How to Inquire About a Warrant of Arrest in the Philippines
This article explains, in practical detail, how to find out if a warrant of arrest exists, who can inquire, where to check, what your rights are, and what to do next—whether you’re asking for yourself, a family member, or as counsel.
1) First principles: what a warrant of arrest is (and isn’t)
- Purpose. A warrant of arrest is a court order directing law enforcers to take a person into custody to answer for a criminal charge.
- Who issues. Only a judge may issue a warrant of arrest after personally determining probable cause based on the prosecutor’s records and sworn statements.
- Particularity. It must identify the person to be arrested (by name or a sufficiently particular description) and the offense charged.
- Validity period. Unlike search warrants, arrest warrants generally do not expire and remain enforceable until served, recalled, or the case is terminated.
- Effect. A warrant does not determine guilt. It merely authorizes arrest so the case can proceed.
2) Who may inquire
- The person named in the warrant may directly inquire.
- A lawyer may inquire and obtain certified copies upon proof of representation (entry of appearance, SPA, or authorization).
- Immediate family or a trusted representative can inquire with a Special Power of Attorney (SPA) and valid IDs.
- Employers and third parties generally need the subject’s written consent; court and law-enforcement offices will observe data-privacy safeguards.
3) Where to check (and why use multiple channels)
No single public website reliably shows all active arrest warrants nationwide. Practical practice is to check through several official channels:
A. The issuing Court (most reliable)
Best starting point if you know where the case would likely be filed (place where the offense allegedly happened or where the complaint was investigated).
Courts to consider:
- Metropolitan/ Municipal Trial Court (MeTC/MTC/MCTC) for many offenses, especially those punishable by lower penalties and violations of local ordinances or special laws triable by first-level courts.
- Regional Trial Court (RTC) for more serious offenses.
How to inquire:
- Go to (or contact) the Office of the Clerk of Court (OCC) or the branch and request a docket search under the person’s name (bring ID and SPA if you’re not the subject).
- Ask if a case is pending and whether a warrant of arrest has been issued/served/recalled.
- Request certified true copies (CTCs) of the Information, Order issuing/recalling the warrant, and the warrant itself, if available.
Tip: If you don’t know the exact court, start with the city/province OCC where the alleged incident occurred, and also the prosecutor’s office that handled the preliminary investigation (see Section 3C).
B. Police Warrant Section / City or Provincial Police Office
- The Warrant and Subpoena Section maintains copies of warrants received for service within its area.
- You can request a name-based check; some offices require a letter, ID, and (for third parties) SPA.
- Expect limits: police records reflect warrants transmitted for service in that locality; a warrant issued elsewhere may not appear until forwarded.
C. Office of the City/Provincial Prosecutor (or the National Prosecution Service)
- Useful to trace the case: ask whether a Resolution found probable cause and if/when the Information was filed in court (which court and docket number).
- Once you confirm the docket number and court, proceed to Section 3A to verify the warrant.
D. National Bureau of Investigation (NBI) and Police Clearance
- NBI Clearance and Police Clearance are practical screens; a “HIT” often signals a case or warrant associated with your name.
- A HIT is only an alert. To clear or verify it, you still need to secure court records showing disposition (e.g., recall of warrant, bail, acquittal, or dismissal), then return to NBI for clearance lifting.
E. Bureau of Immigration (for travel concerns)
- Hold Departure Orders (HDOs) in criminal cases are issued by courts (usually RTCs) and are separate from arrest warrants.
- If you anticipate travel, ask counsel to check for any HDO in the same court where the case is pending. An arrest warrant does not automatically create an HDO, but serious cases often involve both.
4) What to prepare before you inquire
- Valid government ID(s) (subject and inquirer/representative).
- SPA or Authorization Letter (if you are not the subject); bring the principal’s ID photocopy.
- Basic case details (if known): name variants, birthdate, last known address, probable place/date of alleged incident, names of complainants.
- Cash for fees (certified copies, clearances).
- Lawyer’s details (if represented): calling card or entry of appearance.
5) Step-by-step: if you suspect a warrant exists
Identify the likely venue. Where did the alleged incident occur? Where was the complaint filed or PI conducted?
Check with the Prosecutor’s Office. Ask if a Resolution found probable cause and where/when the Information was filed.
