Pre-Trial and Trial Techniques
Pre-Trial and Trial Techniques
Pre-Trial and Trial Techniques
Crime committed in
flagrante delicto
INQUEST
DIRECT FILING
File in Court
Refer for
Further
Documentation Investigation
of the
Arrest Law Inquest Dismiss Case
Enforcement Conduct P.I.
in view of
Waiver of
Article 125
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 (New Rules on Inquest, DOJ
Department Circular No. 61 (September 21, 1993),
Sec 1 cited in Leviste vs. Alameda, 626 SCRA 575
[(2010)].
Inquest Scenarios
Referred to
For Filing in Not proper Case
Further
Court for Inquest Dismissed
Investigation
How many How many How many How many
hours? hours? hours? hours?
For P.I.
Subject
for RFI
“Delay in the Delivery of Detained Persons to the Proper
Judicial Authorities” Art. 125 RPC
12 HOURS FOR
LIGHT
OFFENSE
18 HOURS FOR
LESS GRAVE
OFFENSE
36 HOURS FOR
GRAVE OFFENSES
COMMENCEMENT OF INQUEST PROCEEDINGS
is
different from personal knowledge. The rule requires
that the arrest immediately follows the commission of
the offense (People vs. Manlulu, G.R. No. 102140,
April 22, 1994)
• A waiver of the provisions of Art. 125 of the
Revised Penal Code signed by the arrested
person so he can avail of a preliminary
investigation, allows the authorities to detain a
person arrested without a warrant beyond the
periods specified under Article 125 within which
they are required to deliver a person arrested
without warrant to the proper judicial authorities.
(IBP vs. DOJ, Provincial Prosecutor's Office et. al.,
GR. No. 232413, July 25, 2017)
INQUEST SUMMARY
Inquest No. :
Complainant :
Respondent :
Crime :
Date Assigned/Date of Inquest :
Date Submitted for Review :
Date Returned by the Inquest Chief
for correction/Finalization :
RESOLUTION
( ) FOR FILING: There was lawful arrest under Sec. 5, Rule 113, of
the Rules of Criminal Procedure and evidence is sufficient to hold
respondent/s for trial in Court for the following offenses:
( ) CASE DISMISSED/WITHDRAWN
APPROVED BY AUTHORITY
OF THE CITY PROSECUTOR:
Invalid Arrest
DOJ Circulars
Insanity
• See Padua and Pimentel vs. People, GR No. 220913, Feb 4, 2019)
Custody of the law is required before the court can act upon application
for bail but it is not required for the adjudication of other reliefs sought by
the accused. In criminal cases, jurisdiction over the person of the
accused is deemed waived when he files any pleading seeking an
affirmative relief, except when he invokes special jurisdiction of the court
by impugning such jurisdiction over his person.
• DOJ’s Bail Bond Guide shall be considered but
shall not be controlling (Sec 1, A.M. No. 12-11-2-
SC, May 1, 2014)
Pre- Trial
• Mandatory in Criminal Cases