CUSTODIAL INVESTIGATION

Read the following statement aloud:

"I am under arrest. I have a right to remain silent. Anything I say can and will be used against me in a court of law. I have the right to talk to a lawyer and have him/her present with me while I question myself. If I cannot afford to hire a lawyer, one will be appointed to represent me, if I wish one, before I question myself. If I decide to make a statement, I may stop at any time."

The Philippines was once under the colonial rule of the United States by virtue of the

Commonwealth. After the Commonwealth, the Philippines was on its own but the American

influence lived on.In the legal system, American influence is

evident on how American jurisprudence has helped enrich the Philippine legal system. One

doctrine we adopted was the Miranda Warnings.

The Philippine version of the Miranda Doctrine basically provides that:

1. A person in custody must be informed at the outset in clear and unequivocal terms that he has the right to remain silent; and that anything he says can and will be used against him in a court of law;

2. He has the right to an attorney and if he can’t secure one, a lawyer shall be appointed to represent him. His right to counsel is available at any stage of the interrogation even if he initially consents to giving any information without the assistance of counsel.

EFFECT IF NOT OBSERVEDIf the above is not observed, it renders all evidence obtained therefrom to be inadmissible in court, being the “fruit of a poisonous tree”. It is therefore imperative that these rights are read to the person in custody prior to being subjected to questioning.

The Fruit of the Poisonous Tree Doctrine – all evidence (the fruit) derived from an illegal search (the poisonous tree) must be suppressed, whether it was obtained directly through the illegal search itself, or indirectly using information obtained in the illegal search

EFFECT IF NOT OBSERVED

“But For” Test – or taint doctrine; the evidence would not have come to light but for the illegal action of the police.

Inadmissible because of the Irregularity

Now it is an established rule that the Miranda Doctrine does not have to be read out in every arrest being made by police officers. It is however a must that if the person is already taken into police custody and the police carries out a process of interrogation upon the person arrested in custody and he is already being asked incriminating questions, his Miranda Rights must be read him.

So the constitution does not require recital of the Miranda Ruling upon the arrest? What do you think?

CITE CONSTITUITONAL BASIS

Sec. 12: (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

Custodial Investigation

Section 12(1) , Article III of the 1987 Constitution embodies the mandatory protection afforded to a person under custodial investigation for the commission of a crime and the correlative duty of the State and its agencies to enforce such mandate.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

Republic Act No. 9745 (“R.A. 9745”) or the “Anti-Torture Act of 2009,” which was enacted on 10 November 2009 specifically to curb and punish torture (physical and mental) and other cruel, inhuman and degrading treatment or punishment inflicted by a person in authority or agent of a person in authority upon another person in his/her custody.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.

RATIONALE

To put the accused on equal footing with the State…..

-"in custody" - includes deprivation or mere restriction on physical liberty

Custodial Investigation – investigation conducted by law enforcer immediately after arrest

Supreme Court Meaning of Custodial Investigation

••

Custodial investigation • involves any questioning initiated by law enforcement

officers • after a person has been taken into custody or

otherwise deprived of his freedom of action in any significant way.

It is only after the investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a particular suspect, the suspect is taken into custody, and the police carries out a process of interrogations that lends itself to eliciting incriminating statements that the rule begins to operate.• (People v. Marra, 236 SCRA 565)

WHAT DOES CUSTODIAL INVESTIGATION PRESUPPOSE?

This presupposes that he is suspected of having committed a crime and that the investigator is trying to elicit information or a confession from him.

WHEN DOES THE RULE ON CUSTODIAL INVESTIGATION BEGIN TO APPLY?

The rule begins to operate at once, as soon as the investigation ceases to be a general inquiry into an unsolved crime, and direction is aimed upon a particular suspect who has been taken into custody and to whom the police would then direct interrogatory questions which tend to elicit incriminating statements.

SUPPOSE THE SUSPECT WENT TO THE POLICE STATION AND NARRATED EVENTS FREELY? IS HE CONSIDERED UNDER POLICE INVESTIGATION?

YES OR NO? WHY?

IS THERE A DIFFERENCE BETWEEN THE RIGHTTO COUNSEL DURING THE CUSTODIAL

INVESTIGATION AND THE RIGHT TO COUNSEL DURING TRIAL?

Yes. During the trial, the right to counsel

means the right to effective counsel. During trial, the purpose of the counsel is not so much to protect the accused from being forced to confess, but rather is to defend the accused.