Go to the identified Court. Request a name search and, if positive, ask whether a warrant issued and obtain CTCs of:
- Information (or Complaint),
- Order(s) on issuance/recall of warrant,
- The warrant (if available).
Cross-check with the Police Warrant Section where you currently reside and where the offense allegedly occurred.
Secure an NBI Clearance to confirm any HIT; if there’s a hit, gather the court documents and return to NBI for adjudication/clearance lifting.
6) If a warrant exists: your options, fast
Coordinate with counsel immediately. Your lawyer can talk to the court and police to arrange a safe, orderly process.
Voluntary surrender. Present yourself to the issuing court (or the police who will bring you to that court). Voluntary surrender places you in custody of the law, a precondition to bail in most cases.
Apply for bail (if bailable).
- Where to file: Generally in the court where the case is pending. If arrested/surrendering outside that court’s locality, you may post bail with a nearby court authorized by the Rules, which will transmit the papers to the trial court.
- Forms of bail: cash deposit, corporate surety, property bond, or recognizance (where allowed).
- Documents to bring: government ID, proof of residence, and any supporting papers for recognizance/property bond.
Ask for recall/lifting if the warrant was issued due to a failure to appear and you have justifiable cause (e.g., lack of notice, medical emergency). Your lawyer can file a Motion to Recall/ Lift Warrant and, if appropriate, set the case for immediate appearance and bail.
Challenge the warrant (if defective): Counsel may file a motion to quash/recall warrant or seek higher-court relief (e.g., certiorari) based on lack of probable cause, lack of personal determination by the judge, or other fatal defects—often paired with a motion on the Information (e.g., motion to quash) or issues in preliminary investigation (e.g., denial of the right to submit counter-affidavits).
7) Arrest without warrant vs. arrest on warrant (know the difference)
- Warrantless arrests are allowed only in narrow cases (e.g., in flagrante delicto, hot pursuit, or escapee). These are not based on a court-issued warrant.
- Arrest on warrant stems from a court’s probable cause determination after filing of the Information (or in some cases during inquest/PI leading to filing).
Understanding which applies affects how and where you seek bail, and what remedies are available.
8) Your rights when inquiring and upon arrest
- Right to counsel at every stage of custodial investigation and during critical stages of the case.
- Right to be informed of the nature and cause of accusation (you can obtain copies of the Information and the court’s order).
- Miranda rights upon arrest (to remain silent and to have competent and independent counsel, preferably of your choice).
- Right to bail (for bailable offenses) and to a speedy trial.
- Right to humane treatment and to contact family/lawyer.
- Right to due process in preliminary investigation (if applicable).
9) Special situations
A. You live or work far from the issuing court
- Coordinate with counsel to arrange surrender and apply for bail with the nearest competent court if allowed, or plan a same-day appearance before the issuing court to minimize detention.
B. Overseas Filipino Workers (OFWs)
Execute an SPA at the Philippine Embassy/Consulate (notarized/consularized) authorizing a lawyer or family member to:
- inquire with prosecutors, courts, and police;
- obtain certified copies;
- coordinate surrender and bail if/when you return.
C. Name confusion or “namesake”
- Request the court to note middle name/birthdate/ID numbers; obtain CTCs showing the accused is a different person and present these to police/NBI to clear the record.
D. Missed subpoena or hearing due to address problems
- File a Notice of Correct Address and Motion to Lift Warrant with supporting proof (barangay certification, lease, utility bills), and appear at the earliest setting.
10) Frequently asked questions (FAQs)
Q1: Can I see a copy of the warrant online? Not reliably. Some courts use electronic systems to transmit warrants to law enforcement, but public online access is limited. Go through the court or official channels listed above.
Q2: Will asking the court or police “trigger” an arrest? If a warrant exists, police may enforce it. That’s why inquiries are best done through counsel who can coordinate a controlled surrender and same-day bail when possible.
Q3: Does a warrant automatically bar me from traveling? No. Arrest warrants and HDOs are different. But an existing warrant increases risk at ports of exit if you are intercepted. Consult counsel before traveling.
Q4: The warrant is years old. Is it still valid? Yes, generally until recalled or served, unless the case has been dismissed or otherwise terminated.
Q5: Can I post bail without surrendering? As a rule, courts require that the accused be in custody of the law, which you may achieve by voluntary surrender when you apply for bail.
11) Practical timelines and costs (what to expect)
- Court/OCC name search: same day to a few days, depending on congestion.
