Traveling Overseas with a Warrant of Arrest in the Philippines
Question:
The client wants to know if it is legal to travel overseas when there is an outstanding warrant of arrest against them in the Philippines.
Answer:
Leaving the Country with a Warrant:
- Illegal: Leaving the country with an outstanding warrant of arrest is generally considered illegal in the Philippines.
- Immigration Checks: Philippine immigration officials usually have access to law enforcement databases and can detain you at the airport if a warrant exists.
- Extradition: Even if you manage to leave the country, you may be subject to extradition back to the Philippines to face charges.
Consequences:
- Arrest: You could be arrested at the airport and not be allowed to leave the country.
- Additional Charges: Fleeing the country to evade arrest could result in additional criminal charges like obstruction of justice.
Legal Recourse:
- Quash the Warrant: You can file a motion in court to quash the warrant, but this is generally only successful under specific conditions such as lack of probable cause.
- Settle the Case: Alternatively, facing the charges and proceeding through the legal system is the advised course of action.
- Legal Advice: Consult a lawyer to understand the best course of action tailored to your specific circumstances.
Disclaimer:
This article is intended for informational purposes only and should not be construed as legal advice. For case-specific guidance, consult a qualified legal professional.