In the Philippine legal system, an Alias Warrant of Arrest is issued when the original warrant of arrest is returned by the peace officer to the court without being served (usually because the accused cannot be located), or when the accused escapes or jumps bail.
When an alias warrant is issued due to a failure to appear or a violation of bail conditions, the process of re-applying for bail becomes more complex than the initial application.
1. The Legal Consequence of an Alias Warrant
Once an alias warrant is issued, the accused is technically considered a "fugitive from justice" if they were previously aware of the charges. If the warrant was issued because the accused jumped bail (failed to appear in court despite being out on bond), the court typically orders the confiscation of the previous bail bond.
- Status of the Case: The case is usually archived until the accused is arrested or voluntarily surrenders.
- Bail Forfeiture: The court gives the bondsman 30 days to produce the accused; failure to do so results in a judgment against the bond.
2. The Prerequisites for Re-applying
You cannot apply for bail while you are "at large." To re-apply for bail after an alias warrant has been issued, the accused must first:
- Voluntarily Surrender: Appear before the court that issued the warrant.
- Be Arrested: Be taken into custody by law enforcement.
Note: Under Philippine law, custody of the law is required before the court can exercise jurisdiction over the person of the accused and grant the application for bail.
3. Step-by-Step Process to Re-apply
I. Motion to Lift Alias Warrant
The first step is for the counsel of the accused to file a Urgent Omnibus Motion to Lift Alias Warrant of Arrest and Re-admit Accused to Bail.
II. Justification of Absence
The court will require an explanation as to why the accused failed to appear or why the warrant could not be served initially. Valid reasons might include:
- Lack of actual notice (the subpoena was sent to the wrong address).
- Serious medical emergency (supported by a notarized medical certificate).
- Fortuitous events or force majeure.
III. The Hearing for Re-admission to Bail
The judge will hold a hearing to determine if the accused is a flight risk. If the original bail was forfeited because the accused deliberately evaded the law, the judge has the discretion to:
- Increase the amount of bail: Often doubled or significantly raised to ensure future compliance.
- Deny bail: If the evidence of guilt is strong in a capital offense, or if the court deems the accused a high flight risk.
4. Financial Considerations
Re-applying for bail after a forfeiture is more expensive.
- New Premium: You must pay a new premium to a surety company, or deposit a new cash bond. The old bond is gone once forfeited.
- Lifting Fee: There may be court fines associated with the failure to appear.
5. Remedies if Bail is Denied
If the RTC or MTC denies the motion to re-admit the accused to bail, the following remedies are available:
- Motion for Reconsideration: Filed within 15 days of the denial.
- Petition for Certiorari (Rule 65): If the denial involved grave abuse of discretion amounting to lack or excess of jurisdiction.
Summary Table: Initial Bail vs. Re-application
| Feature | Initial Bail Application | Re-application After Alias Warrant |
|---|---|---|
| Presumption | Presumed eligible unless a capital offense. | Viewed with scrutiny; accused seen as a flight risk. |
| Amount | Based on the DOJ Bail Bond Guide. | Usually higher than the standard guide. |
| Requirements | Standard identification and photos. | Must include a Motion to Lift and a valid excuse for prior absence. |
| Court Stance | Routine procedure. | Discretionary and often requires a formal hearing. |
Important Precaution
Always ensure that the Order Lifting the Alias Warrant is properly served to the police agencies (PNP and NBI) to clear the accused's record. Merely paying the bond is not enough; the warrant must be officially recalled by the court to avoid "accidental" arrests during routine checkpoints or NBI clearance applications.