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INQUEST PROCEEDING (define)

1. Recitation of Miranda rights is necessary if


the penalty imposable is 4 2 1. If lesser
than 421, no need to recite the rights.
2. The prosecutor shall make sure that the
names of the suspects are correct in the
folder. If it is correct, they will have a
disposition regarding the case.
3. Inquest proceeding is pro forma. There is
already ready-made form where the
inquest prosecutor will just have to check
the appropriate label.
4. It is in the Preliminary investigation which
needs resolution.
5. Limited to the validity of arrest- reason
why proforma (checklist)
6. After the inquest, prosecutors will make
recommendation subject to the approval
of the inquest.
7. The prosecutor will make a brief
explanation if there are irregularities such
as not complying on the precedent
procedure such as arbitration in Lupon or
exemption between relatives.
8. If the penalty is beyond 421, the
prosecutor shall inform the suspects to
their right to p.i, otherwise, the police
officer will be liable for continuous
detention of the suspects
9. Kapag nakita nakita na kulang yung
evidence
and
needs
for
further
investigation, ichecheck yung rrfi tas
ireredocket gagawing subject for pi. (pag
nakita ng chief na need ng further
investigation)

OBSERVATIONS
1. The inquest is conducted in a very casual
manner
2. No tension takes place
3. The inquest prosecutor asked the names
of the suspects, check its spelling. If there
is error, it shall be corrected. In the
present case, the police officers are the
one who corrected it.
4. In the case at bar, the suspects violated
the comprehensive dangerous drugs act.
Thus, the prosecutor informed the
suspects to their right to preliminary
investigation
5. The prosecutor will check the case folder
6. Everybody seems in a hurry.
Fiscal Rosalie Atienza

PRELIMINARY INVESTIGATION
1.
2.

OBSERVATION
GENERAL:
1. There are lot of papers. Seems like
impossible to determine how they filed the
records
2. Very casual
3. Fiscals need lots of skills such as
interpreting, assessing parties.
A. ESTAFA
1. The prosecutor asked if there is possibility of
settlement but the plaintiff didnt heeded.
2. Fiscal gave grace period to wait for the corespondent.
3. The fiscal is very lenient.
4. Upon asking for possible settlement, the
parties started to argue so the fiscal told them to
stop.
5. The fiscal also explained how the affidavits
shall be submitted- it shall be signed in the
presence of the fiscal, it should not be notarized,
10 copies.
6. The parties with their lawyers are not allowed
to talk.

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