Article 50p. 50

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

unjustifiably stopped for any reason not imputable to

the accused.

19

For violation of a special law or ordinance, the period of

prescription shall commence to run from the day of the

commission of the violation, and if the same is not

known

at

the

time,

from

the

discovery

and

the

institution of judicial proceedings for its investigation

and punishment. The prescription shall be interrupted

only by the filing of the complaint or information in

court and shall begin to run again if the proceedings

are

dismissed

for reasons not constituting double

jeopardy.

20

For

cases

falling

within

the

jurisdiction

of

the

Katarungang Pambarangay, the period of prescription

is likewise interrupted by the filing of the complaint

with the punong barangay; but shall resume to run

again

upon

receipt

by

the

complainant

of

the

certificate of repudiation or of the certification to file

action

issued

by

the

lupon

or pangkat secretary;

Provided, however, That such interruption shall not

exceed sixty (60) days from the filing of the complaint

with the punong barangay.

21

Prescription shall not run when the offender is absent

from the country.

22

In cases where the imposable penalty is imprisonment

and/or a fine, the greater penalty shall be the basis for

the computation of prescription.

PART IIڈ INQUEST

23

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.

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.

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:

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

20 Sec. 2, Act No.3326, as amended.

21 Sec. 40 par.,Local Govt. Code.

22 Art. 91, par. 2, Revised Penal Code.

23 Department of Justice Circular No.61 dated 21 December

1993.

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.

24

SEC. 4. Documents required in specific cases. - The

Inquest Officer shall, as far as practicable, require the

submission/presentation

of

the

documents

listed

below, to wit:

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

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.

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.

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)

a list/inventory of the articles and items subject

of the offense; and b)

statement of their

respective values.

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.

Violation of the Anti-Carnapping Law (R.A. No.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. No.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. No.1602)

a)

gambling paraphernalia; and

24 12 Hours for light offenses; 18 hours for less grave offenses; and

36 hours for grave offenses.

© Compiled By RGL

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