Article 51p. 51

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

b)

cash money, if any.

Illegal Possession of Explosives (P.D. No.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.9. No.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.9. No.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

c)

seizure receipt.

The submission of the foregoing documents shall not

be absolutely required if there are other forms of

evidence submitted which will sufficiently establish the

facts sought to be proved by the foregoing documents.

SEC. 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.

25

Otherwise, the Inquest Officer shall order the release of

the

detained

person

and,

where

the

inquest

is

26

conducted

outside

of

office hours, direct the law

enforcement agency concerned to file the case with

the City or Provincial Prosecutor for appropriate action.

SEC. 6. Presence of 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 shall be noted by the Inquest

Officer and reflected in the record of the case.

SEC. 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.

SEC. 8. Initial duty of Inquest Officer . - The Inquest

Officer shall first determine if the arrest of the detained

person was made in accordance with 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:

27

25 NPS Form No.1.

26 NPS Form No.2.

27 Go vs. Court of Appeals, 206 SCRA 138 [1992]; Umil, et.al. vs.

Ramos, 202 SCRA 251 [1991] and companion cases People vs.

Malmstedt, 198 SCRA 401 and People vs. Aminudin, 163 SCRA 402

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.

SEC. 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 warrants the

conduct of a regular preliminary investigation, the

order of release shall be 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.

28

SEC. 10. where arrest properly effected . - Should the

inquest

Officer

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, 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

29

case of non-availability of a lawyer, a responsible person

of his choice.

The preliminary investigation may be

30

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.

SEC.

11.

Inquest

preliminary

investigation

Inquest

Officer

shall

statements/affidavits

of

evidence

submitted to him. proper.- Where the detained person

does not opt for or otherwise refuses to execute the

required waiver, the proceed with the

inquest by

examining

the

sworn

the

complainant

and

the

witnesses and other supporting

If

necessary,

the

Inquest

Officer shall require the

presence of the complaining witnesses and subject

them to an informal and summary investigation or

examination for purposes of determining the existence

of probable cause.

SEC. 12. Meaning of probable cause .- Probable cause

exists when the evidence submitted to the Inquest

Officer engenders a well-founded belief that a crime

[1988].

28 See NPS Form No.2.

29 See NPS Form No.3.

30 Such responsible person may be a parent, elder brother or sister,

spouse, the municipal mayor, the municipal judge, district school

supervisor, or priest/minister of the gospel as chosen by him (Sec. 2

(d) RA 7438, An Act Defining Rights of Person Arrested, Detained or

under Custodial Investigation)

© Compiled By RGL

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