Short answer
- Carry: Philippine law does not strictly require the arresting officer to have the physical warrant on hand at the moment of arrest.
- Show: If the arrest is by virtue of a warrant, the officer must inform you of the cause of the arrest and the fact that a warrant exists, and must show the warrant if you ask, as soon as practicable.
- No-warrant arrests: If you’re arrested without a warrant (e.g., in flagrante delicto, hot pursuit, or as an escapee), there is obviously no warrant to show—but the officer still has duties to identify their authority and state the cause of the arrest, subject to narrow exceptions.
Legal foundations (Philippine context)
- 1987 Constitution - Art. III, Sec. 2: No arrest warrant shall issue except upon probable cause personally determined by a judge.
- Art. III, Sec. 12(1): Any person under investigation for an offense has the right to be informed of their right to remain silent and to have competent and independent counsel.
- Art. III, Sec. 14(2): Due process rights in criminal prosecutions.
 
- Rules of Court (Rule 113 on Arrest; Rule 126 on Search and Seizure) - Arrest by officer with a warrant: The officer must inform the person of the cause of the arrest and the fact that a warrant has been issued, and show the warrant if the person requires it. The rule recognizes that the officer need not have the warrant physically in hand at the exact moment of arrest but must present it upon demand, as soon as reasonably possible.
- Arrest without warrant (Rule 113, Sec. 5 scenarios): In flagrante delicto, hot pursuit, and escapee cases.
- Method of arrest (Rule 113, Sec. 7): Officer should make the arrest with minimal violence; must identify their authority and state the cause unless the person is in actual commission, flees, resists, or giving the information would imperil the arrest.
 
- Republic Act No. 7438 (Rights of Persons Arrested, Detained, or Under Custodial Investigation) - Requires immediate informing of rights (often called “Miranda rights”), access to counsel, notification of family, and proper documentation of custody. Violations carry criminal and administrative consequences for offending officers.
 
Do police have to carry the warrant?
No, not necessarily at the moment of arrest. The Rules of Court contemplate practical realities: an arrest team acting on a valid, issued warrant can effect the arrest even if the paper isn’t physically on the arresting officer at that instant. What matters is:
- A valid warrant exists (properly issued by a judge after personally determining probable cause), and
- The arresting officer informs the arrestee of the cause and the existence of the warrant,
- And the officer shows the warrant upon the arrestee’s demand, as soon as practicable (e.g., at the station immediately after arrest, or when another team member brings it, or by producing a copy).
Practical point: In modern practice, officers often carry a printed or certified true copy of the warrant. A clear copy (not necessarily the wet-ink original) generally suffices for purposes of “showing” the warrant.
What does “show the warrant” mean in practice?
- Timing: “As soon as practicable” means without unreasonable delay. It may occur at the arrest scene if the warrant is on hand, or at the nearest station if not. Unnecessary delay or refusal, after a demand to see it, can support administrative or even criminal complaints.
- Content you’re entitled to see: A valid arrest warrant will identify your name (or a sufficiently particular description), the offense, command your arrest, and direct that you be brought before the court. It should be signed by the issuing judge with the court clearly indicated.
- Copy for you: Unlike search warrants (where officers must leave a copy and a receipt of items seized), the Rules do not require leaving a copy of an arrest warrant with you at the moment of arrest. However, you or your counsel may obtain a copy from the court or the prosecutor’s office, and police customarily allow you to read or view the warrant when they show it.
Officer duties during arrest
Whether with or without a warrant, officers generally must:
- Identify their authority and state the cause of arrest (subject to limited exceptions if you are in the act, flee, resist, or disclosure would imperil the arrest).
- Use only necessary force.
- Inform you of your rights (right to remain silent, to counsel, that any statement may be used against you).
- Allow you to contact counsel and family and log your custody details (RA 7438).
- Bring you without unnecessary delay to the nearest police station and then before the proper court/prosecutor as the case may be.
Special scenarios
1) Arrest by warrant (the “normal” case)
- Carry? Not strictly required.
- Show? Yes, if you ask. Must be shown as soon as practicable.
- If not shown: The arrest isn’t automatically void if a valid warrant truly exists, but failure/refusal to show upon demand can ground administrative/criminal liability and may influence the evaluation of the officers’ credibility and good faith.
2) Warrantless arrests
- In flagrante delicto: You’re caught in the act.
- Hot pursuit: An offense has just been committed; the officer has personal knowledge of facts indicating you committed it.
- Escapee: You escape from jail or lawful custody.
- Show the warrant? Not applicable—no warrant exists. But officers must still state their authority and cause, and your statutory and constitutional rights fully apply.
3) Mistaken identity or wrong person named
- If the warrant names you but police arrest the wrong person, the arrest is unlawful as to that person.
- If the warrant misnames you but uniquely identifies you another way, the arrest may still stand if particularity is satisfied. Disputes go to court, often via motions or petitions (see “Remedies” below).
4) Arrests inside homes or private premises
- Entry into a dwelling to effect an arrest generally requires lawful authority: a valid arrest warrant and reasonable manner of entry, unless exceptions apply (e.g., hot pursuit, consent, exigent circumstances).
- Search vs. arrest: An arrest warrant authorizes taking a person, not a general search of the premises. A search warrant is required to search for evidence (with limited exceptions like search incident to a lawful arrest within the arrestee’s immediate control).
Consequences of non-compliance
- Criminal liability (RA 7438 and other laws): Failure to inform rights, preventing access to counsel/relative, or custodial abuses can be criminal offenses.
- Administrative liability: Officers may be disciplined for improper service of warrants or for refusing to show a warrant when demanded.
- Suppression of evidence: Evidence obtained from an illegal arrest (and any search incident to it) may be suppressed as fruit of the poisonous tree.
- Validity of prosecution: An illegal arrest does not automatically dismiss the case if the court later acquires jurisdiction over your person (for example, if you enter a plea without first challenging the arrest). Remedies must be timely asserted.
Your rights and practical steps if you’re the arrestee
- Ask: “Are you a police officer? What is the cause of my arrest? Is there a warrant? Please show it.” 
- Demand to see the warrant (if they claim to have one). The officer must show it as soon as practicable. 
- Invoke RA 7438 rights: - “I wish to remain silent.”
- “I want a lawyer of my choice. Please notify my family.”
 