On the other hand, a custodial investigationhas stricter requirements. A custodial

investigation requires the presence of a competent and independent counsel, who is

preferably the accused’s own choice.

Furthermore, the right to counsel could only be waived in writing and in the presence of counsel.

• A custodial investigation take note is not done in public, hence the danger that confessions

will be extracted against the will of the defendant during the custodial investigation.

This danger doesn't really exist during trial since the latter is done in public.

TWO VIEWS AS TO WHEN CUSTODIAL INVESTIGATION BEGINS:

• Restrictive View - limited to in-custody interrogations as when the accused has been arrested and brought to the custody of the police for questioning

• Expanded View – contemplates two situations: (1) general inquiry as to identification, circumstances of a crime without focus on any particular suspect; and (2) suspicion is focused on a particular person and questions are asked from him to elicit admissions or information.

**Under the expanded view, general inquiry as to identification, like in a police line-up, is notconsidered part of “custodial investigation” hence the accused may be identified by a witness in a police line-up even if made not in the presence of counsel

Custodial Investigation

The Supreme Court prescribes the following steps after informing the suspect of his rights:

1. The investigator should ask the suspect whether, after being informed of the cause of the indictment against him, he wants and is willing to give a statement of his version;

2. In the affirmative, the suspect should next be asked if he has a lawyer to assist him;

Custodial Investigation

3. If he answers he wanted a counsel but could not afford to secure one, he should asked if he wanted one to be appointed for him.

If the investigator fails to pursue these questions before taking down the suspect’s statement, there would be no effective waiver of his rights to remain silent and to counsel. ( Gamboa v. Cruz, 162 SCRA 642)

Instances Where the Constitutional Procedures on Custodial Investigation

Do Not Apply

1. A police line up is not considered part of any custodial inquest because it is conducted before that stage.

People v. Dimaano

– robbery with homicide – A police line-up is not part of the custodial inquest so at this stage, they have no right to counsel yet. They are not being held to answer for criminal offense for which they are being charged or convicted.

Instances Where the Constitutional Procedures on Custodial Investigation

Do Not Apply

2. A suspect’s confession to a media personnel or confidante is admissible and not covered by the exclusionary rule provided the mediaman or confidante was not acting for the police.

Extrajudicial Confessions to Mayor and Media Admissible

People vs. Andan, G.R. No. 116437, March 3, 1997

Thus, it has been held that the constitutional procedures on custodial investigation do not apply to a spontaneous statement, not elicited through questioning by the authorities, but given in an ordinary manner whereby appellant orally admitted having committed the crime.

What the Constitution bars is the compulsory disclosure of incriminating facts or confessions. The rights under Section 12 are guaranteed to preclude the slightest use of coercion by the state as would lead the accused to admit something false, not to prevent him from freely and voluntarily telling the truth. Hence we hold that appellant's confession to the mayor was correctly admitted by the trial court.

Appellant's confessions to the media werelikewise properly admitted. The confessionswere made in response to questions by newsreporters, not by the police or any otherinvestigating officer. We have held thatstatements spontaneously made by a suspectto news reporters on a televised interview aredeemed voluntary and are admissible inevidence.

3. Custodial rights of a person are not available when he volunteers statements without being asked.

Constitutional procedure on custodial investigation does not apply to spontaneous statement, not elicited through questions by authorities, but given in an ordinary manner whereby the accused orally admitted having committed the crime.

4. Statements given by the suspect to his employer or the latter’s personnel and private detectives, in the absence of governmental interference, because the Bill of Rights governs relations between the State and individual, not relations between private individuals.

5. Spontaneous statement not elicited through questioning, but given in an ordinary manner (spur-of-the-moment statements) – res gestae

6. Extrajudicial admission to the prosecutor or a private person

Q: COA auditor investigated certain anomalies in the accounts of a government agency. He questioned X, a public employee therein, without benefit of counsel. Are X’s statements admissible?

A: Yes. A COA auditor is not a law enforcer.

• A: Yes. A COA auditor is not a law enforcer.

Q: Miguel, an AFP major,arrested B and questionedhim without benefit ofcounsel. Admissible?

• A: Yes. An AFP member is not a law enforcer.

The Philippine Army's main functions include training and organizing army forces to conduct combat operations and execute national defense plans. It is the country's primary defense on land.

