Here’s a practitioner-style explainer on what happens after a prosecutor issues an inquest resolution in the Philippines, with practical next steps for police/complainant and for the arrested person. (This is general legal information, not legal advice. Specific rules can vary by office and change with DOJ circulars and Rule 112 amendments—consult counsel for your case.)
What an inquest resolution is
An inquest is a summary determination by a prosecutor of whether a person lawfully arrested without a warrant should be charged in court right away, based on available evidence at the time of arrest. The inquest resolution is the written disposition.
Typical dispositive outcomes are:
- File Information (probable cause found);
- Release for Further Investigation (RFI) / for regular preliminary investigation (insufficient basis to file now, but evidence may be developed); or
- Dismissal (no sufficient ground; case closed at this stage).
If the resolution says: “File Information”
What the prosecutor does
Drafts and approves the Information: Specifies the offense, acts, and qualifying circumstances; gets approval from the city/provincial prosecutor (or authorized official).
Determines the proper court:
- RTC for offenses punishable by >6 years (generally);
- MeTC/MTC/MCTC for lower penalties and ordinance cases.
Files the Information in court and endorses the case records.
Notifies the arresting officers/jail as needed for commitment and to secure the accused’s appearance.
If the arrested person waived Article 125 to ask for a full preliminary investigation, the prosecutor conducts/continues PI but may still file the Information; the court can grant reinvestigation later.
What the court does after filing
Raffle/assign the case.
Judicial determination of probable cause (on the judge’s end).
- If the accused is already under custody from the warrantless arrest, the court typically issues a Commitment Order (to BJMP/warden) rather than a warrant.
- If not under custody, the court may issue a warrant or a summons (depending on the charge and judicial finding).
Bail:
- For bailable offenses, the accused may post bail; the court fixes the amount and conditions.
- For non-bailable offenses, a hearing on bail is required if the accused applies.
Arraignment & pre-trial follow once the court acquires jurisdiction over the person; arraignment is generally scheduled promptly, mindful of the Speedy Trial timelines.
What the police/complainant should do
- Ensure the case file is complete and evidence preserved (e.g., chain of custody for seized items, medico-legal, certificates, CCTV dumps).
- Coordinate with the prosecutor for any additional documents the court may require (booking sheets, inventory, photographs, return of search if any incidental seizures, etc.)
- Attend court when subpoenaed; prepare affiants and exhibits.
What the arrested person (accused) should do
- Consider bail (if bailable) or move for bail hearing (if non-bailable).
- Seek reinvestigation (via Motion before the trial court) if you asserted your right to a preliminary investigation or have additional defenses/evidence; courts often hold arraignment in abeyance pending reinvestigation.
- Prepare counter-evidence and defenses early; confer with counsel about omnibus motions (quashal, suppression, etc.).
If the resolution says: “Release for Further Investigation” (RFI) / “for regular preliminary investigation”
Legal effect
- Immediate release from custodial detention (the Article 125 clock is over because detention can no longer be justified solely by the inquest evidence). No Information is filed yet.
- The case shifts to regular preliminary investigation (PI) under Rule 112.
Next procedural steps
- Complainant/police: File/complete a sworn Complaint-Affidavit with supporting evidence (affidavits of witnesses, documents, certificates, forensic results).
- Prosecutor: Issues subpoena to the respondent with copies of the complaint and annexes.
- Respondent: Files a Counter-Affidavit (under oath) within the period stated (commonly 10 days from receipt).
- Replies/Rejoinders: Allowed at the prosecutor’s discretion and within short periods (often 10 days each if permitted).
- Resolution: The prosecutor resolves the PI after submission for resolution and either dismisses or files an Information.
Practical notes
- Because the person is released, future court attendance (if an Information is later filed) will be via summons or warrant depending on the judge’s finding.
- Travel is generally unrestricted absent a Hold Departure Order (HDO) (RTC) or Precautionary Hold Departure Order (PHDO) (upon proper petition and showing). Complainants who fear flight risk may coordinate with the prosecutor about a PHDO application in the proper RTC.
If the resolution says: “Dismissed”
Legal effect
- No Information is filed.
- If under custodial detention, the person must be released immediately.
