If you’re arrested on an old warrant in the Philippines, the situation can be frightening and confusing—but it’s also something you can manage more safely if you understand what’s going on and what your options are.

Below is a detailed, Philippine-context guide. It’s for information only and not a substitute for getting your own lawyer.

1. What Is a Warrant of Arrest?

A warrant of arrest is a written order issued by a judge, directing law enforcement to arrest a specific person and bring them before the court in connection with a criminal case.

Basic points under Philippine law:

It must be issued by a judge, not a prosecutor or police officer (with very narrow exceptions for warrantless arrests).
It must be based on probable cause personally determined by the judge after examining the complaint, evidence, and/or witnesses.
It identifies:
- The name or description of the person to be arrested
- The offense charged
- The court that issued it

Once issued, the warrant is sent to law enforcement (usually through the local police or a sheriff) for service.

2. Do Warrants “Expire” in the Philippines?

2.1 General rule: Arrest warrants do not expire

In criminal cases, a warrant of arrest generally remains valid until:

It is served (you are arrested or you voluntarily surrender and are placed under the court’s jurisdiction), or
It is recalled or quashed by the court.

It usually does not matter that many years have passed. An “old” warrant is still enforceable unless a judge has formally lifted it.

2.2 Exceptions and special situations

An old warrant may be invalidated if:

The underlying case has been dismissed and the court has issued an order recalling the warrant.
There was a serious legal defect in the warrant (for example, it was issued without proper probable cause or in violation of constitutional rights), and the court later quashes it.
The offense or penalty has prescribed (expired) and the court acknowledges this and dismisses the case, recalling the warrant.
- Prescription of offense: A crime must be prosecuted within a certain period counted from when it was committed.
- Prescription of penalty: After a person is convicted and sentenced, the State must enforce the penalty within a certain time.

These issues do not self-destruct the warrant. A judge normally has to issue an order dismissing the case and recalling the warrant. Until that happens, it’s treated as valid.

3. How Do Old Warrants Usually Come Up?

People often discover an old warrant in situations like:

Applying for (or renewing) NBI or police clearance, where a “hit” appears.
Being stopped at a checkpoint or during a police operation.
Being reported by a complainant or someone who knows about the old case.
At the airport, when immigration or airport police see an existing warrant or hold order.
When you apply for certain government clearances, licenses, or jobs that require thorough background checks.

Sometimes the person had no idea a case was filed, or they thought the matter was already “settled” informally.

4. What Happens During an Arrest on an Old Warrant?

4.1 The arrest itself

If officers serve an old warrant:

They should identify themselves as law enforcers.
They should show or at least read out the warrant, including:
- Your name (or description)
- The offense
- The issuing court
They should inform you of your rights (under the Constitution and RA 7438), including:
- The right to remain silent.
- The right to have competent and independent counsel, preferably of your own choice.
- The right to be informed of these rights.

If they don’t have the physical warrant on them at that moment, they should identify the court and case and you can insist to see the warrant as soon as practicable.

Important: Do not resist arrest physically. You can contest the legality of the warrant later through your lawyer. Physical resistance can lead to additional charges (e.g., disobedience or resistance).

4.2 After arrest: where do they bring you?

Usually, you will be brought to:

The nearest police station or law enforcement office for booking; and/or
The court that issued the warrant; or
The jail or detention facility with jurisdiction over the court (city/municipal jail, BJMP facility, or provincial jail).

Your fingerprints and picture might be taken, and you may be asked to sign documents (e.g., booking sheets, affidavits).

Do not sign any statements or waivers without a lawyer. You may sign purely administrative documents (like a booking sheet) if your lawyer advises you it’s fine—but be cautious.

5. Your Rights If Arrested on an Old Warrant

The Bill of Rights and various laws still fully apply, even if the warrant is old.

5.1 Constitutional rights

You have, among others:

Right to due process.
Right to be informed of the nature and cause of the accusation.
Right to remain silent.
Right to competent and independent counsel (preferably of your choice).
Right to be presumed innocent until proven guilty.
Right against self-incrimination (you cannot be compelled to testify against yourself).
Right to bail in bailable offenses.

5.2 Rights under custodial investigation laws

Under laws like RA 7438 (rights of persons arrested, detained, or under custodial investigation):

You must be informed of your rights in a language you understand.
You have the right to communicate with a lawyer, family, or friend.
Any confession or admission obtained without a lawyer, or through coercion, is generally inadmissible in court.

