Outstanding Arrest Warrant in the Philippines: A Comprehensive Guide to Your Next Steps
1. What an “Outstanding Arrest Warrant” Means
An arrest warrant is a written order signed by a judge directing peace officers to take a specific person into custody so the court can assume jurisdiction over that person. Once issued and not yet served, it is considered outstanding. Bench warrants (for failure to appear, failure to comply with a subpoena, or violation of a court order) function the same way: they remain outstanding until (a) the person is arrested, (b) the warrant is quashed or recalled, or (c) the case itself is terminated.
2. Legal Basis for Issuance
| Legal Source | Key Provisions |
|---|---|
| Constitution (Art. III, §2) | Requires probable cause personally determined by a judge after examination of the complainant and witnesses. |
| Rules of Criminal Procedure (Rule 112, §6; Rule 113, §5) | Governs preliminary investigation, arrest with or without warrant, and procedural safeguards. |
| Revised Penal Code & Special Laws | Define punishable acts; gravity of the offense affects bail and prescriptive periods. |
| Supreme Court Administrative Circulars | E.g., A.C. 12-94 on simplified bail guidelines; A.M. 18-07-05-SC on nationwide warrants database. |
3. Common Ways a Warrant Becomes Outstanding
| Scenario | Typical Trigger |
|---|---|
| New criminal charge | Prosecutor files Information; court issues warrant when the accused fails to appear for arraignment. |
| Bench warrant | Accused or witness misses scheduled hearing or violates bail conditions. |
| Alias warrant | Original warrant returned unserved; court re-issues (aliases) until service is effected. |
4. How to Verify if You Have an Outstanding Warrant
- Regional Trial Court (RTC)/Metropolitan Trial Court (MeTC) clerk of court – personal or authorized inquiry using the case docket number or complete name.
- Warrant of Arrest Information System (WAIS) – accessible to law-enforcement; you may request confirmation through counsel with the police or NBI.
- NBI Clearance “HIT” – an unresolved “hit” often indicates a warrant or pending charge.
- Immigration Look-out Bulletin Order (LBO) / Hold-Departure Order (HDO) – Bureau of Immigration records may reveal a warrant-related restriction.
Tip: Always course inquiries through counsel to avoid inadvertent arrest.
5. Immediate Options Once You Confirm a Warrant
| Option | When Appropriate | Procedure | Outcome |
|---|---|---|---|
| Voluntary surrender | Most recommended; shows good faith and may mitigate penalties. | Coordinate with counsel to appear before issuing court or nearest police station with juris. | Court notes surrender; may reduce penalty for evasion if convicted (§13, RPC). |
| Post bail before arrest (Rule 114, §6) | If offense is bailable and information is already filed. | File application for bail (and waiver of reading) with the issuing court; furnish prosecutor. | Warrant is lifted upon approval; accused enjoys temporary liberty. |
| Apply for bail in-custodia (Rule 114, §7-8) | If arrested or offense is non-bailable but evidence not strong. | File motion for bail; court conducts summary hearing to determine strength of evidence. | If granted, release order issued; warrant considered served. |
| Move to Recall/Quash Warrant | When warrant is void (e.g., issued without probable cause or after unlawful amendment of charge). | File “Motion to Recall/Quash Warrant and for Re-determination of Probable Cause.” | If granted, warrant recalled; either new PI ordered or case dismissed. |
| Question Warrant via Petition for Certiorari/Prohibition | Extraordinary remedy when judge acted with grave abuse. | File Rule 65 petition before the appropriate appellate court. | Could lead to annulment of warrant and/or dismissal of case. |
6. Dealing With Police Arrest After the Fact
Know your rights on arrest
The arresting officer must:
- Inform you of the cause of arrest and show the warrant.
- Read you your Miranda rights (RA 7438).
- Allow you to confer with counsel and notify family.
Booking and in-quest
- Fingerprinting, mug-shots, medical exam.
- In-quest prosecutor may affirm probable cause or order release pending further investigation.
Bail & Release
- Post-arrest bail follows same Rule 114 requirements.
