What to Do if Your Motion to Lift Warrant of Arrest Is Denied in the Philippines

When a court denies a Motion to Lift Warrant of Arrest in the Philippines, it’s not the end of the road. It means the judge, based on the record so far, found no sufficient reason to cancel or recall the warrant at that moment. The accused still has several remedies—some immediate, some strategic, and some long-term. This article explains what denial means, why it happens, and what you can do next under Philippine criminal procedure.


1. What a Denial Really Means

A warrant of arrest is a judicial order directing law enforcement to arrest a person so the court can acquire jurisdiction over that person in a criminal case. If your motion to lift (or recall/quash) the warrant is denied:

  • The warrant remains valid and enforceable.
  • Police may arrest you anytime and anywhere in the Philippines unless a higher court issues a restraining order or the trial court later recalls it.
  • The criminal case continues.
  • The court is not necessarily saying you are guilty—only that the warrant should stand for now.

Denial is often procedural and evidence-based, not a final determination of liability.


2. Common Reasons Courts Deny Motions to Lift Warrants

Understanding why the motion failed helps pick the next remedy. Typical grounds for denial include:

  1. The court finds probable cause still exists. If the judge personally evaluated the records (or relied on a proper prosecutor determination) and still sees probable cause, the warrant stays.

  2. Your motion attacked the merits prematurely. Motions that argue innocence, credibility of witnesses, or defenses are usually matters for trial—not for lifting warrants.

  3. You have not submitted to the court’s jurisdiction. If you are still at large and asked to lift the warrant without surrendering, the court may deny due to lack of jurisdiction over your person, or simply because the law favors securing appearance first.

  4. The motion lacked supporting evidence. Bare assertions (e.g., “I was not notified,” “I live elsewhere,” “complainant lied”) without affidavits or documents rarely succeed.

  5. Defective ground chosen. Some grounds belong to a Motion to Quash the Information (e.g., lack of jurisdiction, prescription, double jeopardy), not a motion to lift warrant. Courts deny if the wrong procedural vehicle is used.

  6. The warrant is facially valid. If the warrant states the case number, offense, accused name, and was issued by a judge after probable-cause finding, it’s hard to recall unless a serious defect is shown.


3. Immediate Reality: You Are Still “At Large”

Unless you are already in custody or have posted bail with court permission, you are legally considered “at large.” This status has consequences:

  • You may be arrested at any time.
  • Certain pleadings may not be entertained until you submit to jurisdiction (especially those seeking affirmative relief).
  • The case may proceed without your participation (ex parte proceedings), depending on stage.

Because of this, the next steps often involve deciding how and when to submit to the court in the most protective way.


4. Practical Next Step #1: Voluntary Surrender (Strategic Submission)

What it is

Voluntary surrender means you present yourself to the court or to law enforcement to submit to jurisdiction.

Why it helps

  • Shows good faith.
  • Stops the risk of sudden arrest.
  • Allows you to seek bail or other relief properly.
  • May be considered a mitigating circumstance at sentencing if convicted.

How it’s done

Typically through counsel:

  1. Coordinate with the court/branch clerk for a surrender date.
  2. Appear with counsel.
  3. Court notes surrender and orders commitment or sets bail.

Tip: voluntary surrender is often paired immediately with a bail application to avoid detention.


5. Practical Next Step #2: Apply for Bail (If the Offense Is Bailable)

A. Determine if the offense is bailable

  • Bailable as a matter of right: before conviction for offenses not punishable by reclusion perpetua, life imprisonment, or death.
  • Bailable by discretion: for capital/grave offenses, bail is not automatic; you must undergo a bail hearing to show evidence of guilt is not strong.
  • Not bailable: if penalty is reclusion perpetua/life imprisonment and evidence of guilt is strong (as determined after hearing).

B. Why bail is the usual remedy after denial

A motion to lift warrant seeks cancellation; denial means the court wants to secure your appearance. Bail directly addresses that concern.

C. Process

  1. File an Application/Motion for Bail.
  2. If discretionary, insist on a bail hearing.
  3. Present evidence to weaken the prosecution’s claim that guilt is strong.
  4. If granted, post bail and obtain a release order.

Once on bail:

  • The warrant is typically considered served/satisfied because you are now under court jurisdiction.

6. Practical Next Step #3: File the Proper Motion After Surrender

If your earlier motion was denied because it was procedurally misplaced, you can file the correct pleading after submitting to jurisdiction.

Common correct pleadings:

  1. Motion to Quash Information (Rule 117) Grounds include:

    • Facts charged do not constitute an offense
    • Court has no jurisdiction
    • Officer who filed info had no authority
    • Double jeopardy
    • Criminal action has prescribed
    • Information contains averments that would invalidate conviction If granted, the case may be dismissed or refiled properly.
  2. Motion for Judicial Determination of Probable Cause / Reconsideration If denial was based on probable cause, you can ask reconsideration citing specific record errors.