LIST OF LAW ENFORCEMENT AGENCIES IN THE PHILIPPINES

Office of the President– Presidential Security Group (PSG)– Philippine Drug Enforcement Agency (PDEA)– Metropolitan Manila Development Authority – Traffic

Enforcement Division (MMDA-TED)

• Department of Interior and Local Government– Philippine National Police– Bureau of Jail Management and Penology (BJMP)– Bureau of Fire Protection [1] (BFP)

• Department of Justice– National Bureau of Investigation (NBI)– Bureau of Immigration—Law Enforcement Division [2] (BI-LED)

• Department of Transportation and Communications– Philippine Ports Authority – Port Police Department (PPA-PPD)– Land Transportation Office – Law Enforcement Service (LTO-LES)– Office for Transportation Security (OTS)– Philippine Coast Guard (PCG)

• Department of Finance– Bureau of Internal Revenue (BIR)

• Collection Enforcement Division (CED)• Enforcement Service (ES)• Large Taxpayers Collection and Enforcement Division (LTCED)

– Bureau of Customs—Enforcement Group [3] (BOC-EG)

• Department of Trade and Industry– Consumer Welfare and Trade Regulation Group [4] (DTI-CWTRG)

• Department of Environment and National Resources– Law Enforcement and Licenses Division (DENR-LELD)

Q: H, a police officer, and husband of W, saw the latter cheating on him with her paramour. The paramour was able to escape while W was detained by H and then questioned. Later, H filed a case for adultery against W and used her statement as evidence. Admissible?

• A: Yes. Even if H is a police officer, the time when he questioned W, his wife, he was not acting in his official capacity as a police officer but in his personal capacity as her husband.

Q: X, the accused in a case for rape, was asked to provide the police investigating team with samples of his DNA. He did so without assistance of counsel. Admissible?

A: Yes. The act of providing samples for identification is a mere mechanical act, not covered by the right against self-incrimination.

Q: If in the above case, X was also made to sign booking sheets and police reports, also without counsel. Admissible?

A: No. Handwriting is not a mere mechanical act.

RIGHT TO REMAIN SILENT

- Refers not only to testimonial confessions but also to acts but does not apply to acts that are merely mechanical (does not require use of intelligence) or to general questions

e.g. What is your name? Right to remain silent?

MECHANICAL ACTS:

• Paraffin test

• DNA test

• Examination of physical body

• Fingerprinting

• Being asked to step on a footprint to compare foot size

NOT MECHANICAL:

• Handwriting

• Initials on marked money

• Signing of inventory receipts in search warrant (see People vs. Go)

Reenactment of the crime by the accused is covered by the constitutional procedure on custodial investigation

RIGHT TO INDEPENDENT AND COMPETENT COUNSEL

- absolute, even if accused himself is a lawyer

“Independent” - counsel is not hampered with any conflicts of interest

“Competent” - counsel who is vigilant in protecting the rights of accused

Accused must be apprised of his rights under custodial investigation

Custodial Investigation

The right to counsel, (1) the right to an independent and competent counsel of one’s choice and (2) the right to police or court appointed counsel, as the case may be, where the accused is unable to retain one.

This right attaches as soon as individual becomes the focus and object of police interrogation.

Mere Perfunctory Reading of Miranda Warnings not Enough

There was thus only a perfunctory reading of the Miranda rights to accused-appellant without any effort to find out from him whether he wanted to have counsel and, if so, whether he had his own counsel or he wanted the police to appoint one for him.

This kind of giving of warnings, in several decisions of this Court, has been found to be merely ceremonial and inadequate to transmit meaningful information to the suspect. Especially in this case, care should have been scrupulously observed by the police investigator that accused-appellant was specifically asked these questions considering that he only finished the fourth grade of the elementary school.

Independent Counsel

Moreover, Art. III, §12(1) requires that counsel assisting suspects in custodial interrogations be competent and independent. Here, accused-appellant was assisted by Atty. De los Reyes, who, though presumably competent, cannot be considered an "independent counsel" as contemplated by the law for the reason that he was station commander of the WPD at the time he assisted accused-appellant.

NOTA BENE:

• The right to counsel attaches upon investigation, that is, when the investigation officer starts to ask question to elicit information or confession or admission. In case of waiver of rights, the same must be done in writing and in the presence of counsel.

