LABAD MARK JEROME C.

INQUEST PROCEEDING

In the Inquest proceeding that I have attended, the

Prosecutor informed the accused that he may avail the preliminary
investigation, provided that he should waive his rights against
arbitrary detention.
The

prosecutor

met

and

interviewed

the

accused

accompanied by the Police Officers in the Prosecutors Office.

Instead of actually witnessing the interview conducted by the
fiscal, we were not able to observe it actually since it was quick.
However, The Investigating Prosecutor oriented us as to how
he conducted the interview. He also informed us the nature of an
inquest proceeding in determining probable cause which a
discretionary matter on the part of the Prosecutors, they cannot be
compelled through a petition for mandamus.
In addition, he also lectured us the remedies of the
complainant in case when a Prosecutor finds no probable cause in
a certain case. One of the said remedies is the filing for motion for
reconsideration.
One of the questions raised by one of my classmates was
regarding the application of the so called Miranda rights in an
inquest investigation. According to the Fiscal, still the Miranda
Rights can be invoked since it is part of the custodial investigation,
however it is very unlikely to be invoked by the respondent in most
of the cases. The investigating prosecutor also emphasized to us
that in determining probable cause it is not jurisdictional. Hence
the invocation of the Miranda Rights will not hold water.