Letter to an Attorney

Dear Attorney,

I hope this letter finds you well. I am reaching out to seek your legal expertise regarding a matter that has caused some concern. Specifically, I would like to understand how to determine if a person has a warrant of arrest issued against them. This information is critical, as it will guide our next steps in addressing a legal matter involving a family member. We would like to avoid any potential issues and ensure we handle the situation properly.

Could you kindly provide detailed guidance on the process for finding out whether a warrant has been issued? I would also appreciate it if you could shed light on what legal actions can be taken, if necessary, once we confirm the existence of such a warrant.

Thank you in advance for your assistance. We greatly value your advice on this matter.

Sincerely,

A Concerned Family Member

How to Determine if an Accused Has a Warrant of Arrest in the Philippines: A Comprehensive Guide

In the Philippine legal system, determining whether an accused has a warrant of arrest is an essential aspect of both protecting one's rights and understanding the procedural steps that follow a criminal charge. A warrant of arrest is a legal document issued by a court, commanding law enforcement officers to arrest the individual named therein, and it generally signifies that the person is subject to prosecution or must answer to specific criminal charges.

In this article, we will cover the following critical aspects:

Definition and Nature of a Warrant of Arrest
Grounds for Issuance of a Warrant of Arrest
Legal Process for Issuing a Warrant of Arrest
Methods for Verifying the Existence of a Warrant of Arrest
Legal Recourse and Options for the Accused
Additional Considerations Regarding Warrants

1. Definition and Nature of a Warrant of Arrest

A warrant of arrest is defined under Rule 113, Section 1 of the Revised Rules of Criminal Procedure of the Philippines as an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a law enforcement officer, commanding the arrest of a particular person for a criminal offense.

A warrant is typically issued after a complaint or information has been filed, and the judge, having personally examined the prosecutor's recommendation or the affidavits of witnesses, determines that probable cause exists to believe that the person committed the offense.

Once issued, the warrant must be executed by arresting the individual, bringing them before the court to answer the charges.

2. Grounds for Issuance of a Warrant of Arrest

Under Philippine law, a warrant of arrest can only be issued upon the following conditions:

Probable Cause: The judge must determine that probable cause exists. Probable cause refers to facts and circumstances that would lead a reasonable person to believe that the accused has committed a crime. This is established through the filing of a complaint or information and supporting evidence.
Personal Determination by the Judge: It is a constitutional requirement under Section 2, Article III of the 1987 Philippine Constitution that no warrant shall issue except upon probable cause to be determined personally by the judge after an examination under oath or affirmation of the complainant and the witnesses he may produce. This ensures that no unlawful arrests are made based solely on suspicion or inadequate evidence.
Exceptions for Warrantless Arrests: While a warrant is generally required, there are exceptions where arrests can be made without one, such as when a person is caught in the act of committing a crime (in flagrante delicto), when a person is escaping from custody, or when an individual is a fugitive.

3. Legal Process for Issuing a Warrant of Arrest

The process of issuing a warrant of arrest is initiated when a criminal complaint or information is filed. This process involves several steps:

Filing of a Complaint or Information: A criminal case starts with the filing of a complaint or information by a complainant or a public prosecutor. The prosecutor then conducts a preliminary investigation to determine if there is enough evidence to file the case in court.
Preliminary Investigation: A preliminary investigation is conducted when the offense is punishable by at least four years, two months, and one day of imprisonment. The accused is given the opportunity to submit a counter-affidavit and evidence. If the prosecutor finds probable cause, the case will be filed in court.
Filing in Court: Once the case is filed, the court will examine the prosecutor’s findings. The judge will personally evaluate the evidence to determine if probable cause exists. If the judge finds sufficient basis, a warrant of arrest will be issued. In cases where the penalty is less severe (below four years), the judge may opt not to issue a warrant and instead issue a subpoena requiring the accused to appear in court.
Issuance of the Warrant: Upon finding probable cause, the judge signs and issues the warrant of arrest, which law enforcement officials are then tasked to execute.

