Does A Warrant Of Arrest Expire?

A warrant of arrest has to meet the requisites according to the law to be considered valid. It should also be issued by a competent authority, who will also direct the arrest of an individual. The person arrested will be bound to answer for the offense committed. This rule can be found under Rule 112 of the Revised Rules of Criminal Procedure. 

The arresting officer must execute a warrant of arrest within 10 days from receipt. It should also be noted that the officer is required to make a report to the judge who issued a warrant and state the reason why the accused has not been arrested within 10 days after the expiration. 

When it comes to the validity of the warrant of arrest, it will be considered valid unless recalled or served. 

Section 5. When warrant of arrest may issue. — (a) By the Regional Trial Court. — Within 10 days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. If he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to section 6 of this Rule. In case of doubt on the existence of probable cause, the judge may order the prosecutor to present additional evidence within five days from notice and the issue must be resolved by the court within 30 days from the filing of the complaint or information.

(b) By the Municipal Trial Court. When required pursuant to the second paragraph of section 1 of this Rule, the preliminary investigation of cases falling under the original jurisdiction of the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court may be conducted by the prosecutor. The procedure for the issuance of a warrant of arrest by the judge shall be governed by paragraph (a) of this section. (As amended by A.M. No. 05-8-26-SC.)

Lawful Warrantless Arrest

Even without a warrant of arrest, a peace officer can still arrest the accused if the following conditions are met:

(a) When a person is in hot pursuit;

(b) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

(c) When an offense has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; and

(d) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

Pinoy Attorney

Written by : Pinoy Attorney