How to Clear an Outstanding Warrant of Arrest in the Philippines

This guide explains—in practical, step-by-step detail—how warrants work in the Philippines and the lawful ways to get a warrant lifted, recalled, or otherwise resolved. It covers both bench warrants (for missed hearings) and arrest warrants issued when a criminal case is filed.


1) Quick primer: what a warrant is (and isn’t)

  • Arrest Warrant: Issued by a judge after personally determining probable cause that a specific person committed a specific offense. Constitutionally requires particularity, oath/affirmation, and a judge’s personal finding of probable cause.

  • Bench Warrant: Issued by the court against an accused (or witness) who failed to appear, jumped bail, or disobeyed a court order. Often accompanied by forfeiture of the bond and an order of arrest.

  • No expiry: Warrants generally do not expire. If unserved, courts may issue alias warrants.

  • Bailable vs. non-bailable:

    • Bailable offenses: You have a right to bail; the warrant is usually recalled after valid bail is approved and you’re arraigned or as the court may direct.
    • Non-bailable offenses: You may apply for bail; court must hold a hearing to decide if evidence of guilt is strong. Until then, the warrant stands.

2) Find out exactly what you’re facing

Before taking action, pin down these facts:

  1. Case number and court (e.g., “Crim. Case No. ___, Branch ___, [City/Municipality/Province]”).
  2. Offense (statute violated), bailable or not, and recommended bail (often guided by the DOJ Bail Bond Guide; the judge has discretion).
  3. Status: Is it an arrest warrant upon filing of the Information/Complaint, or a bench warrant for failure to appear?
  4. Related orders: Any Hold Departure Order (HDO), Immigration Lookout Bulletin (ILBO), or Warrant of Arrest with Commitment Order already issued?

How to verify:

  • Check with the Clerk of Court of the branch listed on prior papers or from your counsel.
  • If you don’t know the court, start where the complaint or incident arose (city/municipal/RTC/MTCC/MeTC) and ask the criminal docket, or consult counsel to do a multi-court verification.
  • If you previously posted bail, your bondsman may also have updates.

3) Core paths to clear a warrant

A. If it’s a bench warrant (missed hearing, failure to appear)

Objective: Lift/recall the warrant and reinstate or adjust bail.

Standard steps:

  1. Engage counsel (or PAO if qualified). Prepare an Urgent Motion to Lift/Recall Bench Warrant and Reinstate Bail.

  2. Explain the absence with evidence (e.g., medical certificate, flight/road closures, wrong notice, counsel’s conflict accompanied by motion filed on time). Offer to appear immediately and undertake strict compliance going forward.

  3. Address the bond:

    • If the bond was forfeited, file (a) Motion to Set Aside Forfeiture and/or (b) Motion to Reinstate Bond (or post a new bond), explaining that the nonappearance wasn’t willful and that you promptly submitted to the court.
  4. Personally appear on the earliest available date (or on the date set in the court’s order). Bring:

    • Government ID(s)
    • Cash or manager’s check for possible fees/bail
    • Bondsman (if using surety)
  5. If the judge is satisfied, the court issues an Order lifting/recalling the bench warrant and resolving any bond forfeiture. Comply with any conditions (e.g., updated contact details, regular check-ins).

Key pointers:

  • Speed matters. The shorter the delay, the better your equities.
  • If you were not personally notified of the hearing (e.g., new address on record), show proof and update your official address.

B. If it’s an arrest warrant upon filing of a bailable case

Objective: Post bail properly and have the warrant recalled.

Standard steps:

  1. Prepare bail (cash, property, or surety). Many courts expect cash or surety for speed.

  2. Coordinate with the Clerk of Court for the exact amount, fees, and receiving hours. Bring a valid ID and 2×2 photos if required for records.

  3. Surrender and post bail:

    • The usual practice is to voluntarily surrender to the issuing court (or the station** designated** by the court) with counsel and post bail immediately.
    • Courts often require booking (mugshots, fingerprints) before or after approval—comply as instructed.
  4. Secure the Order approving bail and the Order recalling the warrant. Get certified copies.

