In the Philippines, an outstanding warrant of arrest remains valid and enforceable until the accused is arrested, posts bail (if bailable), or the case is otherwise resolved or archived. Many Filipinos are unaware that old warrants from decades ago are still active and can lead to sudden arrest at immigration counters, police checkpoints, or even during routine barangay clearances. This article explains everything a layperson or legal practitioner needs to know about verifying and addressing outstanding warrants under Philippine law and practice.
Types of Warrants Issued in the Philippines
- Warrant of Arrest (most common) – issued by judges (RTC, MTC, MTCC, MCTC) when probable cause is found after personal examination of the complainant and witnesses (Rule 112, Revised Rules of Criminal Procedure).
- Search Warrant – for seizure of property or persons.
- Alias Warrant of Arrest – issued when the original warrant cannot be served (e.g., accused cannot be found).
- Warrant of Arrest in deportation proceedings (Bureau of Immigration).
This article focuses primarily on criminal warrants of arrest.
Where Warrants Are Recorded
Warrants do not expire and are recorded in several government databases:
- Court of origin (RTC/MTC branch that issued it)
- National Police Warrant Registry (e-Alarm System of the PNP Directorate for Investigation and Detective Management – DIDM)
- Bureau of Immigration Alert List System (if the accused tries to leave the country)
- Local police stations (sometimes manually kept)
- NBI Clearance database (if the case reached the DOJ or was filed in court)
Legal and Practical Ways to Check for Outstanding Warrants
1. National Bureau of Investigation (NBI) Clearance
- The most common and reliable method used by 95% of Filipinos.
- When you apply for an NBI clearance, the system automatically checks against all courts nationwide for “hits.”
- If there is an outstanding warrant, it will appear as a “HIT” with the name of the court, case number, and offense.
- Cost (2025): ₱130–₱200 + biometric fee.
- Validity: 1 year.
- You can apply online via clearance.nbi.gov.ph or at NBI main office and satellite branches.
2. Philippine National Police (PNP) Warrant of Arrest Inquiry
- Visit the PNP DIDM office at Camp Crame, Quezon City, or email didm@pnp.gov.ph with full name, date of birth, and mother’s maiden name.
- Some regional and provincial DIDM offices accept walk-in inquiries.
- PNP can now issue a Certificate of No Pending Warrant (rarely requested).
3. Direct Inquiry at the Court That Allegedly Issued the Warrant
- If you already know the court (from an NBI hit or old subpoena), go personally or send an authorized representative with a letter-request and valid IDs.
- Ask the clerk of court to check the docket and issue a Certificate of No Pending Case/Warrant or a certified true copy of the warrant if it exists.
4. Bureau of Immigration (BI) Travel Clearance Check
- If you are worried about being off-loaded at the airport, you may request a BI “derogatory check” in writing at least 72 hours before departure (rarely done in practice).
5. Online or Third-Party Services (Unofficial)
- Several websites and Facebook pages claim to check warrants online for a fee. These are usually run by fixers connected to PNP personnel. They are not official and carry risks of data privacy breaches and extortion.
What to Do If There Is an Outstanding Warrant (You Have a “Hit”)
- Do NOT ignore it. The warrant remains active indefinitely unless recalled or quashed.
- Secure a certified true copy of the warrant from the issuing court.
- Determine if the offense is bailable:
- Bailable (most offenses except capital offenses when evidence of guilt is strong): You can post bail at the court that issued the warrant or, in some cases, at the nearest RTC/MTC even on weekends/holidays (Rule 114).
- Non-bailable (e.g., plunder, murder, rape with strong evidence): File a petition for bail with hearing.
- File a Motion to Recall Warrant / Motion to Quash Information (if there are legal grounds such as lack of probable cause, prescription, mistaken identity, etc.).
- In practice: Most people simply surrender voluntarily at the court or police station, post the recommended bail, and attend arraignment.
Posting Bail to Lift the Warrant (Most Common Resolution)
- Bail lifts the warrant instantly upon approval.
- You can post bail even before arrest (called “posting bail in advance” or “preventive bail”).
- Cash bail, surety bond (from GSIS or insurance companies), or property bond.
- After posting, the court issues an Order of Release and recalls the warrant, which is then transmitted to PNP and BI.
Special Situations
- Old estafa cases (BP 22, estafa, libel) from 1990s–2000s: Thousands of dormant warrants exist. Many are archived but not formally dismissed.
- Cases filed by private complainants who have died or lost interest: The warrant remains unless the complainant executes an Affidavit of Desistance and the prosecutor moves for dismissal.
- Mistaken identity: Common with common names (e.g., “Juan de la Cruz”). Bring NSO/PSA birth certificate, NBI clearance, and affidavits to the court.
- Warrants issued by Sandiganbayan, Court of Tax Appeals, or Sharia courts: These do not always appear immediately in NBI hits.
Prescription of Crimes vs. Prescription of Warrants
- The crime may have already prescribed (e.g., estafa prescribes in 15 years), but the warrant remains valid until the court formally dismisses the case.
- You must file a Motion to Quash based on prescription; the warrant is not automatically lifted.
Key Reminders
- An outstanding warrant is a continuing ground for arrest anytime, anywhere in the Philippines (and sometimes abroad via Interpol red notice if the case is serious).
- Immigration will off-load you if your name is in the BI alert list.
- Employers (especially for government positions and overseas jobs) require NBI clearance; a hit will disqualify you.
- Voluntary surrender and immediate posting of bail is almost always the fastest and cheapest solution.
By regularly securing an NBI clearance (especially before international travel or government employment), Filipinos can discover and address outstanding warrants before they result in embarrassing or dangerous arrests. If a warrant is discovered, immediate consultation with a lawyer and voluntary appearance at the issuing court is the standard and most effective remedy under Philippine criminal procedure.