Warrant of Arrest Issuance Process (Philippines)

What triggers a warrant, who decides, the exact steps from complaint to arrest, and the key rights and defenses. Not legal advice.

1) Constitutional & rulebook anchors (plain English)

Constitution (Art. III, Sec. 2): No arrest except by warrant issued upon probable cause, to be determined personally by a judge after evaluation of the complainant and supporting evidence.
Rules of Criminal Procedure (Rule 110–113, 112 §6, 113 §7–10): Lay out how complaints/informations are filed, how judicial probable cause is determined, when a warrant or summons issues, and how arrests are made.
Penal Code / special laws: Provide the offenses and penalties that affect whether a judge issues a summons instead of a warrant, bail, and custody timelines.

2) The two “probable causes” (don’t mix them up)

Prosecutor’s probable cause (executive):
- Police file a complaint-affidavit → inquest (if the suspect is under warrantless arrest) or regular preliminary investigation (if at large).
- The prosecutor decides if there’s enough evidence to file an Information in court.
Judge’s probable cause (judicial):
- Once the Information reaches court, the judge must personally evaluate the prosecutor’s resolution and the evidence.
- Within the rules’ time window (commonly within 10 days from filing), the judge must either: (a) find probable cause and issue a warrant; (b) require more evidence (usually within a short period); or (c) dismiss if clearly lacking.

Only after this judicial determination can a warrant of arrest validly issue (except in the narrow situations of warrantless arrests, see §10).

3) From complaint to warrant: the standard sequence

Incident & complaint. Aggrieved party/PNP/NBI prepares a complaint-affidavit with annexes (IDs, photos, receipts, CCTV, forensics, etc.).
Inquest or preliminary investigation.
- Inquest: suspect was arrested without warrant; prosecutor tests the validity of the arrest and the evidence quickly.
- Prelim investigation: suspect not arrested; gets notice and chance to counter-affidavit, rebuttal, etc.
Filing of Information. Prosecutor files an Information in the proper court (venue depends on where the crime occurred or as provided by law).
Judicial probable cause. Judge personally evaluates the record.
Process choice:
- Warrant of Arrest if probable cause is found (especially for offenses punishable by imprisonment).
- Summons (instead of warrant) may issue for less serious offenses and where the judge believes the accused will appear; not for offenses punishable by death, reclusion perpetua, or life imprisonment (for which a warrant is the norm).
Warrant issuance & transmission to law enforcement for service.

4) What a valid warrant looks like (facial requirements)

A proper warrant of arrest typically contains:

Court name, case title/number, and offense charged;
Name of the accused (or a particular description if the name is unknown);
A command to any peace officer to arrest the person and bring them without unnecessary delay before the issuing court (or the nearest court if the issuing court is unavailable);
Judge’s signature and date of issuance;
(Frequently) a notation on bail (e.g., “bailable; bail fixed at ₱___” or “non-bailable”) so officers know where to bring the accused.

No expiration. A warrant generally remains effective until served or recalled. If the original is returned unserved, the court may issue an alias warrant.

5) When the judge may issue a summons instead

For less serious offenses and where the accused is not in custody, the judge may issue a summons in lieu of a warrant—directing the accused to appear and post bail/enter plea.
No summons for capital/severe offenses (death, reclusion perpetua, life imprisonment) or where there’s risk of flight/obstruction.

6) Special court orders related to arrest

Bench warrant: Issued when an accused already arraigned or notified fails to appear without justifiable reason; remains until recalled (often after appearance/bond).
Hold orders / travel restraints: Separate from arrest; courts in pending criminal cases may restrict travel (e.g., precautionary hold-departure orders where authorized). These do not substitute for a warrant.

7) Service of the warrant (how arrest is made)

Who: Any peace officer may serve; in some circumstances, a private person may arrest (see §10) but service of a court warrant is a law-enforcement function.
When/where: Any time, any place in the Philippines (subject to operational rules and safety).
How: The officer should identify himself, inform the person of the cause of the arrest, and show the warrant if practicable.
Entry: If refused admittance after giving notice of authority and purpose, the officer may break in to make the arrest (subject to reasonableness).

After arrest:

Booking (photographing, fingerprinting);
Bring to the court that issued the warrant without unnecessary delay (or nearest court if necessary);
Respect Article 125 RPC (deliver to proper authorities within 12/18/36 hours depending on the gravity of the offense) and custodial rights.