A legal officer of a city cannot qualify as “independent” counsel. As to who has burden of proving the voluntariness of the confession and that the constitutional safeguards have been complied with, the prosecution has the burden of proof.

If admission is made before a private person, then it is admissible even if done without assistance of counsel.

STATUTORY REQUIREMENTS FOR CUSTODIAL INVESTIGATION

Rights of Persons Arrested, Detained or Under CustodialInvestigation; Duties of Public Officers.

(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.

STATUTORY REQUIREMENTS FOR CUSTODIAL INVESTIGATION

(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer.

STATUTORY REQUIREMENTS FOR CUSTODIAL INVESTIGATION

(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is signed, or thumbmarked if the person arrested or detained does not know how to read and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or detained person, otherwise, such investigation report shall be null and void and of no effect whatsoever.

STATUTORY REQUIREMENTS FOR CUSTODIAL INVESTIGATION

(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding.

STATUTORY REQUIREMENTS FOR CUSTODIAL INVESTIGATION

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or under custodial investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise the waiver shall be null and void and of no effect.

STATUTORY REQUIREMENTS FOR CUSTODIAL INVESTIGATION

(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, or by any national non-governmental organization duly accredited by the Commission on Human Rights of by any international non-governmental organization duly accredited by the Office of the President.

STATUTORY REQUIREMENTS FOR CUSTODIAL INVESTIGATION

WHO ARE THE IMMEDIATE FAMILIES?

The person's "immediate family" shall include his or her spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.

STATUTORY REQUIREMENTS FOR CUSTODIAL INVESTIGATION

As provided for in Sec. 2, R.A. 7438, custodialinvestigation includes the practice of issuing an"invitation" to a person who is investigated inconnection with an offense he is suspected to havecommitted. This shall be without prejudice to theliability of the "inviting" officer for any violation of law.

PENALTIES

(a) Any arresting public officer or employee, or any investigating officer, who fails to informany person arrested, detained or under custodial investigation of his right to remain silent and to have competent and independent counsel preferably of his own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who has been previously convicted of a similar offense. (Sec. 4 Republic Act No. 7438)

The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of such investigating officer or in his place, who fails to provide a competent and independent counsel to a person arrested, detained or under custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel. (Sec. 4 Republic Act No. 7438)

(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a person arrested, detained or under custodial investigation, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, from visiting and conferring privately with him, or from examining and treating him, or from ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00) (Sec. 4 Republic Act No. 7438)

INQUEST PROCEEDINGS

WHAT IS 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.

COVERAGE OF INQUEST

1. All offenses covered under the Revised Penal Code and special laws, rules and regulations; and

COVERAGE OF INQUEST

2. Where the respondent is a minor (below 18 years old), the inquest investigation shall cover only offenses punishable by imprisonment of not less than six (6) years and one (1) day, provided that no inquest investigation shall be conducted unless the child-respondent shall have first undergone the requisite proceedings before the Local Social Welfare Development Officer pursuant to the Rules on Inquest with Respect to Children in Conflict With the Law (CICL).

VENUE OF INQUEST CASES

Unless otherwise directed by the Chief State Prosecutor or the Provincial/City 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 or at the office of the Inquest Prosecutor in order to expedite and facilitate the disposition of inquest cases.

DATE AND TIME OF CONDUCT OF INQUEST PROCEEDINGS

Inquest proceedings may be conducted at any time of the week. However, where an inquest falls on a non-working day, Saturday, Sunday and Holiday, and a prosecutor is not available, the inquest proceedings shall be conducted on the first HOUR of the office day following the arrest.(Medina vs. Orozco, Jr., 18 SCRA 1168)

COMMENCEMENT OF THE INQUEST

PROCEEDINGS

1. When Commenced

The inquest proceedings shall be considered commenced upon receipt by the inquest prosecutor of the following documents:

a) the affidavit of arrest duly subscribed and sworn to before him by the arresting officer;

COMMENCEMENT OF THE INQUEST

PROCEEDINGS

b.) The investigation report;

c.) The sworn statements of the complainant/s and witness/es; and

d.) Other supporting pieces of evidence gathered by the police in the course of the latter’s investigation of the criminal incident involving the arrested or detained person.

