September 21, 1993

DOJ CIRCULAR NO. 61

TO : All Regional, State, Provincial, and City Prosecutors, and their Assistants
SUBJECT : The New Rules on Inquest
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.
This Circular supersedes Department Circular No. 5, dated March 1, 1981, and such other issuances inconsistent herewith.
This Circular shall take effect immediately.

(SGD.) FRANKLIN M. DRILON

Secretary

NEW RULES ON INQUEST

SECTION 1. Concept. — 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. cDSaEH

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.
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 cases.
SECTION 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:
a) the affidavit of arrest;
b) the investigation report;
c) the statement of the complainant and witnesses; and
d) 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.
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. 1
SECTION 4. Particular Documents Required in Specific Cases . — The submission/presentation of the documents listed
hereinbelow should, as far as practicable, be required in the following cases by the Inquest Officer:
Murder, Homicide and Parricide
a) certified true/machine copy of the certificate of death of the victim; and
b) necropsy report and the certificate of post-mortem examination, if readily available.
Frustrated or Attempted Homicide, Murder, Parricide and Physical Injuries Cases
a) medical certificate of the complaining witness showing the nature or extent of the injury;
b) certification or statement as to duration of the treatment or medical attendance; and
c) certificate or statement as to duration of incapacity for work.
Violations of the Dangerous Drugs Law (R.A. 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 (NARCOM) 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. ISTECA

b) machine copy or photograph of the buy-bust money; and

c) affidavit of the poseur-buyer, if any.
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)
a) a list/inventory of the articles and items subject of the offense; and
b) statement of their respective value.
Seduction and Forcible Abduction with Rape Cases
a) the medico-legal report (living case report), if the victim submitted herself for medical or physical examination.
Violation of the Anti-Carnapping Law (R.A. 6539)
 a) machine copy of the certificate of motor vehicle registration;
b) machine copy of the current official receipt of payment of the registration fees of the subject motor vehicle; and
c) other evidence of ownership.
Violation of the Anti-Cattle Rustling Law (P.D. 533)
a) machine copy of the cattle certificate of registration; and
b) photograph of the cattle, if readily available.
Violation of Illegal Gambling Law (P.D. 1602)
a) gambling paraphernalia; and
b) cash money, if any.
Illegal Possession of Explosives (P.D. 1866)
a) chemistry report duly signed by the forensic chemist; and
b) photograph of the explosives, if readily available.
Violation of the Fisheries Law (P.D. 704)
a) photograph of the confiscated fish, if readily available; and
b) certification of the Bureau of Fisheries and Aquatic Resources.
Violation of the Forestry Law (P.D. 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 EHcaDT

c) seizure receipt.
The submission of the foregoing documents shall not absolutely be required if there are other forms of evidence submitted
which will sufficiently establish the facts sought to be proved by the foregoing documents.
SECTION 5. Incomplete Documents. — 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; 2 otherwise, the Inquest Officer shall order the release of the
detained person 3 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.
SECTION 6. Presence of the Detained Person . — The presence of the detained person who is under custody shall be ensured
during the proceedings.
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) 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 must be noted by the Inquest Officer and reflected
in the record of the case.
SECTION 7. Charges and Counter-Charges. — All charges and counter-charges arising from the same incident shall, as far as
practicable, be consolidated and inquested jointly to avoid contradictory or inconsistent dispositions.
SECTION 8. Initial Duty of the Inquest Officer. — The Inquest Officer must first determine if the arrest of the detained
person was made in accordance with the provisions of paragraphs (a) and (b) of Section 5, Rule 113 of the 1985 Rules on Criminal
Procedure, as amended, which provide that arrests without a warrant may be effected: 4
a) when, in the presence of the arresting officer, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense: or
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.
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:
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.
Where the recommendation for the release of the detained person is approved by the City or Provincial Prosecutor but the
evidence on hand warrant the conduct of a regular preliminary investigation, the order of release shall he served on the officer
having custody of said detainee and shall direct the said officer to serve upon the detainee the subpoena or notice of preliminary
investigation, together with the copies of the charge sheet or complaint, affidavits or sworn statements of the complainant and his
witnesses and other supporting evidence. 5
SECTION 10. Where Arrest Properly Effected. — Should the Inquest Officer find that the arrest was properly effected, the
detained person should be asked if he desires to avail himself of a preliminary investigation and, if he does, he shall be made to
execute a waiver of the provisions of Article 125 of the Revised Penal Code, as amended, with the assistance of a lawyer and, in case
of non-availability of a lawyer, a responsible person of his choice. 6 The preliminary investigation may be conducted by the Inquest
Officer himself or by any other Assistant Prosecutor to whom the case may be assigned by the City or Provincial Prosecutor, which
investigation shall be terminated within fifteen (15) days from its inception.
cIaHDA
 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.
If necessary, the Inquest Officer may require the presence of the complainant and witnesses and subject them to an informal
and summary investigation or examination for purposes of determining the existence of probable cause. IEHSDA