- CTCs: often same day; fees per page plus certification.
- NBI clearance with HIT: verification can take several days and may require court CTCs.
- Motion to Lift/Recall Warrant: depends on the court’s calendar; urgent motions can sometimes be heard promptly.
(These are typical ranges; actual timing varies by court and locality.)
12) Templates you can use (fill-in and print)
A. Simple Authorization Letter (for basic inquiries)
Date: ____________
To: [Name of Office/Court/Police Unit]
Address: ____________________________
I, [Full Name], born [DOB], of [Address], hereby authorize [Authorized Person’s Full Name],
bearing ID No. [ID Number and Type], to inquire on my behalf regarding any criminal case(s)
or warrant(s) of arrest issued in my name and to obtain information necessary to verify the
existence and status of such case(s), subject to your procedures.
Attached are copies of our valid IDs.
Signature: __________________
Printed Name: _______________
B. Special Power of Attorney (SPA) – Warrant Inquiry and Case Coordination
KNOW ALL MEN BY THESE PRESENTS:
I, [Principal’s Full Name], of legal age, [civil status], Filipino, with address at [Address],
do hereby APPOINT [Attorney-in-Fact’s Full Name], of legal age, Filipino, with address at
[Address], as my true and lawful Attorney-in-Fact to:
1) inquire from any Prosecutor’s Office, Court (MTC/MeTC/RTC), Police Office, Warrant Section,
and the NBI regarding any criminal complaint, case, or warrant of arrest in my name;
2) request and receive certified true copies of records (e.g., Information, Orders, Warrant);
3) coordinate voluntary surrender arrangements and receive documents related to posting of bail;
4) sign and submit documents reasonably necessary to accomplish the foregoing.
This SPA is valid until revoked in writing.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of __________, 20___ at
[City/Province], Philippines.
_________________________
[Principal’s Full Name]
(attach government ID)
ACCEPTANCE:
I accept the foregoing appointment.
_________________________
[Attorney-in-Fact’s Full Name]
(attach government ID)
ACKNOWLEDGMENT
SUBSCRIBED AND SWORN to before me this ____ day of __________, 20___ at [City/Province],
affiant(s) exhibiting valid ID(s) indicated above.
_________________________
Notary Public
Doc. No. ___; Page No. ___; Book No. ___; Series of 20___.
C. Court Request Letter for Docket/Warrant Verification
Date: ____________
The Hon. Clerk of Court
[Name of Court/Branch]
[Address]
Re: Verification of Case and Warrant (Name Search)
Dear Clerk of Court,
I am [your name/role]. Respectfully requesting a docket search under the name:
[Full Name, aliases, birthdate, address]. If a criminal case is on file, kindly inform me of
the case number, offense, status, and whether a warrant of arrest has been issued/served/
recalled. If permissible, I request certified true copies of the Information and relevant Orders.
Attached are IDs and SPA/authorization.
Respectfully,
[Signature over Printed Name]
[Contact details]
13) Good practice and risk reduction
- Do not ignore subpoenas or notices. Keep your address updated with the court and prosecutor.
- Bring counsel early. It often shortens detention and avoids unnecessary travel or repeated appearances.
- Keep a clean paper trail. File a Notice of Appearance and Notice of Correct Address; retain receipts and CTCs.
- Be accurate with identity details. Use full name, middle name, birthdate, and government ID numbers to avoid “namesake” issues.
- Stay respectful and transparent with court and police personnel; they implement established procedures and will usually help if you come prepared.
14) Quick checklist (tear-off summary)
- Government ID(s) of subject and representative
- SPA/Authorization + photocopies
- Basic case details (location, date, complainant)
- Visit: Prosecutor’s Office → Court (OCC/Branch) → Police Warrant Section → NBI
- Obtain CTCs: Information, Order issuing/recalling warrant, Warrant itself
- Coordinate voluntary surrender + Bail plan (cash/surety/property/recognizance)
- If traveling: check for HDO separately
- Keep copies to clear NBI “HIT” later
Final word
Inquiring about a warrant in the Philippines is best done quietly, methodically, and with counsel. Start with the prosecutor or likely court to anchor the search, then confirm with police and NBI. If a warrant exists, voluntary, coordinated action—ideally with same-day bail—is usually the safest, fastest path back to normalcy while the case proceeds.