  5. Comply with conditions (appear for arraignment, submit updated addresses, don’t leave the Philippines without leave of court if so ordered).

If the case is pending in a different locality:

  • You can apply for bail with any RTC if the arrest occurs there and the issuing court is far, but the safer, faster path is to coordinate with the issuing court for smooth recall.

C. If it’s a non-bailable offense or a warrant issued after indictment for a serious crime

Objective: Submit to the court’s jurisdiction and seek provisional liberty through a petition/application for bail (if allowed), or other lawful relief.

Standard steps:

  1. Voluntary surrender to the issuing court (or as directed) with counsel.

  2. File an Application for Bail (with Notice to the prosecution). The court must hold a bail hearing to assess if evidence of guilt is strong.

  3. While pending, you may seek:

    • Hospital/medical confinement (if justified) through proper motion with medical proof.
    • Protective custody arrangements where warranted.
  4. If bail is granted, post the approved amount and secure the Order recalling the warrant. If denied, discuss next remedies (reconsideration, certiorari on grave abuse, etc.) with counsel.


D. If the warrant is facially defective or unlawfully issued

Objective: Attack the warrant and/or the underlying case.

Possible remedies (route with counsel):

  • Motion to Quash Warrant (e.g., lack of particularity, no valid oath, judge’s failure to personally determine probable cause).
  • Motion for Reconsideration of the judge’s finding of probable cause to issue the warrant.
  • Motion to Quash Information/Complaint (jurisdictional defects, facts not constituting an offense, etc.).
  • Petition for Certiorari (Rule 65) before the proper higher court in cases of grave abuse of discretion.
  • Suppression/Exclusion of evidence obtained from an illegal arrest/search (fruit-of-the-poisonous-tree doctrine).

Note: Courts balance due process with the interest of justice. Even when you challenge the warrant, judges typically expect you to submit to jurisdiction unless the challenge is purely facial and promptly raised.


4) Bail essentials (Philippine context)

  • Forms of bail: cash deposit, surety bond (through a court-accredited bonding company), property bond, or recognizance (by law/government officer in limited cases).
  • Approval: The judge (or executive judge/authorized judge on duty) must approve bail. For out-of-court postings, follow local rules on duty courts and post-arrest procedures.
  • Amount: Guided by the DOJ Bail Bond Guide and Rules of Court; final discretion is with the judge, considering the nature of the offense, penalty, flight risk, financial capacity, and assurance of appearance.
  • Conditions: Appear when required; don’t leave the court’s jurisdiction without permission; violation can cancel bail and revive the warrant.

5) Special issues that can complicate travel & work

  • Hold Departure Order (HDO): Issued by courts; the Bureau of Immigration enforces it. If you have an HDO, seek leave of court to travel or move to lift/modify it.
  • ILBO (Immigration Lookout Bulletin Order): An administrative measure alerting ports; not a travel ban per se, but expect secondary inspection.
  • NBI/Police clearance hits: Outstanding warrants typically flag in NBI or police clearance—appearing to clear the warrant may trigger arrest if you don’t pre-arrange bail and court coordination.
  • Employment/licensing: Many employers and PRC/board processes require clearances; resolve the warrant before application windows.

6) What “voluntary surrender” really looks like

Courts look favorably on prompt, voluntary appearance. A good sequence:

  1. Call the Clerk of Court (or have counsel do it) to confirm calendar and cashier hours.
  2. Prepare IDs, funds for bail and fees, and supporting papers (medical proof, travel proof, etc. if explaining absence).
  3. Arrive early with counsel; request that your urgent motion (lift/recall or approve bail) be acted upon that day.
  4. Follow booking if required and secure certified copies of the Order recalling the warrant.
  5. Notify your employer or family only after you have the court order in hand (to avoid misunderstandings if there are delays).