(NOTE: The sworn complaint shall be accompanied by an accomplished Preliminary Investigation Data Form and other supporting documents)

COMMENCEMENT OF THE INQUEST

PROCEEDINGS

2. Documents Required in Specific Cases

The inquest prosecutor shall, as far as practicable, require the submission/presentation of the documents listed below to wit:

a) Violation of the Dangerous Drugs Law/Comprehensive Dangerous Drugs Act of 2002 (RA 9165)

COMMENCEMENT OF THE INQUEST

PROCEEDINGS

Chemistry Report or certificate of laboratory examination duly signed by the forensic chemist or other duly authorized officer, or if unavailable, the field test results on the seized drug, as attested to by a PNP Narcotics Command Operative or other competent person, in which case, the inquest prosecutor shall direct the arresting officer to immediately forward the seized drug to the crime laboratory for expert testing and to submit the final forensic chemistry report to the prosecutor’s office within five (5) days from the date of the inquest;

COMMENCEMENT OF THE INQUEST

PROCEEDINGS

Machine copy or photograph of the buy-bust money, if available;

Chain of Custody Report,

Blotter and

Affidavit of the poseur-buyer, if any.

COMMENCEMENT OF THE

INQUEST PROCEEDINGS

• Murder, Homicide and Parricide

Certified true/machine copy of the certificate of death of the victim;

Autopsy report and the certificate of post-mortem examination, if readily available; and

Marriage certificate in parricide cases.

COMMENCEMENT OF THE

INQUEST PROCEEDINGS

Theft / Robbery/Violation of the Anti-piracy/ Anti-Highway Robbery Law/ Violation of Anti-Fencing Law

A list/inventory of the articles and items subject of the offense; and

Statement of their respective values

Illegal Possession of Firearms, Ammunitions and Explosives

Chemistry report duly signed by the forensic chemist; and

Photograph of the explosives, if readily available

Ballistic report, if readily available

COMMENCEMENT OF THE

INQUEST PROCEEDINGS

• Violation of RA 9262

Marriage contract/certificate;

Affidavit/evidence of “dating relationship”, if applicable; and

Barangay protection order (BPO), if any.

COMMENCEMENT OF THE

INQUEST PROCEEDINGS

• In case where the victim is a minor, the inquest prosecutor shall require the submission of the following:

Birth certificate; or

Dental chart accompanied by a certification from the dentist; or

Affidavits of any of the parent/disinterested parties;

certificate of discernment from the LSWD in cases covered By RA 9344 (the Juvenile Justice and Welfare Act)

COMMENCEMENT OF THE INQUEST

PROCEEDINGS

3. Incomplete Documents

When the documents presented are not complete to establish probable cause, the inquest prosecutor shall direct the law enforcement authorities to submit in the proper form, the required evidence within the period prescribed under the provisions of Article 125 of the Revised Penal Code, as amended. Failure to submit the required evidence within the periods prescribed shall constrain the inquest prosecutor to order the release of the detained person.

COMMENCEMENT OF THE INQUEST

PROCEEDINGS

4. Instances Where the Presence of the Detained Person is Dispensed With

The presence of the detained person who is under custody shall be ensured during the proceedings. His presence may, however, be dispensed wit h in the following cases:

COMMENCEMENT OF THE INQUEST

PROCEEDINGS

– If he is confined in a hospital;

– If he is detained in a place under maximum security

– If production of the detained person will involve security risks

COMMENCEMENT OF THE INQUEST

PROCEEDINGS

The absence of the detained person for any of the foregoing reasons shall be noted by the inquest prosecutor and reflected in the record of the case.

If the presence of the detained person is not feasible

INQUEST1. Starts when prosecutor receives the affidavit of arrest, investigator’s report, and sworn statements of complainant and witnesses. If possible, death certificate and autopsy report should also be submitted.

2. Inquest Prosecutor then determines legality of warrantless arrest.

If unlawful – recommends release; but may, if evidence warrants, recommend a preliminary investigation.

• If so, must serve subpoena/notice of P.I. and copies of charge sheet/complaint and supporting affidavits and other evidence.

If lawful –

• Ask if detainee wants to avail of P.I.

• If so, consequences must be adequately explained to detainee in language or dialect known to him/her.

The detainee, with assistance of counsel of his own choice, must then be asked if s/he is willing to waive Article 125, RPC.

– If the detainee has no counsel, the Inquest Prosecutor shall exert efforts to coordinate with the Public Attorney's Office in his area to ensure that the rights of the arrested/detained person are amply protected.

