In the Philippine legal system, a warrant of arrest remains valid until executed or lifted. When a warrant is returned unserved because the accused cannot be located, or if the accused jumps bail, the court issues an Alias Warrant of Arrest. This is essentially a second (or subsequent) order to law enforcement to take the individual into custody.
If you are facing an alias warrant—particularly after a previous grant of bail was forfeited—the process of regaining your liberty requires navigating specific procedural hurdles under the Revised Rules of Criminal Procedure.
1. Why an Alias Warrant is Issued
An alias warrant is typically triggered by two scenarios:
- Initial Failure to Apprehend: The original warrant expired (after the 10-day period for the return) without the police finding the accused.
- Bail Forfeiture (Jumped Bail): The accused was previously out on bail but failed to appear in court when required. In this case, the court declares the bail forfeited and issues an alias warrant for the immediate re-arrest of the accused.
2. The Legal Consequence of "Jumping Bail"
Under Rule 114, Section 21, if the accused fails to appear at a scheduled hearing without a sufficient cause, the court will:
- Declare the bail bond forfeited.
- Give the bondsman 30 days to produce the accused and explain why judgment should not be rendered against them.
- Issue an Alias Warrant of Arrest.
Once this happens, the accused loses their immediate right to be at liberty. To re-apply for bail, one must first address the standing warrant.
3. Procedural Steps to Re-apply for Bail
Step I: Voluntary Surrender or Arrest
You cannot move for bail while you are a "fugitive from justice." To invoke the court’s jurisdiction and ask for bail again, you must be in the custody of the law. This happens either through arrest by virtue of the alias warrant or through voluntary surrender.
Note: Voluntary surrender is often viewed more favorably by the court and can be used as a mitigating circumstance or a sign of good faith when requesting a reduction in the bail amount.
Step II: Filing a Motion to Set Aside Order of Forfeiture
If the alias warrant was issued because you missed a court date, your lawyer must file a Motion to Set Aside Order of Forfeiture and to Lift Alias Warrant.
- You must prove that your failure to appear was due to a "justifiable cause" (e.g., serious illness, force majeure, or lack of notice).
- If the court finds the explanation meritorious, it may lift the warrant and allow the original bail to stand.
Step III: Filing a Petition for New Bail
If the original bail was permanently forfeited, you must file a New Application for Bail.
- For Bailable Offenses: You still have a right to bail, but the court may increase the amount because you are now considered a "flight risk."
- For Non-Bailable Offenses: If you are charged with an offense punishable by Reclusion Perpetua (like Murder or Plunder) and you previously jumped bail, the prosecution will argue even more strongly that the evidence of guilt is strong and that you are a flight risk, making re-application significantly harder.
4. Factors the Court Will Consider
When deciding whether to grant bail a second time or at what amount, the judge follows Rule 114, Section 9, considering:
- The nature and circumstances of the offense.
- The penalty for the offense.
- The weight of the evidence against the accused.
- The accused’s record of appearance or flight (the most critical factor here).
- The financial ability of the accused to post bond.
5. Summary of Requirements for Re-Bail
To successfully re-apply, the following are typically required:
| Requirement | Description |
|---|---|
| Physical Appearance | The accused must be present in court or in custody. |
| Written Motion | A formal motion filed by counsel explaining the previous absence. |
| Payment of Costs | Often, the court will require the payment of fines related to the previous forfeiture. |
| New Bond | A new cash bond, property bond, or surety bond, often at a higher premium. |
6. The Risk of Increased Bail
It is common practice in Philippine courts to increase the bail amount by 50% to 100% of the original recommended sum if an alias warrant had to be issued due to the accused's willful failure to appear. This serves as a deterrent against future attempts to evade the court's jurisdiction.
Important Distinction: "Lift" vs. "Quash"
- Lifting an alias warrant happens when you surrender and the court acknowledges you are now under its jurisdiction.
- Quashing a warrant happens if the warrant was issued with legal defects (e.g., lack of probable cause). For re-application after jumping bail, you are seeking to lift the warrant through surrender and the posting of a new bond.