7) Typical documents you (or your lawyer) will prepare

  • Urgent Motion to Lift/Recall Bench Warrant and Reinstate Bail
  • Explanation/Compliance (Rule 13; attach evidence why you missed the hearing)
  • Motion to Set Aside Forfeiture/Reinstate Bond or Manifestation that a new bond will be posted
  • Application for Bail (with Notice), or Motion to Fix Bail if amount not yet set
  • Motion to Quash Warrant and/or Motion to Quash Information (if warranted)
  • Motion for Leave to Travel / Motion to Lift or Modify HDO
  • Entry of Appearance by counsel; Compliance updating your official address and contact details

8) If you cannot afford a lawyer

  • Visit the Public Attorney’s Office (PAO) where the case is pending to assess eligibility (usually indigency-based).
  • Bring any case papers (subpoenas, resolutions, older orders, police blotter).
  • If detained, request that the custodial officer inform PAO and the court for an in-custody bail application or immediate inquest/regular filing actions.

9) Common pitfalls (and how to avoid them)

  • Waiting for the warrant to “expire” — it won’t. Ignoring it raises flight-risk concerns and makes bail harder.
  • Posting bail through unaccredited bondsmen — leads to rejection or later cancellation.
  • Traveling internationally with a pending warrant/HDO — risks offloading or arrest at the airport.
  • Giving a new address verbally — always file a formal Compliance so notices go to the correct address.
  • Assuming the recommended bail is fixed — judges can adjust amounts based on circumstances and capacity to pay.

10) Practical checklists

For bench warrants

  • Draft Urgent Motion to Lift/Recall + Explanation with evidence
  • If bond forfeited: Motion to Set Aside Forfeiture/Reinstate Bond
  • Personal appearance with counsel on earliest date
  • Certified copy of the Order lifting the warrant

For arrest warrants in bailable cases

  • Confirm recommended bail and cashier hours
  • Prepare cash/manager’s check or coordinate surety (accredited)
  • Voluntary surrender + post bail + complete booking
  • Obtain Order approving bail and Order recalling warrant

For non-bailable or serious offenses

  • Voluntary surrender
  • Application for Bail (schedule hearing; present evidence on lack of strong guilt)
  • Explore medical/protective arrangements if needed

11) Frequently asked questions

Q: Can I settle with the complainant to clear the warrant? A: Private settlement may lead to desistance or affidavit of non-interest, but the court controls the case. In public offenses, the State prosecutes. You still need a court order to lift/recall the warrant.

Q: If I’m arrested on a weekend/holiday, can I post bail? A: Many jurisdictions have an Executive Judge or duty court for after-hours bail. Police may accept bail for certain bailable offenses; procedures vary—have counsel coordinate.

Q: Will the court automatically lift the warrant after I post bail? A: Typically the court issues a separate order recalling the warrant after bail is approved. Always secure a copy.

Q: Do I need to be detained first to post bail? A: Not necessarily. Voluntary surrender before the court plus immediate bail is common practice for bailable offenses.

Q: Can the prosecutor or police lift the warrant? A: No. Only the issuing court can recall or lift a warrant.


12) Simple templates (for guidance only)

A. Motion to Lift/Recall Bench Warrant (excerpt)

URGENT MOTION TO LIFT/RECALL BENCH WARRANT AND TO REINSTATE BAIL Accused respectfully states:

  1. A bench warrant was issued on __ due to failure to appear at the hearing on __.
  2. Non-appearance was not willful; it was due to __ (attach proof).
  3. Accused promptly submits to the Court’s jurisdiction and undertakes to appear at all future settings. Prayer: That the Court lift/recall the bench warrant; set aside the forfeiture and reinstate the bond (or allow posting of a new bond); and reset the hearing.

B. Manifestation/Compliance Updating Address (excerpt)

Accused respectfully updates official address and contact details for service of court processes as follows: __. Notices sent to prior address were not received; future notices should be sent to the new address.

(Adapt these with your lawyer for your exact facts.)


13) Bottom line

To clear an outstanding warrant in the Philippines, move fast, appear voluntarily, and channel everything through the issuing court. For bench warrants, pair a credible explanation with immediate compliance and bond measures. For arrest warrants in bailable cases, post bail promptly and obtain a recall order. For non-bailable cases or questionable warrants, submit to jurisdiction and pursue the proper motions/hearings. Throughout, a competent lawyer or PAO is your best ally to ensure you walk out with a signed Order recalling the warrant—and a clear path to resolving the case.

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