5.3 Time limits for detention

Article 125 of the Revised Penal Code sets maximum periods for detaining a person without filing a case or delivering them to judicial authorities (usually 12/18/36 hours depending on the offense).

For arrests by warrant, a case is typically already filed and a judge has issued the warrant—so the focus is on bringing you before the court and complying with rules on bail and arraignment, rather than on Article 125, but unlawful delays can still be questioned.

6. Immediate Steps to Take If You Are Arrested

Here’s the practical side—what to do in the moment and shortly after.

Step 1: Stay calm and do not resist

Don’t argue or physically struggle.
Politely say something like: “I will cooperate. I’d like to see the warrant and I want to speak to my lawyer.”

Step 2: Ask to see and note details of the warrant

Try to remember (or write down, if allowed):

Case number
Name of the court (e.g., RTC Branch __ of [City])
Offense charged
Any recommended bail amount (sometimes indicated in the warrant or separate order)

These details are crucial for your lawyer.

Step 3: Assert your basic rights

Clearly say that:
- You want to remain silent.
- You want to speak with a lawyer.
- You want to inform your family or trusted person of your situation.

You can request: “Please allow me to call my lawyer/family.”

Step 4: Contact a lawyer or legal aid

If you don’t have a private lawyer:

Ask to contact Public Attorney’s Office (PAO), IBP legal aid, or any local government legal assistance office if available.
Inform family or a trusted person so they can help find a lawyer and handle practical matters (money for bail, documents, transportation, etc.).

Step 5: Do not sign waivers or statements without counsel

Refuse to sign any “extrajudicial confession,” “salaysay,” or waiver (especially waivers of your rights) without your lawyer reviewing it.
Be careful even with “simple” written explanations; these can be used against you.

Step 6: Ask about bail

If the offense is bailable, you can:

Ask for the recommended bail amount and how it can be posted.
Tell your family or lawyer so they can prepare the necessary funds or documents.

For less serious offenses, bail might be fixed in a schedule; for others, the judge sets it.

7. Bail and Release in the Context of an Old Warrant

7.1 Bailable vs. non-bailable offenses

Bailable offenses: You have the right to bail as a matter of right before conviction by the RTC.
Non-bailable offenses (e.g., certain serious crimes): Bail may be denied if evidence of guilt is strong; a bail hearing is usually required.

Your lawyer will check what you’re charged with and under which law.

7.2 Posting bail

Bail can be:

Cash bail (money deposited with the court).
Surety bond from a bonding company accredited by the court.
Property bond (less common and more document-heavy).

The usual process:

Your lawyer or representative prepares the bail bond documents.
They file it with the clerk of court or pay the cash bail.
The judge approves the bail (sometimes the approval can be obtained even while you’re still at the police station).
The court issues a release order to the jail or police.

Once bail is approved and the release order is served, you are usually freed on the condition that you appear in court when required.

7.3 Motion to recall or lift the warrant

Often, especially for old warrants where the accused voluntarily appears:

The lawyer may file a motion to recall the warrant of arrest.
If the court is satisfied (especially if bail is posted, or for minor offenses), it may recall the warrant and order your release, subject to your attendance in future hearings.

8. What If the Warrant Is From Another City or Province?

This is common with old warrants: you moved away, but the case is pending elsewhere.

Possible scenarios:

You’re arrested in City A on a warrant issued by a court in City B.
You might be:
- Held temporarily in a jail in City A while arrangements are made to escort you to City B; or
- Allowed to post bail in City A (if allowed by rules and if coordination with the issuing court is made).

Your lawyer can:

Verify the case status with the issuing court.
Request that you be allowed to post bail where you were arrested, or coordinate your voluntary surrender directly to the court that issued the warrant to avoid being ferried around in custody.

9. Legal Issues with Very Old Warrants

9.1 Right to speedy disposition of cases / speedy trial

Even if the warrant is technically still valid, your lawyer can look into:

How long the case has been pending.
Who caused the delay (the court, prosecutor, complainant, or the accused).
Whether your constitutional right to speedy disposition of cases or speedy trial has been violated.

If the delay is:

Inordinate (too long),
Unjustified, and
Prejudicial to you (e.g., evidence lost, witnesses unavailable, life plans affected),

your lawyer can file a motion to dismiss the case on this ground. If the case is dismissed, the court should also recall the warrant.

9.2 Prescription of offense or penalty

Your lawyer will check:

Date of the alleged crime
Date the complaint or information was filed
Whether the filing stopped/interrupted the running of prescription.
Your status (accused not yet tried? already convicted but did not serve sentence?).

