A bench warrant of arrest (BWA) in the Philippines is issued by a judge when a person fails to appear in court as required, violates a court order, or disregards conditions of bail or release on recognizance. It is governed primarily by the Revised Rules of Criminal Procedure (Rule 114 on Bail and Section 20 of Rule 112), the 1987 Constitution (Article III, Section 14(2) on the right to bail and Section 1 on due process), and jurisprudence from the Supreme Court.
Nature of a Bench Warrant
- A bench warrant is not a warrant issued upon the filing of an information after probable cause determination (regular warrant under Rule 112, §6).
- It is issued in the course of an existing case when the accused (or sometimes a witness) disobeys a lawful order of the court, most commonly for non-appearance.
- It is usually non-bailable at the outset because the accused has already forfeited the initial bail (if any) by jumping bail or failing to appear.
Immediate Effect of Arrest Under a Bench Warrant
Upon arrest, the person is brought before the court that issued the warrant as soon as practicable, ideally within 12 to 36 hours, depending on distance and circumstances (similar to inquest rules under Republic Act No. 7438 and the Revised Rules).
The executing officer must deliver the arrested person to the nearest police station or jail, and the officer in charge must immediately transmit the warrant and the person to the issuing court.
Maximum Allowable Period of Detention Without Judicial Action
The Supreme Court has repeatedly ruled that no one may be detained indefinitely under a bench warrant without being brought before the issuing judge. The key constitutional and procedural timelines are:
12-18-36-Hour Rule (RA 7438 and jurisprudence)
- 12 hours — for light offenses
- 18 hours — for offenses punishable by light penalties or equivalent
- 36 hours — for serious offenses punishable by more than 6 years imprisonment
- Within these periods, the arrested person must be delivered to the judicial authority (the judge who issued the BWA).
Failure to deliver within these periods makes the arresting officers liable under RA 7438 and Article 125 of the Revised Penal Code (delay in the delivery of detained persons to the proper judicial authorities).
Immediate Hearing Upon Surrender or Arrest The issuing court is mandated to immediately hear the arrested person to:
- Determine why the accused failed to appear or violated the court order.
- Fix a new bail (if the offense is still bailable).
- Order continued detention if the accused cannot post the new (usually increased) bail or if the offense has become non-bailable because of the flight.
Supreme Court Administrative Circular No. 12-94 (and later circulars) and the 2017 Amendments to the Rules of Criminal Procedure require that the accused be brought before the court without delay.
When Detention Becomes Illegal
Detention becomes illegal if:
- The accused is not brought before the issuing court within the 36-hour constitutional limit (or shorter periods under RA 7438).
- After being brought to court, the judge fails to conduct an immediate hearing and simply orders indefinite detention without resolving the bail issue.
- The court refuses to allow posting of new bail when the offense is bailable (violates Article III, §13 of the Constitution).
See: Sayo v. Chief of Police (1948), Medina v. Orozco (1968), and more recent cases such as De los Santos v. Judge Peralta (G.R. No. 173827, 2010) and Enrile v. Sandiganbayan (2015, on excessive bail).
Posting of New Bail After Arrest Under Bench Warrant
- If the original offense is bailable, the accused has the right to post new bail (usually higher) immediately upon being brought before the judge.
- The judge cannot deny bail arbitrarily; denial must be justified in a written order with clear reasons.
- Once new bail is posted and approved, the accused must be released immediately. Any further detention is illegal and may give rise to a petition for habeas corpus.
Special Cases
- Probation violators arrested under bench warrant: Detention is limited only until the revocation hearing, which must be summary and prompt.
- Material witnesses detained for contempt: Maximum 6 months under Article 213, Revised Penal Code.
- Non-bailable offenses (e.g., plunder, murder when evidence of guilt is strong): The accused may be detained pending trial, but this is not because of the bench warrant per se but because of the nature of the offense.
Remedies if Detention Exceeds Allowable Period
- Motion to Lift Bench Warrant and Post New Bail — filed in the issuing court.
- Petition for Habeas Corpus — if detention is already illegal (Rule 102, Rules of Court).
- Administrative and Criminal Complaints against the judge or law enforcers for violation of RA 7438 and Article 125, RPC.
Summary of Maximum Lawful Detention Periods Under Bench Warrant
| Situation | Maximum Initial Detention Before Judicial Action | After Judicial Action |
|---|---|---|
| Light offenses | 12 hours | Immediate release upon posting new bail or compliance |
| Offenses ≤6 years | 18 hours | Immediate release upon posting new bail or compliance |
| Serious offenses >6 years (bailable) | 36 hours | Immediate release upon posting new bail |
| Non-bailable offenses | 36 hours | Detention pending trial (not because of BWA but because offense is non-bailable) |
In practice, no person may be detained beyond 36 hours under a bench warrant without being brought before the issuing judge, and once brought, the judge must immediately resolve the bail or release issue. Any detention longer than that without judicial resolution of the cause of arrest is unconstitutional and illegal.
This principle is firmly entrenched in Philippine jurisprudence and is non-negotiable under the 1987 Constitution and the Revised Rules of Criminal Procedure as amended in 2000 and 2017.