Under Philippine law, a Warrant of Arrest is a legal order in writing, issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to arrest a person and bring him before the court to answer for an offense.
The issuance of a warrant is governed by Rule 113 of the Revised Rules on Criminal Procedure and is protected by the Bill of Rights (Article III, Section 2 of the 1987 Constitution), which requires that no warrant shall issue except upon probable cause determined personally by the judge.
Primary Methods to Verify an Outstanding Warrant
Verifying the existence of a warrant requires interacting with specific government databases or judicial offices. While the Philippines has moved toward digitalization, some methods still require physical presence or authorized representation.
1. The National Bureau of Investigation (NBI) Clearance
The most common way Filipinos discover an outstanding warrant is by applying for an NBI Clearance.
- The "HIT" Status: When an applicant’s name matches a record in the NBI’s criminal database, the application is put on "HIT" status.
- Verification Period: A "HIT" results in a waiting period (usually 5–10 days) during which NBI personnel verify if the name match refers to the applicant and if the case is active (an outstanding warrant) or resolved.
- Risk: If the NBI confirms an active warrant for a serious offense, the applicant may be detained upon returning to the NBI office to claim the clearance.
2. The Philippine National Police (PNP) Clearance
The PNP utilizes the National Police Clearance System (NPCS). Similar to the NBI, the PNP database is integrated with the Enhanced e-Warrant System.
- Online Presence: Applicants can register via the NPCS website to schedule an appointment.
- Database Check: During the biometric capture and processing, the system cross-references the applicant’s data against the national database of persons with standing warrants.
3. The Enhanced e-Warrant System
Launched by the Supreme Court in coordination with the PNP, the e-Warrant System is a digital repository of all warrants issued by courts nationwide.
- Accessibility: This system is primarily accessible to police officers and court personnel.
- Inquiry: One can visit the Warrant and Subpoena Section of a local police station to request a verification. However, this is risky, as the officer is legally obligated to serve the warrant immediately if it exists.
4. Verification via the Clerk of Court
If a person suspects that a specific case has been filed against them in a particular city or province, they may check with the Office of the Clerk of Court (OCC) of the Regional Trial Court (RTC) or Metropolitan Trial Court (MeTC) in that jurisdiction.
- Case Docket: The OCC maintains a docket of all cases filed. If a criminal case is "Archived," it often means a warrant was issued but the accused has not yet been apprehended.
Summary of Verification Channels
| Method | Agency | Primary Purpose | Risk Level |
|---|---|---|---|
| NBI Clearance | NBI | Employment/Travel | Medium (Arrest possible on claim date) |
| National Police Clearance | PNP | General Identification | Medium (Real-time database check) |
| Clerk of Court Inquiry | Judiciary | Case Status Verification | Low (If done by a lawyer) |
| Warrant Section Inquiry | Local Police | Direct Warrant Check | High (Immediate arrest) |
The Role of Legal Counsel in Verification
To mitigate the risk of immediate incarceration, individuals often employ a Legal Counsel to perform the verification.
- Proxy Verification: A lawyer can visit the court or the police station on behalf of the client to inquire about the status of a case without the client being physically present.
- Case Monitoring: Lawyers can check the Prosecution Office to see if a Preliminary Investigation has resulted in a resolution (Indictment) and the subsequent filing of "Information" in court, which precedes the issuance of a warrant.
Important Legal Considerations
The Rule on Voluntary Surrender
If a warrant is discovered, the individual may opt for Voluntary Surrender. In the Philippines, this is considered a mitigating circumstance under the Revised Penal Code, which may lead to a lower penalty if the person is eventually convicted.
Bail and Recognizance
Upon confirming a warrant, the accused has the right to post bail, provided the offense is bailable.
- Bailable Offenses: The judge sets a specific amount for the temporary release of the accused.
- Non-Bailable Offenses: If the offense is punishable by Reclusion Perpetua (e.g., Murder, Plunder, Large-scale Estafa) and the evidence of guilt is strong, the accused cannot post bail.
Motion to Quash
A warrant may be challenged through a Motion to Quash the warrant or the Information itself. Common grounds include:
- The court has no jurisdiction over the offense.
- The facts charged do not constitute an offense.
- The criminal action or liability has been extinguished (e.g., prescription of the crime).