As a general rule, no person can be arrested without a warrant of arrest. Save for some exceptions, arrest can only be effected after the judge determines sufficient reasons to believe that a crime was committed by the arrestee.
But first, what is a warrant of arrest?
A warrant of arrest is an official document signed by a judge to seize and detain an individual in connection with an offense he probably committed.
If and when you learned that a warrant of arrest has been issued to you, the first thing to do is to verify the authenticity of the warrant of arrest by consulting a licensed attorney of your choice.
What are my lookouts?
First, check whether the name specified in the warrant of arrest matches your name. Second, check whether the court is a real court. You can access the court level and its branch thru the official website of the Philippine Supreme Court. Also, verify the name of the judge that signed and/or issued the warrant of arrest. As a rule, the warrant of arrest must be issued in connection with one specific offense.
Remember that there can be no warrant of arrest sent through e-mail, social media chat, or text messages. This is an absolute rule with no recognized exception.
Do I need to wait to get arrested before posting bail? How do I voluntarily surrender to the authorities to obtain temporary liberty?
Definitely, yes! Your counsel or representative can inquire from the nearest regional trial court (RTC) about the list of requirements for posting bail, if and when the offense is bailable.
Which court can I post possibly bail?
Upon completion of the requirements, you can post bail in the same court that issued the warrant of arrest, or in the nearest RTC wherever you may be situated. There are offenses where bail can be availed of, but there are those offenses in which you need to file a petition before bail can be accorded to you.
What are the requirements of bail?
While the requirement varies, the common requirements of bail are a certified true copy of the information (this contains the crime you are being accused of), the accused’s picture showing his/her front, left and right profiles, left and hand handprint, barangay certificate of residency, house sketch certified by the barangay, certificate of detention (if surrender is made to the police station other than where the case is pending), notarized undertaking and waiver, and the cash, surety, or property bond.
For more information, you can reach us at 09773186192 or attynarcisoreyesjr@gmail.com. Our office is located at Reyes & Bodota Law, 3rd Floor, Ventura Center Building, Santa Rosa-Tagaytay Road, Santa Rosa City.
