checks Law


JURISDICTION
Family COURT
RA 8369 Section 5
a) Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than
nine (9) years of age but not less than nine (9) years of age or where one or more of the victims is a
minor at the time of the commission of the offense: Provided, That if the minor is found guilty, the
court shall promulgate sentence and ascertain any civil liability which the accused may have incurred.
VENUE
Where the act or omission is committed. Venue is
jurisdictional.