MEANING OF PROBABLE CAUSE IN

INQUEST CASES

PROBABLE CAUSE means an actual belief or reasonable grounds of suspicion (People vs. Tudtud, GR No.144037, Sept. 26,2003) that the person to be arrested is about to commit or is attempting to commit a crime, or is in the act of committing a crime, or has committed a crime, either in the presence or without the presence of the arresting officer.

WHERE ARREST OF THE DETAINED PERSON

WAS NOT PROPERLY EFFECTED

Should the inquest prosecutor find that the arrest was not made in accordance with the aforesaid provisions of the Revised Rules on Criminal Procedure, he shall:

• Recommend the release of the person arrested or detained;

• Prepare a resolution indicating the reasons for the action taken; and

• Forward the same, together with the record of the case, to the Chief State or Provincial/City Prosecutor for appropriate action.

WHERE ARREST OF THE DETAINED PERSON

WAS NOT PROPERLY EFFECTED

Where the recommendation for the release of the detained person is approved by the Chief State Prosecutor or by the Provincial/City but the evidence on hand warrants the conduct of a regular preliminary investigation, the inquest prosecutor shall:

• Serve the order of release on the law enforcement officer having custody of said detainee; and

WHERE ARREST OF THE DETAINED PERSON

WAS NOT PROPERLY EFFECTED

• 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.

WHERE THE ARREST OF TH DETAINED

PERSON WAS PROPERLY EFFECTED

Should the inquest prosecutor find that the arrest was properly effected, the detained person shall be asked if he desires to avail himself of a preliminary investigation and, if he does, the consequences thereof must be explained to him adequately.

WHERE THE ARREST OF TH DETAINED

PERSON WAS PROPERLY EFFECTED

The detained person, with the assistance of a lawyer of his own choice, shall then be made to execute a waiver of the provisions of Article 125 of the Revised Penal Code, as amended.

WHERE THE ARREST OF TH DETAINED

PERSON WAS PROPERLY EFFECTED

The preliminary investigation may be conducted by the inquest prosecutor himself or by any other prosecutor to whom the case may be assigned by the Chief State Prosecutor or Provincial/City Prosecutor, which investigation shall be terminated within fifteen (15) days from its inception.

ACTIONS TO BE TAKEN WHEN THERE IS AN

ABSENCE OF PROBABLE CAUSE

If the inquest prosecutor finds no probable cause to indict the arrested/detained person, he shall:

a) Recommend the release of the arrested or detained person;

ACTIONS TO BE TAKEN WHEN THERE IS AN

ABSENCE OF PROBABLE CAUSE

b) Prepare a resolution of dismissal indicating therein the reasons for the action taken; and

c) Forthwith forward the record of the case to the Chief State Prosecutor of the Provincial/City Prosecutor for appropriate action

ACTIONS TO BE TAKEN WHEN THERE IS AN

ABSENCE OF PROBABLE CAUSE

When the Chief State Prosecutor or the Provincial/City Prosecutor sustains the recommendation of the inquest prosecutor for the dismissal of the complaint, the record of the case shall forthwith be forwarded to the Office of the Secretary or the Office of the Regional Prosecutor as the case maybe, for automatic review.

TERMINATION OF INQUEST PROCEEDINGS

The inquest proceedings must be terminated within the period prescribed under the provisions of Article 125 of the Revised Penal Code, as amended.

• 12 hours for light offenses;

• 18 hours for less grave offenses;

• 36 hours for grave offenses counted from the time of arrest.

TERMINATION OF INQUEST PROCEEDINGS

The period prescribed in Article 125 of the Revised Penal Code shall not be applicable when the persons arrested/detained without the benefit of a warrant of arrest issued by the court are children defined under Republic Act No. 9344, otherwise known as the “Juvenile Justice and Welfare Act of 2006”

DEPOSIT OF RECOVERED ARTICLES/PROPERTIES

The articles shall be properly deposited by the police investigator with the police evidence custodian.

Closing Statement

The Bill of Rights was not designed to be a shelter for criminals, but to protect all persons equally and must be applied without fear or favor.

Closing Statement

To you law enforcement officers, these rules are aimed to remind and guide you so that you may not fall into some shortcuts for the sake of convenience and expediency which could militate against our achievement of the prevention, detection and ultimate prosecution and conviction of criminal elements.

WE MUST NOT IN THE NAME OF THE LAW BREAK THE LAW TO ENFORCE THE LAW

THANK YOU