In Philippine criminal procedure, the journey from the filing of a criminal charge to the start of trial hinges on two critical stages: (1) the judicial determination of probable cause and the possible issuance of a warrant of arrest, and (2) the arraignment. These stages are governed primarily by the Revised Rules of Criminal Procedure (Rules of Court, as amended), particularly Rules 112 and 116, as well as jurisprudence from the Supreme Court and various administrative circulars (e.g., A.M. No. 18-03-16-SC on plea bargaining and A.M. No. 20-12-03-SC on remote/video-conferenced hearings).

This article explains everything a person facing criminal charges (or their counsel) needs to know about these two interconnected stages in the Philippine context.

1. When and How a Warrant of Arrest Is Issued

After the prosecutor files the Information in court (following preliminary investigation or inquest), the judge has ten (10) days to personally evaluate whether there is probable cause to proceed with the case.

The judge has three possible actions:

a. Find probable cause → issue a warrant of arrest (or commitment order if the accused is already in custody).
b. Find no probable cause → dismiss the case outright.
c. Find probable cause but no necessity for custody → issue summons instead of a warrant (very rare in practice, usually only in the lightest offenses punishable by arresto menor or fine).

In almost all felony cases and serious misdemeanors, a warrant of arrest is issued once probable cause is found. This is the default rule under Rule 112, Section 6(a).

Exceptions where no warrant is issued even if probable cause exists:

Cases covered by the Revised Rule on Summary Procedure (e.g., traffic violations, violations of rental law, BP 22 cases up to certain amounts, minor offenses punishable by imprisonment of not more than 6 months) – summons is issued instead.
When the accused is already under lawful detention (e.g., arrested via valid warrantless arrest under Rule 113, Section 5, or already serving sentence for another case) – the judge issues a commitment order instead of a warrant.
When the accused voluntarily surrenders or posts bail before the warrant can be served – the court may recall the warrant or hold it in abeyance.

For capital offenses or those punishable by reclusion perpetua (e.g., murder, qualified rape, large-scale illegal drug cases under R.A. 9165), the offense is non-bailable when evidence of guilt is strong. The warrant is almost always issued and the accused is detained pending a bail hearing.

For bailable offenses, the warrant is still issued, but the accused may post bail immediately upon arrest or even before arrest (by filing an urgent motion to fix bail with the judge who issued the warrant).

2. Can You Be Arraigned Without a Warrant Ever Being Issued?

Yes, in the following situations:

Summons cases (summary procedure).
The accused voluntarily appears or surrenders before the warrant is served.
The accused posts bail before arrest (allowed in practice, especially if the lawyer files a motion to fix/reduce bail and deposits the amount with the court).
Warrantless arrest cases that went through inquest and the Information was subsequently filed.

In these scenarios, the court acquires jurisdiction over the person of the accused without the need for actual arrest.

3. What Happens After the Warrant Is Issued?

The police serve the warrant and arrest the accused.
Upon arrest, the accused must be brought to the police station for booking and then delivered to the court within the reglementary periods (12/18/36 hours depending on the penalty, per R.A. 7438).
The accused may post bail at any time after arrest (if bailable). Once bail is posted and approved, the accused is released and the warrant is considered served.
If the accused does not post bail (or cannot because evidence of guilt is strong), he remains detained and is brought to court for arraignment under custody.

4. The Arraignment Proper (Rule 116)

Arraignment is the stage where the accused is formally informed of the charge and asked to enter a plea. It must be held within thirty (30) days from the time the court acquires jurisdiction over the person of the accused (Section 1(g), Rule 116, as amended by A.M. No. 19-10-20-SC – Speedy Trial Act of 1998 still applies).

Presence of the accused is mandatory. Absence without justifiable cause = waiver, and the court may proceed and enter a not-guilty plea, or issue an alias warrant.

The arraignment may now be conducted via videoconference (A.M. No. 20-12-03-SC, especially post-COVID practice that has been retained).

Procedure during arraignment:

The accused is furnished a copy of the Information (if not yet given).
The Information is read to the accused in a language or dialect known to him/her.
The accused is asked: “Are you guilty or not guilty?” (or, with plea bargaining, “Do you want to avail of plea bargaining?”)

Possible pleas:

a. Guilty to the offense charged

For capital offenses or those punishable by reclusion perpetua/life imprisonment: the court must conduct searching inquiry and require prosecution to present evidence to determine if the plea is voluntary and informed. The plea may be rejected if not satisfactory.
For lesser offenses: the court may immediately convict, but good practice is to require some evidence.

b. Guilty to a lesser offense (plea bargaining)

Allowed in almost all cases except violations of the Dangerous Drugs Act where the imposable penalty is reclusion perpetua or life (though even some drug cases now allow reduced pleas under certain conditions).
Must have consent of the offended party and prosecutor.
If accepted, the court renders judgment immediately or within a short period.

c. Not guilty

Trial proceeds. Pre-trial is scheduled within 10 days.

d. Conditional plea or refusal to plead

Court enters not guilty on behalf of the accused.

Other important matters during arraignment:

The accused must be assisted by counsel (preferably de parte; if none, the court appoints counsel de oficio).
If the accused is a minor (under R.A. 9344 as amended by R.A. 10630), special procedures apply (suspended sentence, etc.).
The court may motu proprio dismiss the case at arraignment if it is patently without basis or merit (extremely rare but possible under jurisprudence).

5. Timeline Summary (Typical Felony Case)

Day 0 – Information filed in court
Within 10 days – Judge finds probable cause → warrant issued
Accused arrested or surrenders → posts bail (if bailable)
Within 30 days from court acquiring jurisdiction – arraignment held
If plea of not guilty – pre-trial within 10–30 days, then trial.

6. Practical Tips for the Accused or Counsel

Monitor the court docket immediately after the prosecutor’s resolution. File an urgent motion for judicial determination of probable cause or motion to quash/dismiss if the case is weak.
In bailable cases, file a Motion to Fix Bail even before the warrant is issued. Many judges grant this and allow posting of bail without arrest.
Prepare for plea bargaining early. Most criminal cases in the Philippines (over 70% in some courts) are resolved via plea bargaining.
Never ignore a warrant. Voluntary surrender + immediate bail posting = better treatment by the court and avoids the stigma of arrest.
If the offense is non-bailable, file a Petition for Bail immediately after arrest, with hearing to be set within a short period.

Conclusion

In Philippine criminal practice, once an Information is filed and the judge finds probable cause, a warrant of arrest is the rule rather than the exception. The arraignment follows shortly after the court acquires jurisdiction over the accused—whether through arrest, surrender, or posting of bail. Understanding these stages allows the accused to make informed decisions, particularly on bail, voluntary surrender, and plea bargaining, which can dramatically shorten or even end the case at the earliest possible time.

Knowledge of these procedures is not just legal technicality—it is the difference between prolonged detention and immediate liberty, or between a harsh penalty and a significantly reduced one.