  3. Demurrer to Evidence (Rule 119, Sec. 23) Filed after prosecution rests if evidence is insufficient. Not a remedy against a warrant, but a powerful remedy against weak cases.


7. Remedy #4: Motion for Reconsideration (MR)

When it makes sense

  • You have new evidence or stronger documentation.
  • The court missed a key fact or law.
  • The denial order is clearly erroneous.

Deadlines

Generally, an MR in criminal cases must be filed within 15 days from notice of the order, unless a special rule applies.

Limits

  • MRs are disfavored if they merely repeat arguments already rejected.
  • If you are still at large, an MR seeking affirmative relief may be denied outright.

8. Remedy #5: Petition for Certiorari (Rule 65)

What it is

A special civil action filed in the RTC (if denial came from MTC) or in the Court of Appeals (if denial came from RTC), alleging grave abuse of discretion amounting to lack or excess of jurisdiction.

When to use

  • The judge ignored mandatory procedure (e.g., issued warrant without personally evaluating evidence).
  • The warrant was issued without a valid probable-cause determination.
  • The denial was so arbitrary it amounts to grave abuse.

Deadline

Must be filed within 60 days from notice of the denial order.

Note

Certiorari is not an appeal. It only attacks jurisdictional errors, not mere disagreement with the judge.


9. Remedy #6: Appeal (If Denial Is Part of a Final Order)

Ordinarily, denial of a motion to lift a warrant is interlocutory (not appealable immediately). Appeals usually come later, after judgment or dismissal.

However, if the denial is embedded in a final disposition affecting substantial rights (rare in this context), counsel may evaluate appealability.


10. If You Fear Arrest While Remedies Are Pending

Once denial happens, risk spikes. Practical defenses include:

  • Stay in close contact with counsel for immediate response if arrested.

  • Prepare documents for bail in advance.

  • Avoid situations that can be construed as flight.

  • If arrested, assert your rights calmly:

    • right to counsel,
    • right to remain silent,
    • right to know the cause of arrest,
    • right to bail if bailable.

A sudden arrest doesn’t erase your remedies; it just changes the posture.


11. Special Situations

A. Warrant issued by another court or place

Even if you live elsewhere, a warrant is nationwide. You may:

  • Surrender in your locality if coordinated (via commitment order transfer), but this requires careful court handling.

B. Warrant based on a dismissed or withdrawn complaint

If the underlying case was dismissed but the warrant remains on record due to clerical delay, file:

  • Motion to Recall Warrant and Dismiss Case attaching dismissal order.

C. Warrant for non-bailable offense

Your route is:

  1. Voluntary surrender
  2. Bail hearing to show evidence of guilt is not strong
  3. If denied, proceed to trial while seeking higher-court review if grave abuse exists.

D. Multiple warrants / multiple cases

Each case needs its own remedy. One lifted warrant doesn’t cancel another.


12. Strategic Considerations

  1. Denial is often a signal, not a dead end. Courts protect their process: they want you present before litigating deeper issues.

  2. Submitting to jurisdiction can strengthen your position. Judges take post-surrender filings more seriously because you’re no longer evading the court.

  3. Pick the remedy that matches the error.

    • Factual weakness → trial defenses, demurrer.
    • Procedural defect → MR/quash/certiorari.
    • Risk management → surrender + bail.
  4. Avoid “forum shopping” remedies at the same time. For instance, filing MR and certiorari simultaneously without proper sequencing can backfire.


13. What Not to Do

  • Do not ignore the warrant. Hiding increases legal risk and may hurt bail prospects.

  • Do not file repetitive motions with the same arguments. Courts can treat them as dilatory.

  • Do not rely on informal “settlements” to cancel criminal cases. Many crimes (especially public offenses) cannot be settled to stop prosecution without prosecutor/court action.

  • Do not approach law enforcement without counsel if the case is serious. Coordination matters.


14. Typical Best-Practice Path After Denial

For many accused persons in bailable cases, the standard and safest progression is:

  1. Voluntary surrender with counsel.
  2. Immediate application for bail.
  3. After bail, file the correct substantive motion (quash, reconsideration, suppression of evidence, etc.).
  4. Prepare for trial (or explore plea bargaining where viable).
  5. If there is grave abuse, elevate by certiorari within deadlines.

15. Final Reminder

A denied motion to lift a warrant is serious but manageable. The smart response is not panic or avoidance, but controlled submission to the court and use of the correct remedies. Most importantly, timing and procedure matter as much as the facts.


General information only, not legal advice. Criminal cases are highly fact-specific. A lawyer who can review the Information, the warrant order, and the records can tell you which remedy among those above is strongest for your situation.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.