Scribd
Upload
136 views9 pages

Certification As To Conduct of Inquest

The document discusses the certification as to the conduct of an inquest that must be issued by a prosecutor when a person is lawfully arrested without a warrant. It defines an inquest as an informal investigation conducted by a prosecutor to determine if an arrested person should remain in custody and be charged. It states that the certification must be included in the information filed in court and must be issued within 12, 18, or 36 hours depending on the offense and must indicate that based on evidence, there is reasonable ground to believe the accused committed the crime.

Uploaded by

Aj Macabare
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
136 views9 pages

Certification As To Conduct of Inquest

The document discusses the certification as to the conduct of an inquest that must be issued by a prosecutor when a person is lawfully arrested without a warrant. It defines an inquest as an informal investigation conducted by a prosecutor to determine if an arrested person should remain in custody and be charged. It states that the certification must be included in the information filed in court and must be issued within 12, 18, or 36 hours depending on the offense and must indicate that based on evidence, there is reasonable ground to believe the accused committed the crime.

Uploaded by

Aj Macabare
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 9

CERTIFICATION AS

TO CONDUCT OF
INQUEST
SEC.7, RULE 112, ROC
When a person is lawfully arrested without a warrant involving
an offense which requires a preliminary investigation, the
complaint or information may be filed by a prosecutor without
need of such investigation provided an inquest has been
conducted in accordance with existing rules. In the absence or
unavailability of an inquest prosecutor, the complaint may be filed
by the offended party or a peace office directly with the proper
court on the basis of the affidavit of the offended party or arresting
officer or person. (paragraph 1)

2
SEC.7, RULE 112, ROC
Before the complaint or information is filed, the person arrested may ask for a
preliminary investigation in accordance with this Rule, but he must sign a
waiver of the provisions of Article 125 of the Revised Penal Code, as
amended, in the presence of his counsel. Notwithstanding the waiver, he may
apply for bail and the investigation must be terminated within fifteen (15) days
from its inception.
After the filing of the complaint or information in court without a preliminary
investigation, the accused may, within five (5) days from the time he learns of
its filing, ask for a preliminary investigation with the same right to adduce
evidence in his defense as provided in this Rule.

3
ARTICLE 125, RPC
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.

4
INQUEST
“
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
person should remain under custody and
correspondingly be charged in court.

5
CERTIFICATION AS TO CONDUCT OF INQUEST-
DEFINITION:

▰ A Certification issued by a prosecutor as to the conduct


of inquest in accordance with existing rules when a
person is lawfully arrested without a warrant involving
an offense which requires a preliminary investigation
filed without such investigation.`

6
HOW?
IT IS INCLUDED AS ONE OF THE CONTENTS OF THE INFORMATION

WHO?
THE PROSECUTOR

WHERE?
COURT WHERE THE INFORMATION IS GOING TO BE FILED

7
WHEN?
WITHIN THE TIME PRESCRIBED IN 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.

8
CONTENTS

1. TITLE
2. BODY
• The reason for and the conduct of the inquest by the prosecutor
• That based on the complaint and evidence submitted, there is
reasonable ground to believe that the accused has committed the
crime indicated therein and should be held liable for the said crime
3. SIGNATURE OF THE PROSECUTOR

You might also like