Here’s a clear, comprehensive, and practice-oriented legal guide—Philippine context—on what to do after you receive a Warrant of Arrest. It’s written for laypersons, law students, and even counsel preparing a quick client memo. (This is educational, not a substitute for advice from your own lawyer.)
What a Warrant of Arrest Is—and Why You Have It
A Warrant of Arrest is a judge’s written order directing peace officers to take the named person into custody to answer a criminal charge. It issues after the judge personally evaluates the prosecutor’s records and finds probable cause, except in cases filed by information where the judge may require additional evidence. If you have a warrant, the court has already made that determination.
First 15 Minutes: Immediate Steps
Stay calm. Read the warrant. Check:
- Your full name/aliases (spelling, middle name, suffix).
- Case number, offense, issuing court, date, and judge’s signature.
- Bailable or non-bailable (most warrants don’t say; you infer from the charge’s penalty—but confirm with counsel).
Call a lawyer—now. If you don’t have one, contact the PAO where the court sits or where you are.
Stop posting about it. Preserve your defenses and avoid self-incrimination.
Do not flee. Voluntary surrender can be a mitigating circumstance later and helps with bail and perception of good faith.
Verify and Document
- Authenticity check: Ask for/keep a copy. The officer must identify themself and show the warrant when practicable.
- Identity issues: If you suspect mistaken identity (same name), gather ID, employment records, passports, or proof you were elsewhere. Counsel can move to recall or lift the warrant for wrong person and request booking as “conditional” pending verification.
Your Rights Upon Arrest or Surrender
- Right to remain silent and to have competent, independent counsel at every stage of custodial investigation (RA 7438).
- Right to be informed of these rights in a language you understand.
- Right to communicate with family/counsel and to be visited.
- Right against excessive force and degrading treatment.
- Right to bail when the offense is bailable; discretionary bail hearing if the offense is punishable by reclusion perpetua/life and the evidence of guilt is not strong.
- Right to be delivered to the proper judicial authority without delay. (Police cannot warehouse you indefinitely.)
Voluntary Surrender vs. Arrest Service
Voluntary Surrender (Best Practice)
- Coordinate with counsel and the issuing court’s branch clerk of court for a controlled surrender during office hours.
- Bring: primary IDs, the warrant, cash (if seeking cash bail) or surety undertakings, a list of medications/conditions, and contact info of your surety/bondsman.
- You may be briefly turned over to police for booking; then brought to court to post bail (if bailable) or for commitment (if not).
If Officers Serve the Warrant
- They may arrest you any day/time; they must identify themselves and state the cause of arrest.
- Expect search incident to arrest of your person and immediate grab area; broader searches require another basis (e.g., a search warrant, consent, or another exception).
- For home entries, officers generally must announce authority and purpose and may break in if refused entry, subject to reasonableness limits.
Booking, Medical, and Custody
- Booking: fingerprinting, mugshots, personal data. Cooperate; do not volunteer narratives.
- Medical: request a medical examination upon entry and release from custody; it protects you and documents condition.
- Property: ask for a receipt/inventory of any items taken.
Bail: The Fork in the Road
Is It Bailable?
- As a matter of right: Generally before conviction for offenses not punishable by death, reclusion perpetua, or life imprisonment.
- Discretionary: For offenses punishable by reclusion perpetua/life, bail requires a hearing; prosecution must show evidence of guilt is strong.
Where to Apply
- Court where the case is pending (preferred).
- If arrested outside that court’s territory or outside office hours/holidays, you may apply with the nearest available court/judge (who may grant temporary bail and transmit the records).
Forms of Bail
- Cash bail: Deposit the amount set by court. Fastest if you can afford it.
- Surety bond: Through an accredited surety; requires premium and counter-security.
- Property bond: Annotation of real property; slower due to appraisal/verification.
- Recognizance: In limited cases, release to a responsible custodian by court order.
Process Snapshot
- File application for bail (or present cash).
- Court fixes amount and conditions; for discretionary cases, court holds bail hearing and issues an order.
- Sign the bond, submit photos/IDs, and undertakings (appear at trial, notify address changes, etc.).
- Obtain a Release Order directed to the jail warden/police custodian.
- Comply with any travel or reporting conditions.
Non-Bailable or Bail Denied? What Happens
You are committed to a detention facility (BJMP/PNP).
Counsel may:
- Move for reconsideration of bail denial;
- Seek reduction of bail (if amount is excessive);
- File petition for bail (if not yet fully litigated);
- Challenge the warrant (e.g., invalid issuance, lack of probable cause on the judge’s part), or the information (motion to quash) if defects exist;
- Pursue demurrer later (after prosecution rests) if evidence is insufficient.
