How to Check if a Person Has an Outstanding Warrant of Arrest

In the Philippine legal system, a Warrant of Arrest is a legal order issued by a judge, directed to a peace officer, commanding them to arrest a person and bring them before the court to answer for a criminal offense. Knowing your legal status regarding such orders is crucial for exercising your right to due process.


1. How the Process Begins

Before a warrant is issued, a criminal complaint undergoes Preliminary Investigation (for offenses with a penalty of at least 4 years, 2 months, and 1 day).

  • The Prosecutor: Determines if "probable cause" exists to file an Information (formal charge) in court.
  • The Judge: Once the case is filed in court, the judge personally evaluates the prosecutor's report and supporting documents. If the judge finds probable cause, the warrant is issued.

2. Methods to Check for an Outstanding Warrant

There is no single, publicly accessible website where you can simply type a name to see all warrants nationwide due to privacy and security concerns. However, you can verify through the following channels:

A. National Police Clearance (NPCS)

The most common way to check for hits in the police database is through the National Police Clearance System.

  • Process: You must register online and visit a police station for biometrics and photo capture.
  • The "Hit": If your name matches a person with an outstanding warrant, it will result in a "hit." While this confirms the warrant, be aware that the police are duty-bound to execute the warrant immediately if a positive match is confirmed.

B. NBI Clearance

Similar to the police clearance, the National Bureau of Investigation (NBI) maintains a massive database of criminal records.

  • If you apply for an NBI clearance and receive a "Delayed" status or are asked to proceed to the "Quality Control" section, it often indicates a name match with a criminal case or an existing warrant.

C. Court Records (The Safest Route)

If you suspect a case has been filed against you in a specific city or province, you can have a representative (usually a lawyer) check the Office of the Clerk of Court (OCC) of the Regional Trial Court (RTC) or Metropolitan Trial Court (MeTC) in that jurisdiction.

  • Checking the "Criminal Docket" will reveal if an Information has been filed and if a warrant has been issued.
  • Advantage: This method allows you to verify the information through legal counsel without risking immediate physical arrest.

D. Online Case Tracking (E-Courts)

Some jurisdictions in the Philippines use the e-Court system. While not all details are public, certain case statuses can be viewed if you have the specific case number or are a party to the case.


3. Key Legal Principles to Remember

  • Validity: Unlike a Search Warrant (which is valid for only 10 days), a Warrant of Arrest does not expire. It remains valid until the person is arrested or the court quashes (cancels) the warrant.
  • The 10-Day Rule for Officers: The officer assigned to the warrant must execute it within 10 days of receipt. If they fail to do so, they must file a report to the judge explaining why. However, the warrant itself stays active.
  • Alias Warrant: If the original warrant is returned unserved, the court may issue an "Alias Warrant," which is essentially a reissue of the arrest order.

4. What to Do if a Warrant Exists

If you discover a warrant has been issued against you, the following steps are typically advised under Philippine law:

  1. Consult a Lawyer: Do not attempt to evade the law. A lawyer can check if the offense is bailable or non-bailable.
  2. Post Bail: If the offense allows bail, you can proactively go to court to post a cash bond or surety bond. This results in a "Recall of Warrant" or an "Order of Release," preventing actual incarceration.
  3. Motion to Quash: If there are legal defects in the warrant (e.g., the court has no jurisdiction or the facts don't constitute an offense), your lawyer may file a Motion to Quash the warrant or the Information itself.

5. Rights During Arrest

If the warrant is served, the arresting officers must:

  • Identify themselves as peace officers.
  • Inform you that you are being arrested by virtue of a warrant.
  • Show you the warrant as soon as practicable (though they do not need to have it in hand at the exact second of the arrest, provided they inform you of its existence).
  • Respect your Miranda Rights (the right to remain silent and the right to competent and independent counsel).

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.