Responding to a Bench Warrant for Absence in a Criminal Case Hearing in the Philippines

Question of The Day: How should one respond if a bench warrant is issued against a family member, like a sister, due to absence in a criminal case hearing in the Philippines?

Introduction: Understanding the appropriate actions to take when a bench warrant is issued against a family member in the Philippines is crucial for legal compliance and resolving the issue effectively.

Legal Overview: A bench warrant in the Philippines is a judicial order commanding law enforcement to arrest a person who has failed to appear in court as required. This type of warrant is issued directly by a judge, usually when a defendant does not show up for a scheduled court hearing.

Key Steps to Take:

1. Contact a Lawyer: As soon as you learn about the bench warrant, advise your sister to contact a lawyer immediately. A lawyer can provide legal advice, assist in understanding the implications of the warrant, and guide the next steps.
2. Understand the Case Details: It’s important to know the details of the criminal case and the reasons for your sister's absence. This information is crucial for legal strategy and response.
3. Voluntary Surrender: In many cases, voluntary surrender to the authorities is advised as it can be viewed favorably by the court. Your sister’s lawyer can coordinate the surrender and ensure her rights are protected.
4. Court Appearance: The lawyer will assist in arranging a court appearance to address the issue of the bench warrant and the absence in the hearing. This may include explaining the reasons for the absence and requesting the court to recall the warrant.
5. Prepare for Possible Consequences: Depending on the circumstances, there might be legal consequences for missing the court hearing. It’s important to be prepared for these and discuss them with the lawyer.

Legal Assistance:

• If your sister cannot afford a private lawyer, she can seek assistance from the Public Attorney’s Office (PAO) in the Philippines.
• Legal representation is crucial in dealing with bench warrants and the underlying criminal case.

Conclusion: Responding to a bench warrant in the Philippines involves consulting with a lawyer, understanding the case details, considering voluntary surrender, and preparing for a court appearance to address the warrant. Legal guidance is essential in navigating this process and mitigating potential negative consequences.