Here’s a practical, everything-you-need-to-know legal article on “Second Arrest After Posting Bail” under Philippine criminal procedure—when it can lawfully happen, why it happens, and what you (or your client) can do about it. (General information only; not legal advice. You asked me not to search, so this relies on stable constitutional and Rules of Court principles and common courtroom practice.)

1) Starting point: what bail actually does (and doesn’t)

Bail = temporary liberty while the case proceeds. It does not end the case or immunize you from later arrest.
Right vs. discretion:
- Before conviction for offenses not punishable by death, reclusion perpetua, or life imprisonment, bail is a matter of right.
- For those capital/life offenses, and after conviction by the RTC (even for lesser offenses), bail becomes discretionary and can be denied, cancelled, or conditioned.
Conditions of bail (Rule 114 gist): appear whenever required, don’t leave the court’s jurisdiction without permission, and comply with any special conditions (e.g., travel reporting). Breach → forfeiture of bond and the court can order your arrest.

2) When a “second arrest” after posting bail is lawful

Below are common, lawful scenarios for arrest after you have been released on bail:

A) Bench warrant for failure to appear (“non-appearance”)

If you (personally) fail to appear when required—e.g., arraignment, pre-trial, trial, promulgation—the court may forfeit the bond and issue a bench warrant.
Notice to counsel is generally notice to the accused—you can’t hide behind “I didn’t see the text.”

Fix: Move to recall/lift the bench warrant with a credible explanation (medical emergency with proof, transport failure plus efforts to inform the court, etc.), ask to reinstate bail (or post new/added bail), and undertake strict compliance going forward.

B) Bail cancellation / increase for violating bail conditions

Examples: leaving jurisdiction without leave, contacting or intimidating witnesses, re-offending, skipping required check-ins, or breaching a no-contact order in VAWC or similar cases.
The court can: (1) cancel bail, (2) order re-arrest, and/or (3) require a higher bail (you remain under arrest until you post the adjusted amount and the court approves it).

Fix: Oppose the cancellation (factual refutation, propose stricter conditions), or post the increased bail and show assurances (address stability, job, family, no flight risk).

C) Alias warrant in the same case

If the first warrant was not served or was previously recalled and reinstated, the court can issue an alias warrant any time appearance is again required and you don’t show up, or if the court otherwise orders your custody (e.g., promulgation of judgment in absentia for offenses that allow it).

Fix: File a Motion to Recall Alias Warrant with an affidavit explaining non-appearance and submit to the court (voluntary surrender helps). Be ready with updated bail.

D) Upgraded or amended charge (same incident, higher offense)

Prosecutors can amend an Information (e.g., from an offense bailable as a matter of right → non-bailable offense). The court may cancel your bail and hold you in custody pending a bail hearing (where you must show that evidence of guilt is not strong), or require a new/higher bail if the offense remains bailable but the penalty exposure increased.

Fix: Seek an immediate bail hearing (summary reception of evidence) or oppose the amendment if improper. If still bailable, request reasonable bail pegged to your flight risk (minimal) and means.

E) Second arrest for a different case (new or separate Information)

Bail in Case A does not cover Case B (even if related facts). A separate warrant for the new case can be served and you may be arrested again.
Double jeopardy doesn’t block a second case unless you were already arraigned and a valid acquittal/dismissal on the same offense or same act bars re-prosecution. “Same facts, different label” fights live here, but the bar attaches only under specific conditions.

Fix: Post bail in the new case (if bailable) or move to quash for double jeopardy/multiplicity if the elements coincide and jeopardy has attached.

F) Post-conviction custody and pending appeal

After RTC conviction, bail becomes discretionary (even for non-capital offenses). The court can deny or cancel bail and issue a commitment order (i.e., you are taken into custody).
If you were out on bail, you can be rearrested upon promulgation or upon cancellation of bail pending appeal.

Fix: File a Motion for Bail Pending Appeal (show non-flight risk, meritorious appeal issues). If denied, consider urgent MR or Rule 65 (grave abuse) in the CA—but be realistic: custody post-conviction is the norm.

G) Warrantless re-arrest (rare after bail)

Only if you fall within Rule 113 warrantless arrest scenarios: in flagrante (caught in the act), hot pursuit (offense just committed + personal knowledge of facts), or you escaped from custody. Merely being on bail does not make you an “escapee.”

3) Practical effects of forfeiture (and your bondsman’s 30-day clock)

When you skip, the court typically:

Declares the bond forfeited;
Gives the bondsman 30 days to produce you and explain;
If not produced, enters judgment on the bond (surety pays the amount) and keeps the case’s bench/alias warrant live for your arrest.

Translation: even if the surety pays, you still face re-arrest and possible higher bail or custody.

4) Travel: visas, airports, and departure restrictions

Courts can impose travel conditions on bail.
Hold Departure Order (HDO) / Precautionary Hold Departure Order (PHDO) can restrict departure independent of bail.
Attempting to fly out in violation → airport interception and possible re-arrest.

Tip: If you need to travel, move for leave well in advance, with itinerary, purpose, and undertakings (e.g., updated contact details, guarantor, return tickets).

5) Double jeopardy: when it helps (and when it doesn’t)

Jeopardy attaches only upon valid arraignment and a valid judgment/dismissal after the prosecution had its chance.
A new case for the same offense (or an offense that necessarily includes/is included in the first) can be quashed on double jeopardy—but if you were never arraigned or the first dismissal was without jeopardy attaching, a second case may proceed.
Amending charges before arraignment generally does not trigger double jeopardy.

