How to Verify if a Person Has an Active Warrant of Arrest

In the Philippine legal system, a Warrant of Arrest is a court order issued by a judge, directed to a peace officer, commanding them to take a person into custody to answer for an offense. For individuals who suspect they may have a pending case or for legal representatives conducting due diligence, verifying the existence of such a warrant is a critical step in navigating the justice system.


The Legal Basis for an Arrest Warrant

Under Rule 113 of the Revised Rules on Criminal Procedure, a warrant is issued once a judge finds probable cause after personally evaluating the prosecutor's resolution and supporting documents. If the judge is satisfied that a crime has been committed and the person charged likely committed it, a warrant is issued.

Primary Methods of Verification

Verifying a warrant requires navigating specific government agencies. Unlike some jurisdictions with public online databases, the Philippines maintains these records through centralized but often restricted systems.

1. The Philippine National Police (PNP) – E-Warrant System

The PNP maintains the Enhanced e-Warrant System, a digitized database that centralizes all outstanding warrants issued by courts nationwide.

  • Where to go: You can visit the Directorate for Investigation and Detective Management (DIDM) at Camp Crame or the Warrant Section of your local police station.
  • Requirements: You generally need to present a valid government ID.
  • Risk Note: If you verify in person and an active warrant exists, the police are legally obligated to serve it immediately and take you into custody.

2. The National Bureau of Investigation (NBI)

The NBI tracks criminal records through its clearance system.

  • The "Hit" Process: When you apply for an NBI Clearance, the bureau checks its database for any pending criminal cases or active warrants.
  • Verification: If you have a "hit," it means there is a person with the same name involved in a case. You will be asked to return for a "quality check" where they verify if the record belongs to you. If it is confirmed as an active warrant, the NBI may detain you.

3. Court Records (The Clerk of Court)

If you know which specific city or municipality a complaint might have been filed in, you can check with the Office of the Clerk of Court (OCC) of the Regional Trial Court (RTC) or Metropolitan/Municipal Trial Court (MeTC/MTC).

  • Method: You or a legal representative can request a search of the court docket.
  • Benefit: This is often the most accurate way to find the specific case number and the bail amount recommended by the court.

Key Information Found in a Warrant

When a warrant is verified, it typically contains the following essential details:

  • Case Number: The specific designation (e.g., Criminal Case No. 12345).
  • The Presiding Judge: The official who signed the order.
  • Nature of the Offense: The specific violation of the Revised Penal Code or Special Laws.
  • Recommended Bail: The amount fixed by the court for the temporary release of the accused (unless the offense is non-bailable, such as Murder or large-scale Estafa).

The Role of a Legal Representative

To avoid the risk of immediate arrest during the verification process, it is standard practice to engage a Lawyer.

  1. Indirect Inquiry: A lawyer can check court dockets or coordinate with the police/NBI without the physical presence of the client.
  2. Entry of Appearance: Once a warrant is confirmed, a lawyer can file a Motion to Quash (if there are legal grounds to invalidate the warrant) or assist in the Voluntary Surrender and the immediate posting of bail.

Important Legal Safeguards

  • Lifetime of a Warrant: In the Philippines, a warrant of arrest does not expire. It remains valid until the person is arrested, the case is dismissed, or the warrant is lifted by the court. The "10-day period" often cited in law refers only to the period within which the police officer must report back to the judge on the status of the execution; it does not invalidate the warrant itself.
  • The Right to Information: Under the Constitution, an accused has the right to be informed of the nature and cause of the accusation against them. This begins with being shown the warrant (or being informed of its existence) during the arrest.

Strategic Considerations

If you discover an active warrant, the most effective course of action is to post bail. This can be done at the court that issued the warrant or, if you are arrested in a different location, at any executive judge of the RTC in that area. Once bail is approved, the court will issue a Release Order, and the warrant is considered served and inactive.

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