8) Rights of the person arrested

Miranda & RA 7438 rights: to remain silent, to competent and independent counsel, to be informed of these rights, to notify family and be visited by counsel/relatives/physician, and to examine the warrant.
Anti-Torture Act (RA 9745) & custody safeguards: no torture/ill-treatment; medical examination upon entry and before release/transfer.
Bail: For bailable offenses, the accused may apply for bail (cash/bond/recognizance as allowed). For non-bailable offenses, the court hears a bail petition and grants only upon showing that the evidence of guilt is not strong.
Inquest/prelim investigation: If arrested without warrant, the accused is entitled to inquest; if he demands prelim investigation, he must sign a waiver of Art. 125 (detention periods) and be afforded PI within the reglementary period.

9) Quashing or recalling a warrant

Motion to recall/quash warrant may be filed if:
- The Information is defective (e.g., does not charge an offense);
- The court lacks jurisdiction;
- No judicial probable cause exists or the judge failed to perform the personal evaluation required;
- Wrong person was named (mistaken identity);
- Bail has been posted and accepted (court may recall the warrant upon submission to its jurisdiction).
Often paired with a motion to quash the Information (Rule 117) and/or application for bail.

10) Warrantless arrests (contrast & caution)

Arrest without a warrant is valid only in three narrow instances (Rule 113 §5):

In flagrante delicto: The person is actually committing, attempting to commit, or has just committed an offense in the presence of the arresting officer/private person.
Hot pursuit: An offense has just been committed, and the arrestor has personal knowledge of facts indicating the person arrested committed it.
Escapee: The person is an escaped prisoner.

If the warrantless arrest is invalid, the arrest is unlawful (effects include possible exclusion of custodial admissions and civil/criminal liability of arrestors), but jurisdiction over the person may still be acquired if the accused fails to object and submits to arraignment. Always raise objections seasonably.

11) Venue & coverage notes

Where to file Information: Generally where the crime occurred (or as specially provided by law).
Where the warrant can be served: Anywhere in the Philippines.
Multiple accused / unknown name: A warrant may issue against “John/Jane Doe” with a particular description; once identity is learned, the court may amend.

12) Post-arrest checkpoints

Inquest or first appearance: The accused is informed of the charge; counsel appears; bail or commitment order issues.
Arraignment follows after the court ensures the accused and counsel received the Information and are ready to plead.
Pre-trial/trial ensue; violations in arrest do not automatically dismiss the case if the Information is valid, but they can support suppression of illegally obtained evidence and damages.

13) Practical playbooks

A) For complainants / law enforcement

Build a complete, sworn complaint-affidavit with annexes.
Choose inquest (if arrest validly made) or file for prelim investigation.
Track the case to court; promptly transmit records so the judge can act on judicial probable cause.
If warrant issues, coordinate service (intel, address, safety plan) and return the warrant promptly with a report.

B) For accused / defense

Retain counsel early.
If a warrant is expected (bailable offense), prepare a bail application and ID documents; consider voluntary surrender to the issuing court (often leads to recall of bench/alignment of bail).
Consider a motion to recall/quash if the warrant/Information is infirm.
If arrested, assert rights (counsel, silence, medical exam), avoid custodial statements without counsel, and apply for bail where allowed.

14) FAQs

Q: Can a judge issue a warrant without reading the evidence? No. The judge must personally evaluate the prosecutor’s evidence (affidavits, records) and can demand additional evidence before deciding.

Q: Does a warrant expire? Generally no. It remains until served or recalled. An alias warrant may issue if the first is returned unserved.

Q: I learned there’s a warrant for me. What’s smartest? Coordinate with counsel to voluntarily surrender to the issuing court and apply for bail (if bailable). This avoids risky arrest and may recall the warrant upon submission to the court.

Q: Can the judge just issue a summons for a felony? For serious offenses (punishable by death/reclusion perpetua/life imprisonment), the judge issues a warrant, not a summons.

Q: Are bench warrants the same as arrest warrants? A bench warrant is a type of arrest warrant issued for failure to appear or obey orders in a pending case. It is enforced like a regular warrant.

15) Takeaways

A warrant of arrest issues only after the judge’s personal finding of probable cause based on the record.
The paper trail runs: complaint → (inquest/PI) → Information → judicial probable cause → warrant/summons.
Upon service, your custodial rights (counsel, silence, medical exam) attach; bail is available in bailable cases.
Defects in the warrant or Information can be attacked via motions to recall/quash; timing is crucial.
Warrantless arrests are the exception; know the three narrow cases and contest unlawful arrests promptly.

If you want, I can turn this into a one-page checklist (for complainants or for accused) you can print and keep.