Travel and Immigration Flags
- Courts may issue Hold Departure Orders (HDOs) in certain cases, or a Precautionary Hold Departure Order (PHDO) upon the prosecutor’s application early in the process. If you need to travel, your lawyer must file a motion for leave to travel well in advance, with itinerary and bond undertakings.
If You Believe the Warrant Is Wrong or Abusive
- Mistaken identity / wrong person: File an urgent motion to recall/lift warrant, attaching government IDs, biometrics, and affidavits.
- Void warrant (e.g., lack of particularity, issued without judicial determination of probable cause): File a motion to quash/recall warrant and, if detention persists, a petition for habeas corpus.
- Outright legal errors by the court: A petition for certiorari (Rule 65) may be available for grave abuse of discretion.
Address the Root Case Immediately
Receiving a warrant means there is already a criminal case (or one imminent). Move on two tracks:
Custody Track: Surrender, secure release (bail/recognizance), comply with court directives.
Merits Track: Assess defenses, preserve evidence, line up witnesses, and consider early motions:
- Motion to quash Information (e.g., facts do not constitute an offense, court lacks jurisdiction, duplicity, vagueness);
- Bill of particulars (to clarify vague charges);
- Motion to dismiss (if grounds exist);
- Suppression motions (illegally obtained evidence);
- Plea-bargaining (where allowed).
Timelines and Custodial Limits You Should Know
- Delivery to proper authority without delay: Police must bring you to the court or proper authority promptly; unlawful delay can incur criminal liability for detaining officers.
- Arraignment and pre-trial: Calendared after you are under the court’s jurisdiction (often shortly after release). Show up—non-appearance can trigger a bench warrant and bond forfeiture.
Practical Playbook (Step-by-Step)
Day 0 (Receipt/Notice)
- Call counsel; stop travel plans; gather IDs, medical needs, money for bail.
- Photograph/scan the warrant; note branch, case number, offense.
- Decide on voluntary surrender schedule with the clerk of court and the police unit.
Surrender/Arrest Day
- Bring IDs, meds, cash, and surety paperwork.
- Undergo booking; request medical exam and keep a copy.
- File or present bail application; if bailable and amount set, post bail.
- Obtain Release Order; verify your name and case number are correct.
- Go home, then calendar all court dates immediately.
Within the Next 7–14 Days
- Meet counsel; map defenses and motions; compile evidence and witnesses.
- If you have an HDO/PHDO, evaluate if a travel motion is needed.
- If bail is excessive, move for reduction with proof of means and ties to the community.
Common Pitfalls (Avoid These)
- Hiding or ghosting the court. Leads to re-arrest, bond forfeiture, and weaker negotiating position.
- Talking to police without counsel. Even casual remarks can be adverse admissions.
- Posting on social media. Prosecutors screenshot everything.
- Relying on “verbal” promises. All bail/undertakings must be in writing, on record.
- Missing arraignment or pre-trial. One absence can undo weeks of work.
Special Notes for Sensitive Situations
- Public officials / employees: Coordinate with your agency’s legal office; administrative exposure may parallel the criminal case.
- Minors: Special custodial rules apply; insist on presence of parents/guardians and child-appropriate counsel.
- Health vulnerabilities: Ask court for humanitarian accommodations (e.g., hospital arrest, electronic monitoring, or modified reporting) with medical support.
Quick FAQ
Can I post bail before I’m arrested? Often yes for bailable offenses—through provisional bail or bail before arrest upon learning of the warrant; coordinate with the issuing court.
Will the case go away if I post bail? No. Bail only secures temporary liberty and your appearance; the case proceeds.
What if the warrant is from a court far away? If arrested elsewhere and the issuing court isn’t immediately accessible, you may apply for bail with the nearest court, which will forward the records.
Can officers search my phone? Not merely because of arrest. They generally need a warrant, valid consent, or another narrow exception. Assert your rights politely.
Is voluntary surrender really helpful? Yes. It strengthens bail arguments and may count as a mitigating circumstance upon conviction.
One-Page Checklist (Print/Save)
- ☑️ Call lawyer / PAO.
- ☑️ Read and copy the warrant: name, case no., offense, court, date, judge.
- ☑️ Choose voluntary surrender; schedule with the branch/police.
- ☑️ Bring IDs, meds, cash/surety papers.
- ☑️ Booking + medical exam + request copies.
- ☑️ File and post bail (or prepare for hearing if discretionary).
- ☑️ Secure Release Order; verify details.
- ☑️ Calendar arraignment and all hearings.
- ☑️ With counsel, plan defenses/motions in the first two weeks.
- ☑️ Comply with all bail conditions and court orders.
If you want, tell me the offense charged and issuing court, and I can draft a tailored surrender & bail plan (including a ready-to-file bail application, undertakings, and a motion to reduce bail if the amount is heavy).