6) Common defense playbook when a second arrest hits

Surrender quickly (voluntary surrender is a strong equitable point).
File Motion to Recall/Lift the bench/alias warrant, attaching proof of the excuse, and manifest readiness to proceed.
If bail was cancelled or increased, seek hearing and propose compliance conditions (reporting, no-contact, travel limits).
If the charge was upgraded:
- Demand a bail hearing (if bailable);
- Otherwise, push for summary determination that evidence of guilt is not strong.
If it’s a different case: post bail (if bailable) and file Motion to Quash if double jeopardy/multiplicity applies.
Clean your calendar: make sure future dates are locked; ensure you receive notices (verify counsel’s email, phone, address).
If custody persists despite bailable offense without hearing**: consider Habeas Corpus or Rule 65 to compel proper bail hearing.

7) Prosecutor & court moves that often trigger re-arrest—and how to respond

Non-appearance at promulgation → bench warrant; seek promulgation in absentia setting to be recalled upon appearance.
Witness harassment allegations → prosecution motion to cancel bail; respond with counter-affidavits and propose no-contact undertakings.
Violation of protective order (e.g., VAWC) → immediate custody; ask to purge the violation and tighten conditions.
New evidence → amended Information with higher penalty → custody pending bail hearing; push for early schedule and limited live testimony (recall that bail hearings are summary).

8) After RTC conviction: the custody matrix, in one glance

Stage	Offense	Bail posture
Pre-conviction	Non-capital	Right to bail
Pre-conviction	Capital/life	Discretionary (requires hearing; “evidence not strong”)
Post-RTC conviction (pending appeal)	Any	Discretionary; cancellation is common; you may be taken into custody
Post-finality	Any	Serve sentence; no bail

9) Special notes on recognizance (RA 10389)

For indigent, low-risk accused in minor offenses, release on recognizance (to a responsible person/office) may be available instead of bail.
Not common in serious felonies or after conviction; but it is a tool to avoid unnecessary re-arrest pre-trial when jail congestion is high.

10) Quick decision trees

A) You missed a hearing and learn a warrant issued. What now?

Within 24–72 hours, surrender → Motion to Recall Warrant + Apology/Explanation + New Undertakings → Ask to reinstate bail (or post increased bail).

B) Prosecutor upgraded the charge; you’re ordered arrested.

If bailable → Apply for new bail; if potentially non-bailable → Demand bail hearing (prove evidence of guilt not strong); request expedited setting.

C) You’re arrested on a separate case while out on bail.

Post bail for Case B (if bailable).
Evaluate double jeopardy/multiplicity → Motion to Quash if warranted.

11) Templates you can adapt

(1) Motion to Recall/Lift Bench Warrant & Reinstate Bail (gist)

Accused respectfully moves to recall the bench warrant issued on [date]. Non-appearance on [setting] was due to [specific, documented reason]. Accused has voluntarily surrendered, is not a flight risk, and undertakes to appear at all settings, to keep contact info current, and to abide by any additional conditions. Prayer: Recall warrant; reinstate existing bail or allow posting of [amount].

(2) Motion for Bail / to Fix Bail (after amendment)

The Amended Information elevates the offense. Accused is not a flight risk (steady residence, job, family), has no prior convictions, and submits to conditions. Prayer: Fix reasonable bail at ₱[amount]; in the alternative, set summary bail hearing forthwith.

(3) Undertaking / Travel Leave

Accused seeks leave to travel on [dates], with full itinerary and contact details. Undertakes to return by [date], appear at next setting, and reports to the Branch Clerk within 24 hours of return.

12) FAQs (fast but essential)

Is a second arrest on the same case “illegal” because I posted bail? No. Bail can be forfeited, cancelled, or increased; the court can issue a warrant for non-appearance or violation of conditions.

Can I be arrested again for the same incident under a new charge? Yes, if it’s a different offense and double jeopardy has not attached (no prior arraignment/judgment). Challenge via Motion to Quash if elements overlap and jeopardy bars it.

Do I always get a hearing before bail is cancelled? You should be heard, but in urgent situations (e.g., repeated absences), courts may issue a warrant first and hear you after you submit to jurisdiction.

If I already paid the bondsman after forfeiture, am I safe? No. Forfeiture is between court and surety. Your arrest can still be ordered, and bail may be raised.

Can I be held at the airport if I’m on bail? Yes, if an HDO/PHDO exists or bail conditions bar travel. Violating travel conditions can trigger re-arrest.

Key takeaways

Posting bail is not a shield against later custody; it’s a conditional privilege.
Second arrests typically arise from bench/alias warrants, bail cancellation/increase, amended charges, separate cases, or post-conviction custody.
Move fast: voluntary surrender, motion to recall, bail (re)fixing, and strict undertakings are your tools.
Plan travel and appearances meticulously; notice to counsel = notice to you.
For new or upgraded charges, insist on the proper bail hearing (summary reception) or reasonable bail pegged to risk.

If you share what triggered the second arrest (missed hearing? amended charge? new case?), your case stage, and court/branch, I can draft the exact motion (recall warrant, fix bail, or bail pending appeal) tailored to your situation—ready to file.