LECTURE 13: INQUEST

Question 1

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.

Answer 1

Inquest

Question 2

paragraphs (a) and (b) ofSection 5, Rule 13 of the 1985 Rules on Criminal Procedure, as amended, which provides that arrest without a warrant may be affected:

Answer 2

1. When, in the presence of the arresting officer, the person to be arrested hascommitted, is actually committing, or is attempting to commit an offense;
2. When an offense has in fact just been committed and the arresting officershave personal knowledge of facts indicating that the person to be arrested hascommitted it.

Question 3

It exists when the evidence submitted to the Inquest Officer engenders a well-founded belief that a crime has been committed and that the arrested or detained person is probable guilty thereof.

Answer 3

Probable Cause