- Do not resist physically. Note details (names, badge numbers, time, place, witnesses). 
- Medical examination: You are entitled to humane treatment and, under anti-torture/anti-violence statutes and PNP protocols, to appropriate medical attention and documentation of injuries. 
- At the station: Call your lawyer and family. Do not sign any statement without counsel. 
- Obtain copies: Through counsel, secure the warrant, information/complaint, and booking or blotter entries. 
Legal remedies if things go wrong
- Motion to quash the warrant or the arrest (filed before arraignment);
- Motion to suppress evidence obtained from an illegal arrest/search;
- Petition for habeas corpus if there’s illegal detention;
- Administrative complaints against officers (e.g., with the Internal Affairs Service, Napolcom);
- Criminal complaints (e.g., for violations of RA 7438, unlawful arrest, physical injuries, etc.);
- Civil actions for damages under the Civil Code and related statutes.
Frequently asked questions
1) Can the police arrest me first and show the warrant later the same day? Yes, if a valid warrant exists and officers comply with their duty to inform you and show it upon demand without unreasonable delay.
2) If they never show the warrant despite my demand, is the arrest automatically void? Not automatically—but it’s a serious procedural violation. If a warrant truly does not exist or is invalid, the arrest may be illegal, with consequences for the case and liabilities for officers.
3) Do I get to keep a copy of the arrest warrant on the spot? The Rules do not require officers to hand you a copy at the scene. You are entitled to see it upon request and can obtain a copy through your counsel from the court or prosecutor.
4) Is a digital or photocopy acceptable when “showing” the warrant? Yes. The law requires that you be shown the warrant; it does not require a wet-ink original at the curbside. What matters is the existence and validity of the warrant and prompt, reasonable presentation when you demand it.
5) What if the arrest is without a warrant? Then showing a warrant is inapplicable. The arrest must fit a recognized exception (in flagrante delicto, hot pursuit, escapee), and officers must still identify their authority, state the cause (with limited exceptions), and respect your constitutional and statutory rights.
Bottom line
- Carry? Not strictly required.
- Show? Yes—upon your demand—without unreasonable delay if the arrest is by warrant.
- Rights remain paramount: Regardless of the mode of arrest, the Constitution, the Rules of Court, and RA 7438 safeguard your rights to information, counsel, humane treatment, and due process—and provide timely remedies if those rights are violated.