4. Methods for Verifying the Existence of a Warrant of Arrest

Once a warrant of arrest is issued, it is critical for an accused or concerned party to verify whether such a warrant exists. Several methods can be used to ascertain this information:

Court Records: The most direct way to verify if a warrant of arrest has been issued is by checking court records. The accused or their lawyer can go to the court where the case is filed and inquire with the clerk of court. A copy of the warrant, if issued, should be available in the court's records.
Consulting with a Lawyer: A lawyer can assist in verifying the existence of a warrant through official channels. Lawyers have access to court dockets and can request information from the relevant court, as well as communicate with the prosecutor’s office to obtain confirmation.
Philippine National Police (PNP) or National Bureau of Investigation (NBI): Both the PNP and the NBI maintain records of warrants of arrest. An individual can approach these agencies to verify if they are the subject of a warrant. The PNP maintains a database of wanted persons and may provide information upon request, although access to such records may be subject to certain conditions.
Online Verification: Some regions in the Philippines have developed online portals or systems where individuals can verify if they have outstanding warrants. This is not a nationwide system, but in places where it exists, it can be a convenient tool. For example, the NBI has an online clearance system that can indicate whether an applicant has a pending case or warrant of arrest.

5. Legal Recourse and Options for the Accused

Once a warrant of arrest has been confirmed, the accused has several legal options to address the situation:

Voluntary Surrender: The accused may voluntarily surrender to law enforcement authorities or the court that issued the warrant. This act of voluntary surrender is viewed favorably by the court and may be considered as a mitigating circumstance when it comes to sentencing, if convicted. Voluntary surrender also avoids the risk of being forcibly arrested.
Posting Bail: If the offense is bailable, the accused can file a petition for bail and post the required bond, which may allow them to remain free while the case is ongoing. Bail is a security provided to ensure the accused's appearance in court.
Filing a Motion to Quash the Warrant: The accused may file a motion to quash the warrant of arrest, especially if it was issued without sufficient probable cause or if there were procedural irregularities. A motion to quash can be based on a number of grounds, such as lack of jurisdiction, failure to comply with the requirements for issuing a warrant, or if the offense charged does not constitute a crime.
Seek Dismissal of the Case: If the evidence against the accused is weak, they may file a motion to dismiss the case or challenge the sufficiency of the complaint or information. However, this is a more complex and long-term legal strategy that would typically involve a full trial or at least pre-trial proceedings.

6. Additional Considerations Regarding Warrants

There are a few other key points to consider when dealing with warrants of arrest in the Philippines:

Bailable and Non-Bailable Offenses: Not all offenses are bailable. For example, serious crimes like murder or treason may be non-bailable. In such cases, once a warrant is issued, the accused must be detained until trial unless the court finds that the evidence of guilt is not strong.
Expiration of Warrants: Unlike search warrants, which expire after ten days, warrants of arrest do not expire. Once issued, a warrant of arrest remains valid until it is executed or recalled by the court. This means that an accused may be arrested at any time unless the court recalls the warrant or dismisses the case.
International Warrants and Extradition: For individuals who flee the country to avoid arrest, a warrant may lead to extradition proceedings if the individual is in a country with which the Philippines has an extradition treaty. The Department of Justice, in coordination with the Department of Foreign Affairs, typically handles such cases.

Conclusion

Dealing with a potential warrant of arrest is a serious legal matter that requires careful attention and appropriate legal action. Understanding how a warrant of arrest is issued and verified, as well as the legal recourse available to the accused, is essential to navigating the complexities of the Philippine criminal justice system. Whether the accused seeks to voluntarily surrender, post bail, or challenge the warrant, obtaining sound legal advice is critical in determining the best course of action.

By consulting with a lawyer and carefully reviewing court records and official channels, individuals can protect

their rights and make informed decisions in addressing any outstanding warrants of arrest. Legal processes may be intimidating, but with proper guidance, the accused can ensure that they receive fair treatment under the law.