SECTION 12. Meaning of Probable Cause. — Probable cause exists when the evidence submitted to the Inquest Officer
engenders a well-founded belief that a crime has been committed and that the arrested or detained person is probably guilty thereof.
SECTION 13. Presence of Probable Cause. — If the Inquest Officer finds that probable cause exists, he shall forthwith
prepare the corresponding complaint/information with the recommendation that the same be filed in court. The
complaint/information shall indicate the offense committed and the amount of bail recommended, if bailable.
Thereafter, the record of the case, together with the prepared complaint/information, shall be forwarded to the City or
Provincial Prosecutor for appropriate action.
The complaint/information may be filed by the Inquest Officer himself or by any other Assistant Prosecutor to whom the case
may be assigned by the City or Provincial Prosecutor.
SECTION 14. Content of Information. — The information shall, among others, contain:
a) a certification by the filing Prosecutor that he is filing the same in accordance with the provisions of Section 7, Rule 112
of the 1985 Rules on Criminal Procedure, as amended, in cases cognizable by the Regional Trial Court; 7
b) the full name and aliases, if any, and address of the accused;
c) the place where the accused is actually detained;
d) the full names and addresses of the complainant and witnesses;
e) a detailed description of the recovered items, if any;
f) the full name and address of the evidence custodian;
g) the age and date of birth of the complainant or the accused, if eighteen (18) years of age or below; and
h) the full name and addresses of the parents, custodians or guardians of the minor complainant or accused, as the case
may be.
SECTION 15. Absence of Probable Cause. — If the Inquest Officer finds probable cause, he shall:
a) recommend the release of the arrested or detained person; 8
b) note down his disposition on the referral document;
c) prepare a brief memorandum indicating the reasons for the action taken; and
d) forthwith forward the record of the case to the City or Provincial Prosecutor for appropriate action.
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.
Should the City or Provincial Prosecutor disapprove the recommendation of release, the arrested or detained person shall
remain under custody, and the corresponding complaint/information shall be filed by the City or Provincial Prosecutor or by any
Assistant Prosecutor to whom the case may be assigned.
SECTION 16. Presence at the Crime Scene. — Whenever a dead body is found and there is reason to believe that the death
resulted from foul play, or from the unlawful acts or omissions of other persons and such fact has been brought to his attention, the
Inquest Officer shall:
a) forthwith proceed to the crime scene or place of discovery of the dead person;
b) cause an immediate autopsy to be conducted by the appropriate medico-legal officer in the locality or the PNP medico-
legal division or the NBI medico-legal office, as the case may be;
c) direct the police investigator to cause the taking of photographs of the crime scene or place of discovery of the dead body;
IcHSCT

d) supervise the investigation to be conducted by the police authorities as well as the recovery of all articles and pieces of
evidence found thereat and see to it that the same are safeguarded and the chain of the custody thereof properly
recorded; and
e) submit a written report of his finding to the City or Provincial Prosecutor for appropriate action.
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.
SECTION 18. Recovered Articles. — The Inquest Officer shall see to it that all articles recovered by the police at the time of
the arrest or apprehension of the detained person are physically inventoried, checked and accounted for with the issuance of
corresponding receipts by the police officer/investigator concerned.
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.
SECTION 19. Release of Recovered Articles . — The Inquest Officer shall, with the prior approval of the City or Provincial
Prosecutor or his duly authorized representative, order the release 9 of recovered articles to their lawful owner or possessor, subject
to the conditions that:
a) there is a written request for release; 10

b) the person requesting the release of said articles is shown to be the lawful owner or possessor thereof;
c) the requesting party undertakes under oath to produce said articles before the court when so required;
d) the requesting party, if he is a material witness to the case, affirms or reaffirms his statement concerning the case and
undertakes under oath to appear and testify before the court when so required;
e) the said articles are not the instruments, or tools in the commission of the offense charged nor the proceeds thereof; and
f) photographs of said articles are first taken and duly certified to by the police evidence custodian as accurately
 representing the evidence in his custody.
APPROVED:

(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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