If the offense or penalty has legally prescribed, the case may be dismissed, and the warrant recalled.

10. Common Misconceptions About Old Warrants

“The case is old, so the warrant must have expired.”

Generally false. Age alone does not invalidate a warrant. It remains valid until served or recalled by the court.

“We already settled with the complainant; therefore, the warrant is gone.”

Not automatically.

An amicable settlement or payment of civil liability does not automatically dismiss a criminal case (with some exceptions like certain private crimes).
For the warrant to be lifted, the court must issue an order dismissing the case or recalling the warrant, often upon motion and sometimes with the prosecution’s conformity.

“If I just avoid going home to my old address, I’m safe.”

Not safe legally or practically.

Warrants can be enforced anywhere; your name might appear in various databases.
It can cause serious problems with employment, travel, and background checks.
It’s usually better to resolve the case with legal assistance than to live in fear of sudden arrest.

“If I voluntarily surrender, I’ll surely end up in jail for a long time.”

Not necessarily.

For bailable offenses, your lawyer can often arrange bail and move to recall the warrant, sometimes resulting in your release relatively quickly.
Voluntary surrender can even be a mitigating circumstance if you’re later convicted.

11. Proactive Steps If You Suspect You Have an Old Warrant

If you’re not yet arrested but worried:

Consult a lawyer privately. Give them your full name (including middle name and maternal surname), past addresses, and any hints (e.g., old disputes, unpaid checks, old employer issues).
Let your lawyer check with courts or prosecutors. They can discreetly verify if there are pending cases and obtain copies of the information and any warrants.
Consider voluntary surrender. Often, the lawyer will:
- Coordinate a controlled surrender to the court,
- Simultaneously file a motion to fix bail or apply for bail, and
- Request the recall of warrant.
Prepare funds and documents for bail. Having bail money or surety arrangements ready can significantly reduce the time you might spend in detention.
Keep copies of court orders. Once a warrant is recalled and the case resolved or dismissed, keep certified copies of:
- The order recalling the warrant
- The order dismissing the case or the judgment These help prevent future misunderstandings or “ghost” hits on your record.

12. Special Scenario: Arrest at the Airport or While Traveling

If you’re stopped due to an old warrant:

Remain cooperative.
Ask which case and court the warrant pertains to.
Immediately contact:
- Your lawyer, or
- Family who can get a lawyer, and
- If you’re a foreign national, your embassy/consulate.

Your lawyer can:

Coordinate with the issuing court for bail and recall of warrant, and
Check if there’s a Hold Departure Order (HDO) or similar court directive that must be lifted.

13. How Lawyers Typically Handle Old Warrants

A Philippine lawyer dealing with an old warrant might:

Get the case records:
- Complaint/Information
- Warrant of arrest
- Minutes of hearings, if any
File an Entry of Appearance as your counsel.
File motions such as:
- Motion to Recall/Lift Warrant of Arrest
- Motion to Fix Bail or Admit Accused to Bail
- Motion to Dismiss (on grounds like prescription, lack of probable cause, violation of speedy trial, etc.)
Explore:
- Plea bargaining, if the evidence is strong.
- Dismissal if the complainant is no longer interested or cannot be located, subject to the prosecutor and court’s approval.
Guide you through:
- Arraignment and pleading (guilty/not guilty).
- Pre-trial and trial, or
- Settlement/termination of the case, as legally allowed.

14. Practical Tips and Reminders

Always tell your lawyer the truth about your past and the events surrounding the alleged crime; surprises hurt your defense.
Do not ignore court notices once you’re out on bail. Failure to appear can lead to:
- Forfeiture of bail, and
- Issuance of a new warrant.
Keep your contact information updated with the court through your lawyer.
Understand that minor cases (like some ordinance violations) can still result in a warrant; but they may also be easier to settle, dismiss, or dispose of quickly, depending on circumstances.

15. Final Word

Being arrested on an old warrant in the Philippines is serious, but it’s not the end of the world. The key points are:

Do not resist arrest.
Assert your rights politely but firmly.
Get a lawyer or legal aid involved as soon as possible.
Use legal remedies—bail, motions, and possible dismissal—rather than trying to hide or ignore the case.

If you want, you can tell me the type of situation you’re concerned about (for example: “old bounced check case,” “old fight that might have become a case,” etc.), and I can walk you through more targeted options and issues to discuss with a Philippine lawyer.