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Week 4 - Legal Writing

This module covers the Inquest Procedure, including its definition and the steps involved in writing an Inquest form. The objectives are to understand the concept and procedure of Inquest and to be able to create the necessary documentation for inquest proceedings. Key components include the commencement of inquest, required documents, and the process for monitoring cases.

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14 views21 pages

Week 4 - Legal Writing

This module covers the Inquest Procedure, including its definition and the steps involved in writing an Inquest form. The objectives are to understand the concept and procedure of Inquest and to be able to create the necessary documentation for inquest proceedings. Key components include the commencement of inquest, required documents, and the process for monitoring cases.

Uploaded by

rheaaratan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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NOVEM IANNE RINA B.

SISON, MSCRIM
In this module we will discuss about Inquest form for lesson 1- we will talk about the
concept of Inquest Procedure: It’s definition and Procedure. For lesson 2- you will be
taught on how to write an Inquest form.
Thus, the objective for this module are as follows:
1. Understand the concept and procedure of Inquest; and
2. Be able to write/make requirements for inquest proceeding.

Let us start by answering the activity below:


RESEARCH AND UNDERSTAND: RESEARCH AT LEAST ONE DEFINITION OF
INQUEST AND GIVE YOUR OWN UNDERSTANDING ABOUT IT. WRITE IT IN THE
MANNER AS PRESENTED IN THE SAMPLE BELOW:
What is an inquest? An inquest is an informal and summary investigation
conducted by a public prosecutor in a criminal case
involving persons arrested and detained without the benefit
of a warrant of arrest issued by the court for the purpose of
determining whether said persons should remain under
custody and correspondingly charged in court. (Section 1,
DOJ Circular No. 61)
Inquest Proceedings
Sec. 6. When accused lawfully arrested without warrant. – 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 officer directly with the proper court on the basis of
the affidavit of the offended party or arresting officer or person.

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 provision 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.
Rule 16. INQUEST PROCEDURES
SECTION 1. Commencement of Inquest
The inquest proceedings shall commence upon the presentation of arrested person
by the police officer before the inquest prosecutor. The concerned police officer
shall also submit the following documents:
! Affidavit of Arrest;
! Statement(s) of the complainant(s);
! Affidavit(s) of the witness (es) if any; and

! d. Other supporting evidence gathered by law enforcement authorities in the


course of their investigation of the criminal incident involving the arrested person.
The investigator shall ensure that, as far as practicable, the following documents
shall be presented during the inquest proceedings:
! Murder, Homicide and Parricide
1) Certified true/machine copy of the certificate of death of the victim; and
2) Necropsy Report and the certificate of Post-Mortem Examination, if readily available.

! Frustrated or Attempted Homicide, Murder, Parricide, and Physical Injuries Cases


1) Medical Certificate of the complaining witness showing the nature or extent of the
injury;
2) Certification or statement as to the duration of the treatment or medical attendance; and
3) Certificate or statement as to duration of incapacity for work.
! Violations of the Dangerous Drugs Law
! 1) Chemistry Report or Certificate of Laboratory Examination duly signed by the forensic
chemist or other duly authorized officer;
! 2) Machine copy or photograph of the buy-bust money; and
! 3) Affidavit of Poseur-Buyer/Arresting Officer.

! Theft and Robbery Cases, Violation of the Anti-Piracy Law, Anti- Highway Robbery Law,
and Violation of the Anti-Fencing Law
! 1) List/Inventory of the articles and items subject of the offense; and
! 2) Statement of their respective value.

! Rape, Seduction, and Forcible Abduction with Rape Cases


1) Medico-Legal Report (Living Case Report), if the victim submitted herself for medical
or physical examination.
f. Violation of the Anti-Carnapping Law
! 1) Machine copy of the certificate of motor vehicle registration;
! 2) Machine copy of the current official receipt of payment of the registration fees of the
subject motor vehicle; and
! 3) Other evidence of ownership.
! Violation of the Anti-Cattle Rustling Law
! 1) Machine copy of the cattle certificate of registration; and
! 2) Picture of the cattle, if readily available.

! Violation of Illegal Gambling Law


! 1) Gambling paraphernalia;
! 2) Cash money, if any.

! Illegal Possession of Firearms and Explosives


! 1) Chemistry Report duly signed by the forensic chemist; and Photograph of the
explosives, if readily available.
! 2) Certification from the Firearms and Explosives Office,
! Civil Security Group, PNP.

! Violation of the Fisheries Law


! 1) Photograph of the confiscated fish, if readily available;
! 2) Certification of the Bureau of Fisheries and Aquatic
! Resource; and
! 3) Paraphernalia and equipment used in illegal fishing.
! Violation of the Forestry Law
! 1) 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;
! 2) Certification of the Department of Environment and Natural Resources/Bureau of
Forest Management; and
! 3) Seizure Receipt.

SECTION 3. Waiver of Rights


! The inquest shall proceed unless the arrested person opts for a preliminary
investigation by executing the required waiver of rights under Article 125 of the
RPC. (Form “D” - Annexes)

! SECTION 4. Monitoring of Cases


! An investigator’s job does not end upon the filing of the case with the Prosecutor’s
Office. It is imperative that the case be continuously monitored up to its final
resolution.
The inquest proceedings starts when the inquest officer receives from the arresting
officers the following: affidavit of arrest, the investigation report, the affidavits of the
complainant and his witnesses, and other evidence gathered at the course of
investigation. As a general rule, the arrested person must be made physically
present.

! The inquest officer may order the release of the detained person when the
documents are incomplete (and the lacking documents are not submitted on time),
or recommend his release when there is no valid warrantless arrest or when there
is no probable cause.
!
Affidavit of Arrest;
! Pls watch the video:https://youtu.be/1ga1qAkUHbU
( this was sent to your gclassroom)/or
Watch it thru: youtube just attached the link above
! Make your own complete documents in filing an inquest procedure starting from:
REQUEST LETTER
AFFIDAVITS (ARREST, COMPLAINT,WITNESSES)
ATTACH OTHER SUPPORTIVE DOCUMENTS

SEND IT TO MY MESSENGER AND ATTACH IT TO YOUR ASSIGNMENT IN


GCLASSROOM

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