Dear Attorney,

I would like to ask for legal advice regarding a person facing a minor case. Will they be arrested even though the case is small? I hope for your guidance on this matter. Thank you.

Concerned Citizen

Insights

In the Philippines, the concept of arrest depends on several factors, including the severity of the offense, whether the crime is considered bailable, and the specific circumstances under which the offense was committed. A minor case, or one involving less serious offenses, may still result in arrest depending on how the law classifies the crime and the availability of arrest warrants.

Under the Rules of Criminal Procedure, an individual may be arrested if there is probable cause and a judge issues a warrant of arrest. For minor cases, such as those categorized under light offenses, the penalty is typically less severe, and the offender may be granted bail. Bail allows the accused to remain free while the case is pending, except when they fail to appear in court, which could lead to an arrest.

If the minor offense involves summary procedure cases, which generally include small claims or less severe crimes like misdemeanors, the arrest may not be necessary unless the individual fails to comply with court summons or fails to settle legal obligations. However, it’s important to consult with a lawyer regarding the specific circumstances of the case.