Dear Attorney,

I am concerned that someone I know may have a warrant of arrest issued against them. Could you please advise me on how to check whether there is indeed a warrant issued and what steps I should take?

Sincerely,
A Concerned Citizen

Insights

To determine if a person has a warrant of arrest in the Philippines, you can take the following steps:

Personal Inquiry at the Local Police Station: The most direct way to check for an active warrant is to inquire at the local police station. This involves visiting the nearest police station where the person resides or where the alleged crime may have occurred. You will need to provide the full name of the individual in question. The police can verify through their records whether a warrant of arrest has been issued.
Checking with the National Bureau of Investigation (NBI): Another option is to request a clearance from the National Bureau of Investigation (NBI). The NBI clearance process involves a thorough check of any criminal records, including the existence of warrants. The person for whom the clearance is requested must appear in person, as fingerprints and other identification details are required.
Regional Trial Court (RTC) or Municipal Trial Court (MTC) Records: Warrants of arrest are often issued by Regional Trial Courts (RTC) or Municipal Trial Courts (MTC). If you suspect that a warrant might have been issued, you can check the records at these courts. Most courts have public records sections where you can request information. You’ll need to know the court where the case might have been filed.
Online Resources and Government Portals: Some local governments and the Philippine National Police (PNP) have made efforts to digitize records and make them accessible online. You can check if the local government unit (LGU) where the person resides has such a portal. However, the availability of online resources varies significantly across different regions.
Consulting a Lawyer: If you are unable to verify through the above methods or need more detailed information, consulting with a lawyer can be very helpful. Lawyers have the expertise and resources to perform thorough checks and provide legal advice on how to proceed if a warrant is confirmed.

Important Considerations:

Privacy Concerns: Be mindful of privacy issues when making such inquiries, especially if you are not the individual concerned or directly involved in the case.
Legal Implications: If a warrant is indeed active, it is crucial to understand the legal implications and the need for immediate legal counsel. An active warrant can result in immediate arrest, and it’s advisable to address the situation as promptly as possible with the assistance of a lawyer.
Voluntary Surrender: If the person in question has an active warrant, it may be advisable to voluntarily surrender to the authorities, which can sometimes be seen as a sign of good faith and may positively influence the outcome of any subsequent legal proceedings.

By following these steps, you can ensure that you are acting within the legal framework while protecting the rights and privacy of the individuals involved.