MANILA, Philippines — Inquest, the procedure to determine whether a suspect will be charged in court, of those subjected to warrantless arrest may now be done online.
Prosecutor General Benedicto Malcontento issued an office order for all prosecutors in the National Capital Region informing them of the rules on the conduct of e-inquest amid the state of public health emergency.
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“E-inquest is the virtual conduct of inquest proceeding using any online platform for video calls and conferences and all available electronic communications. It is paperless and does not require the physical presence of parties in the same area,” Malcontento said.
This comes a week after Justice Secretary Menardo Guevarra directed that prosecutors offices nationwide be “physically closed,” only to be opened when they are to attend to “very urgent matters” amid the Luzon-wide quarantine.
Justice Undersecretary Markk Perete told reporters in a message that an e-inquest may be applied to those arrested through warrantless arrest.
A warrantless arrest may be done in cases of continuing crimes or if they are caught in the act.
Malcontento in his directive said that city prosecutors may conduct e-inquest after they craft their specific guidelines.
General procedures
For the conduct of e-inquest, the law enforcement authorities must first coordinate with the docket section/records section of the prosecutors’ office before the filing of a complaint.
The city prosecutor would then give a name and contact details of a point person, who shall then require authorities to e-mail documents such as investigation data sheet, referral affidavits, affidavit of arrest in a non-editable format.
Copies of the documents will also be sent to the respondent’s counsel via e-mail.
Upon the receipt of documents, the point person shall refer the matter to an inquest chief, head of division or city prosecutor, and assign a docket number.
“With the go-signal of the inquest prosecutor, the point person shall initiate the online video call or conference among the law enforcement authorities, private complainant (if applicable), inquest prosecutor and respondent’s counsel,” the order read.
The inquest will proceed as with usual practice such as verifying of parties’ identities and administering of oath.
An electronic or scanned signature will be used by the inquest prosecutor in the resolution.
“After e-inquest, the prosecutor may dismiss the complaint, file an information before the court, or order a regular preliminary investigation to be conducted,” Perete explained.
If the inquest prosecutor orders that a preliminary investigation should be conducted, the person arrested will be released.
“If the period within which the information should be filed exceeds the maximum period allowed by law to hold a person pursuant to a warrantless arrest, then the procedure for release applies,” he also said.
Perete added that the DOJ is “currently coordinating with the [Department of the Interior and Local Government] to temporarily release booked suspects even before the commencement of the formal preliminary investigation.”
A News5 report earlier Monday said that the Philippine National Police recorded more than 69,000 curfew and disobedience violators in the country.
Close to 600 have been arrested for either hoarding, profiteering or manipulation of prices. — Kristine Joy Patag