This article explains—in plain but precise terms—how inquest works when a person is arrested for theft (including qualified theft) in the Philippines. It covers when inquest applies, how it unfolds, the time limits that bind the police and prosecutors, documents you’ll need, what happens after inquest, and special scenarios (minors, shoplifting, plea bargaining, and civil restitution). It’s general information, not legal advice for a specific case.

1) What an inquest is (and when it applies)

An inquest is a summary, expedited review by a public prosecutor to determine probable cause after a warrantless arrest. It asks one narrow question: Is there enough evidence—right now—to file a theft case in court?

Inquest applies only if the suspect was arrested without a warrant under the rules on warrantless arrests (e.g., caught in the act, “hot pursuit,” or escapee).
No warrantless arrest = no inquest. If the person was not arrested, or was arrested by virtue of a warrant, the case proceeds via regular preliminary investigation (longer timelines, with subpoenas and counter-affidavits).

2) Elements of theft (what the prosecutor checks fast)

During inquest for theft, the prosecutor screens for:

Taking of personal property (movable, not land);
Belonging to another;
Without the owner’s consent;
With intent to gain (animus lucrandi);
Without violence or intimidation against persons and without force upon things (otherwise it’s robbery).

Qualified theft (e.g., by a domestic servant or with grave abuse of confidence, among others) raises the penalty by two degrees, which matters for detention time limits and bail.

3) The clock that really matters: delivery to the prosecutor and Article 125 deadlines

Even before inquest formally starts, the police are on a strict clock under Article 125 of the Revised Penal Code (unlawful delay in delivering detained persons). From the moment of a warrantless arrest, police must deliver the arrested person to judicial authorities (i.e., the prosecutor for inquest) and file the case within:

Maximum holding period	Category of offense*
12 hours	Offenses punishable by light penalties (e.g., arresto menor)
18 hours	Offenses punishable by correctional penalties (e.g., arresto mayor, prision correccional)
36 hours	Offenses punishable by afflictive (or capital) penalties (e.g., prision mayor and up)

*These categories depend on the maximum imposable penalty of the actual charge (simple theft vs. qualified theft, and the value of the property, which affects the penalty under the amended code). In practice:

Simple theft often falls in the correctional range → 18 hours.
Qualified theft or theft involving higher property values may climb to afflictive → 36 hours.
Very low-value theft might fall into the light range → 12 hours.

If prosecutors can’t validly file within the applicable hours, the detainee must be released—usually on a “release for further investigation” (RFI). The case can still continue later via regular preliminary investigation.

4) What happens during inquest (step-by-step)

Turnover & booking. Police bring the arrested person, evidence, and papers to the inquest unit (some cities operate 24/7 duty fiscals).
Rights on arrest. The person must be informed of Miranda rights, the right to counsel, and allowed to communicate with counsel/family.
Prosecutor’s review. The inquest prosecutor examines the lawfulness of the arrest and whether evidence shows probable cause for theft or qualified theft.
Short engagement with the detainee. The prosecutor may ask clarifying questions through counsel and ensures rights are observed. If the arrest is illegal, the prosecutor dismisses or recommends release.
Immediate outcome (one of the following):
- File Information in court now (if probable cause exists and Article 125 time allows).
- Downgrade/modify the offense (e.g., from qualified theft to simple theft) if evidence supports only the lesser charge.
- Release for further investigation if evidence is insufficient or time is expiring.
- Recommend regular preliminary investigation if the arrest was defective (no valid inquest).

5) Documents typically submitted at inquest (theft)

Arrest-related papers: Spot report, arrest report, booking sheet, and affidavits of arrest (officers and store security if shoplifting).
Complaint-affidavit of the owner/representative describing the taking, lack of consent, and intent to gain.
Proof of ownership/possession: receipts, inventory records, CCTV footage stills, photos.
Valuation of the property (crucial for penalty/bail): receipts, price tags, appraisal, or sworn valuation.
Inventory & custody of recovered items: list and photographs; acknowledgment/turnover receipt; where the items are kept.
Other evidence: CCTV dump, recovery receipt, body-cam extracts (if any), witness statements.

Tip for complainants: Valuation drives the penalty (and thus the Article 125 window and bail). Provide clear documentation of value as early as possible.

6) Choices available to the arrested person

Ask for counsel (private or free legal aid). No valid waiver of rights without counsel.
Challenge the arrest’s legality (the prosecutor must first pass on this).
Invoke the Article 125 clock. If time is about to lapse and no case is filed, release should follow.
Waive the Article 125 period to undergo regular preliminary investigation (often called a “waiver of 125”).
- This must be in writing and with counsel, usually subscribed before the prosecutor.
- Waiving does not admit guilt; it simply allows a fuller investigation while the person may remain detained only if a proper hold basis exists (e.g., valid commitment order after Information is filed). If no Information is filed yet, continued police detention on a mere waiver is improper—release should follow and PI proceeds with subpoenas.

7) After the inquest: filing in court, bail, and next steps

If the prosecutor finds probable cause during inquest, the Information for theft (or qualified theft) is filed with the trial court:

Bailable as a matter of right before conviction (theft/qualified theft are typically not punishable by reclusion perpetua/life). Amount of bail generally correlates with the value of the property and whether the charge is qualified theft (higher penalty → higher bail).
The court may issue a commitment order, warrant of arrest (if the accused was released), or recognizance/bail approval.
The accused may later move for preliminary investigation if inquest led to immediate filing without PI. Courts commonly allow this within a short period from first appearance/receipt of the Information. The prosecutor then conducts PI (with counter-affidavits and supporting evidence) while the case is pending; the result may lead to amendment, downgrading, or dismissal.