- Records are archived at the prosecutor’s office.
Remedies of the complainant
- Motion for Reconsideration (MR) with the same prosecutor’s office (typically within 15 days from receipt of the resolution; check the current DOJ circulars for exact periods).
- Petition for Review to the DOJ under the National Prosecution Service (NPS) appeal rules (generally within 15 days from receipt of the denial of the MR or the assailed resolution; extensions are sometimes permitted by circular).
- In both remedies, include the assailed resolution, evidence, and arguments on probable cause.
For the respondent (arrested person)
- Preserve copies of the dismissal resolution and proof of release.
- Understand that a dismissal at inquest does not bar a later case if new evidence emerges or a regular PI later finds probable cause—unless double jeopardy has attached (which it has not at this stage because no arraignment).
Timing anchors you should know
- Article 125, Revised Penal Code: Police must deliver the arrested person to the proper judicial authorities within fixed hours (commonly cited as 12/18/36 hours depending on offense level). In practice, this drives the urgency of inquest. If filing cannot be done within the period, release (or waiver with counsel) is required.
- Inquest vs. PI: Inquest is summary; PI is full-blown written proceedings with affidavits and annexes.
- Court action after filing: Judges act promptly on probable cause for warrant/commitment. Arraignment follows after the court acquires jurisdiction over the person.
Rights of the arrested person post-resolution
- Right to counsel at all stages, including bail and reinvestigation.
- Right to apply for bail when bailable; hearing if non-bailable.
- Right to preliminary investigation (if timely invoked with a waiver under Art. 125 or via motion for reinvestigation when Information is already filed).
- Right against unlawful detention: If continued custody lacks legal basis (no filed Information, no valid commitment order, or inquest dismissal), counsel may seek immediate release (e.g., via motion or habeas corpus).
Common documents you’ll see after an inquest resolution
- Inquest Resolution (dispositive portion: file/RFI/dismiss).
- Information (if filed), with Prosecutor’s Certification.
- Commitment Order (if the accused remains detained).
- Bail bond or Order granting/denying bail.
- Subpoena and PI notices (if RFI).
- Court processes: Warrant or Summons, Order setting arraignment, Pre-trial Order.
Checklists
For police/complainant
After File Information:
- Turn over complete chain-of-custody and evidence logs; confirm evidence marking and inventory.
- Coordinate attendance of affiants.
- Track court orders (arraignment dates, subpoenas).
After RFI/PI:
- Prepare robust Complaint-Affidavit with annexes; ensure subpoena service addresses are correct; follow up on forensics.
After Dismissal:
- Calendar MR/DOJ appeal deadlines; assess gaps (elements, identification, corpus delicti) and gather missing proof.
For the arrested person (and counsel)
If Information filed:
- Bail strategy (or bail hearing).
- Consider Motion for Reinvestigation and hold arraignment in abeyance pending resolution.
- Evaluate grounds to quash (e.g., facts do not constitute an offense; court lacks jurisdiction; defective Information).
If RFI/PI:
- Draft a Counter-Affidavit with documentary annexes; consider affirmative defenses and jurisdictional objections.
If Dismissed:
- Keep records; monitor for any DOJ appeal by the complainant; be aware of potential PHDO/HDO applications.
Practical pitfalls & tips
- Incomplete annexes at inquest often lead to RFI; build the file early (CCTV certifications, lab results, medico-legal).
- Chain-of-custody defects (e.g., in drug, firearm, or seized-property cases) can be fatal—fix documentation immediately.
- Bail readiness: Have IDs, community tax certs, surety contacts, and proposed bonds prepared to avoid unnecessary jail time.
- Arraignment timing: If seeking reinvestigation or to resolve a MR/DOJ review, move to suspend arraignment to preserve defenses.
- Travel restraints: A PHDO can be sought by prosecutors in the RTC at PI stage for certain offenses—accused should monitor and oppose if improper; complainants should consider it for flight-risk respondents.
If you want, tell me which of the three outcomes your case involves (filed, RFI, or dismissed), and I’ll tailor a step-by-step plan and draft the exact filings (MR, Petition for Review, Motion for Reinvestigation, Bail Motion) with checklists and templates.