Custodial Interrogation
- Statements without counsel present are inadmissible (Const., Art. III §12).
7. Long-Term Consequences of an Outstanding Warrant
| Area | Effect |
|---|---|
| Travel | HDO or LBO restricts departure; Interpol red notices possible for serious crimes. |
| Employment | Many employers require NBI clearance; a “hit” may jeopardize hiring or retention. |
| Banking & Finance | Court may freeze assets or issue garnishment if linked to attachment or restitution. |
| Civil Status | May bar passport renewal, firearms license, professional licensure. |
| Prescription of Offense | Warrant tolls prescription (Art. 91 RPC: prescriptive period interrupted when proceedings are instituted and the offender is not absent for all). |
8. Special Scenarios
| Situation | Notes & Next Steps |
|---|---|
| Multiple Warrants / Multiple Courts | Prioritize the earliest issued court; counsel may consolidate hearings or seek recognizance. |
| Warrant Issued Outside Your Province | You may post bail in the issuing court via a bondsman at locale; clerks now accept e-payment in many courts. |
| Accused is Overseas | File Motion for Leave to Appear via Videoconference; may require Red-Notice clearance and passport retention bond. |
| Wrong Identity (“John Doe” warrants) | File Motion to Quash with supporting IDs, affidavits, and NBI negative certification. |
| Old or Dormant Warrant | Administrative Circular 14-94 allows recall if arrest impossible for five years and prosecution inactive; still court discretion. |
9. How Outstanding Warrants Are Lifted
- Service & Booking – warrant returned “served”; court then determines bail or commitment.
- Voluntary Surrender + Bail – clerk annotates warrant as “recalled/lifted” once bail approved.
- Court Recall/Quash Order – clerk issues certified true copy to PNP/NBI; warrant record is archived.
- Case Dismissal/Acquittal – automatic recall; ensure that dismissal order specifies lifting of any ancillary hold orders.
10. Practical Checklist for Individuals Facing a Warrant
- Engage counsel immediately.
- Verify details – case number, issuing court, offense, bail.
- Secure funds or bondsman for bail (cash, surety, property, recognizance).
- Prepare supporting documents – IDs, medical certificates (if humanitarian bail), proof of residence/job.
- Draft necessary motions – voluntary surrender with bail, recall, or quash.
- Appear early – courts process bail typically before noon.
- Comply with bail conditions – travel authority, periodic personal appearance, no new offenses.
- Monitor case status via counsel or e-Courts portal to avoid future bench warrants.
11. Role of Counsel & Bondsmen
- Counsel of Choice vs. De Oficio (PAO): PAO represents indigent accused; submit proof of indigency.
- Bondsmen accreditation: SC Circular 2-97; choose one accredited in the issuing court’s jurisdiction.
- Professional Bondsmen Fee Range: typically 10–15 % of bail recommended; negotiable for large amounts.
12. Frequently Asked Questions
| Question | Answer |
|---|---|
| Can I just wait for the warrant to prescribe? | Risky. Proceedings and flight toll prescription; warrant can remain valid indefinitely. |
| Will paying the complainant automatically recall the warrant? | No. The court must approve amicable settlement (allowed only for B.P. 22, some light offenses). |
| Is an alias warrant new grounds for arrest without bail? | No. Alias warrants merely re-issue the original; bail rights are unchanged. |
| May I authorize my lawyer to post bail without me? | Only if you are already under custody or have effected voluntary surrender. Personal appearance is still required for fingerprinting and mug-shots. |
| What if I’m a foreign national? | Same procedures apply; coordinate with your embassy. Be aware of deportation or visa cancellation following conviction. |
13. Key Takeaways
- Speed matters – the longer a warrant is outstanding, the higher the stakes (travel bans, additional charges for evasion).
- Voluntary surrender plus bail is almost always the safest, least disruptive route.
- Legal remedies exist – quashal, recall, or extraordinary writs – but they require prompt, well-grounded motions.
- Compliance afterward is crucial – missed hearings lead to bench warrants and stricter bail terms.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Laws, rules, and circulars may change. Always consult a qualified Philippine lawyer to obtain advice tailored to your specific situation.