What happens after a warrant of arrest is issued in the Philippines? Once a court issues a warrant of arrest, the accused may be arrested and placed in the custody of the law. The accused may also be entitled to apply for bail, depending on the offense and applicable law. Importantly, the issuance of a warrant does not mean that the accused has been found guilty.
The warrant authorizes the arrest so that the accused may be brought before the court to answer the criminal charge.
How Is a Warrant of Arrest Issued?
Under Section 6, Rule 112 of the Rules of Court, the judge must personally evaluate the prosecutor’s resolution and supporting evidence. If the judge finds probable cause, the court may issue a warrant of arrest.
The constitutional basis is Article III, Section 2 of the 1987 Constitution, which requires probable cause determined personally by the judge before a warrant of arrest may issue.
The Supreme Court has emphasized that the judge must personally determine the existence of probable cause before placing the accused under judicial custody. People v. Sandiganbayan, G.R. No. 197032, July 25, 2017.
What Happens After a Warrant of Arrest Is Issued?
After a warrant of arrest is issued, the next steps generally involve its execution, the accused’s arrest or voluntary surrender, custody, possible application for bail, and eventual arraignment and trial.
Once issued, the warrant is transmitted for execution. Under Section 4, Rule 113, the warrant should be executed within ten days from receipt, and the officer assigned to execute it must report to the issuing judge if it was not executed.
Importantly, the ten-day period is not the expiration period of a warrant of arrest. The Supreme Court has held that a warrant of arrest does not become ineffective simply because it was not executed within ten days. It remains enforceable until it is executed or recalled. Crisologo v. People, G.R. No. 104879, May 25, 1994.
Can the Accused Be Arrested at Any Time?
Yes. Under Section 6, Rule 113, an arrest may generally be made on any day and at any time of the day or night.
When executing a warrant, the arresting officer must inform the accused of the cause of the arrest and that a warrant has been issued, subject to the exceptions under Section 7, Rule 113.
What Happens After Arrest?
After arrest, the accused is placed in the custody of the law. Depending on the offense and circumstances, the accused may apply for bail.
Under Rule 114, bail is the security given for the release of a person in custody of the law to guarantee appearance before the court.
For offenses where bail is a matter of right before conviction, the accused may generally be released upon approval of the required bail. However, special rules apply to offenses punishable by reclusion perpetua or life imprisonment, particularly when the evidence of guilt is strong.
The Supreme Court has recognized that bail generally arises once the accused is in the custody of the law, including through arrest or voluntary surrender. Manotoc, Jr. v. Court of Appeals, G.R. No. 62100, May 30, 1986.
Does a Warrant Mean the Accused Is Guilty?
No.
A warrant of arrest is not a judgment of conviction. It is issued upon a judicial finding of probable cause for purposes of arrest, which is a substantially lower threshold than proof beyond reasonable doubt required for conviction.
The accused remains protected by the presumption of innocence under Article III, Section 14(2) of the Constitution.
Can a Warrant of Arrest Be Challenged?
Yes, depending on the circumstances.
Issues involving the legality of the warrant, the court’s jurisdiction, or the manner in which the arrest was conducted may require immediate legal evaluation. Certain objections may also be deemed waived if not raised at the proper stage of the proceedings.
The Supreme Court in the case of People of the Philippines v. David Salvatierra y Eguia, G.R. No. 104663 decided on July 24, 1997 has held that an objection to an illegal arrest may be waived when the accused voluntarily enters a plea without timely questioning the legality of the arrest.
Because the consequences depend heavily on the procedural history of the criminal case, the accused should obtain the warrant, information, court orders, and other relevant records for review.
What Should You Do If You Discover There Is a Warrant?
Do not ignore it.
A person who learns that a warrant of arrest has been issued should promptly determine:
- Which court issued the warrant;
- The criminal charge and docket number;
- Whether the warrant remains outstanding;
- Whether bail is available;
- Whether there are grounds to challenge the warrant or arrest; and
- What procedure should be followed for surrender and/or application for bail.
A Philippine criminal defense lawyer can review the records and advise the accused on the appropriate next procedural step.
FREQUENTLY ASKED QUESTIONS (FAQs)
Does a warrant of arrest mean you are guilty?
No. A warrant of arrest does not mean that the accused is guilty. It only means that the court has found probable cause to justify the arrest. The accused remains presumed innocent until proven guilty beyond reasonable doubt under Article III, Section 14(2) of the 1987 Constitution
How long is a warrant of arrest valid in the Philippines?
A warrant of arrest generally does not expire after ten days. The 10-day period under Rule 113, Section 4 of the Rules of Court refers to the period within which the officer assigned to execute the warrant should execute it and report if it cannot be served. It does not automatically invalidate the warrant after ten days.
The Supreme Court has recognized that a warrant of arrest may remain effective until it is executed or recalled.
Can you post bail after a warrant of arrest?
Yes, if bail is legally available. The issuance of a warrant does not by itself prevent the accused from applying for bail.
Under Rule 114 of the Rules of Court, bail may be available depending on the offense, the stage of the proceedings, and the applicable constitutional and procedural rules. For offenses punishable by reclusion perpetua or life imprisonment, bail is subject to a hearing and may be denied when the evidence of guilt is strong.
The accused generally must first be in the custody of the law, which may occur through arrest or voluntary surrender, before the right to bail may be invoked.
Conclusion
A warrant of arrest in the Philippines authorizes the arrest of an accused but does not establish guilt. After its issuance, the accused may be arrested and placed in custody, after which bail, arraignment, and the succeeding criminal proceedings may follow depending on the case.
If you or a family member has discovered an outstanding warrant of arrest, obtaining legal advice before taking action can help clarify the available procedural remedies and protect the accused’s rights.
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This article was prepared by Romualdez Law Offices, a Philippine law firm providing legal services in criminal law, family law, corporate law, civil, property, and dispute resolution.
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