If the prosecutor does not find probable cause within the Article 125 window, the typical path is Release for Further Investigation (RFI) and continuation via regular preliminary investigation:

The complainant submits a verified complaint-affidavit with annexes.
The prosecutor issues a subpoena; the respondent has time (commonly 10 days) to submit a counter-affidavit, then the complainant may file a reply (often optional), and the case is resolved on the papers (no hearing is required).
Resolution may result in dismissal or filing of Information.

8) Lawfulness of the arrest: a gate you must pass

A valid inquest presupposes a valid warrantless arrest (e.g., in flagrante delicto inside a store, or hot pursuit). If the arrest is invalid, prosecutors typically decline filing and order release, pushing the matter to regular PI instead. Common pitfalls:

No actual overt act indicating theft at the moment of arrest.
Arrest after the fact with no immediate pursuit or personal knowledge.
Evidence recovered through an unlawful search (could be excluded, weakening probable cause).

9) Practical timelines at a glance

Arrest → Delivery to prosecutor: Police should move immediately; absolute ceiling is 12/18/36 hours depending on penalty category.
Inquest review: Same day, often within a few hours once papers are complete.
If filed: Information reaches court within the Article 125 window; bail may be set promptly.
If RFI: No detention, case continues through preliminary investigation with subpoena/counter-affidavit exchanges.
If accused demands PI after inquest filing: The court/prosecutor will set tight PI timelines (counter-affidavit period commonly 10 days from notice; prosecutors aim to resolve soon after submissions).

Bottom line: Prosecutors work within hours, not days, in inquest. Missing the 12/18/36-hour mark compels release—though the case can still proceed on the merits later.

10) Plea bargaining, restitution, and civil liability

Restitution (return of stolen items/payment) does not automatically extinguish criminal liability for theft, but it can mitigate penalty and affect plea discussions.
Plea bargaining to a lesser offense/penalty band may be explored after filing, subject to prosecutorial consent and court approval.
The accused’s civil liability (restitution, damages, interest) is typically resolved within the criminal case unless the offended party reserves the right to file separately.

11) Special scenarios

a) Shoplifting (store theft)

Prepare CCTV, loss-prevention reports, inventory/price tags, and witness affidavits (guards, cashiers).
Valuation: use price tags or POS data; attach certified copies.
Beware of illegal searches (e.g., coercive bag checks) that might taint evidence.

b) Minors (Children in Conflict with the Law)

Procedures under the Juvenile Justice and Welfare Act focus on immediate turn-over to social workers, diversion, and best interests of the child.
Detention is last resort; many cases proceed through diversion rather than adversarial filing, depending on age, circumstances, and value involved.

c) Employees and “qualified theft”

Where theft arises from an employment or trust relationship, prosecutors scrutinize abuse of confidence and accounting/audit records.
Expect heavier penalty exposure (two degrees higher), a 36-hour Article 125 window, and higher bail if filed.

d) Multiple items / partial recovery

List each item with value; prosecutors may allege aggregate value for penalty purposes.
Recovered property should be photographed and inventoried; keep clear chain of custody and identify who holds the items pending trial.

12) Defense and prosecution checklists

For complainants

✅ Complaint-affidavit (clear narrative: taking, lack of consent, intent to gain)
✅ Ownership/possession proof (receipts, inventory)
✅ Valuation (receipts, price list, appraisal)
✅ CCTV/photos/witness affidavits
✅ Recovery inventory and turnover receipts
✅ Arrest papers (affidavits of arrest, spot report)

For respondents

✅ Counsel present at all stages
✅ Assess lawfulness of arrest; raise defects early
✅ Invoke Article 125 if time is lapsing
✅ Consider waiver to pursue full PI (with counsel)
✅ Collect exculpatory materials (CCTV angles, alibi/corroboration, permission/consent, lack of intent to gain)

13) Common outcomes and practical tips

Filed immediately: Case goes to court; arrange bail quickly; consider motion for PI if not yet had one.
RFI: Person goes home; watch for subpoena and respond within the period.
Dismissed at inquest: Not the end; the complainant may still push a regular PI if new or better evidence appears.

Practical tips

Time and value drive everything: bring valuation proof early.
Arrest validity matters: a flawed arrest can sink an inquest even if theft likely occurred.
Paperwork wins: crisp affidavits and organized annexes speed up review and reduce the risk of RFI.

14) Quick FAQ

Q: Can police keep someone beyond 36 hours “while finishing papers”? A: No. If the applicable Article 125 period lapses without filing, release is required. The case can proceed through regular PI later.

Q: If items are returned, is the case over? A: Not necessarily. Criminal liability may continue; return can mitigate and aid plea discussions.

Q: Can the accused insist on a full preliminary investigation even in inquest cases? A: Yes—either by waiving the Article 125 period before filing, or by asking the court for PI after filing (usually within a short window after first appearance).

Q: Is theft bailable? A: Yes, as a rule. Amount and whether it’s qualified theft will influence the bail amount, not the right to bail before conviction.

Final word

Inquest is a race against the clock: the strength of the paper trail and the correct penalty band (driven by valuation and whether theft is qualified) determine whether a case is filed within hours or released for further investigation. Understanding these levers lets complainants, respondents, and counsel act decisively within the narrow windows the law provides.