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00:00.0
A warrant of arrest is a legal process issued by a court directing the arrest of a person for the alleged commission of a crime.
00:21.5
Take note that the issuance of a warrant of arrest doesn't mean that the person has already been adjudged guilty of the crime.
00:34.5
He is issued a warrant of arrest in order that he may be brought to the jurisdiction of the court and so that trial can proceed.
00:43.6
That is the only objective of a warrant of arrest.
00:48.4
Because if the accused is not arrested,
00:51.5
or if the accused does not voluntarily surrender to the court to answer for the commission of the crime,
00:59.0
the case or the trial could not start.
01:01.4
The case will be archived and it will only be revived after the accused is arrested
01:08.6
or the accused voluntarily surrenders to the jurisdiction of the court.
01:14.2
Having learned of the nature and purpose of a warrant of arrest,
01:18.8
the next question to ask is,
01:20.8
What is an arrest?
01:23.2
An arrest is the taking or the physical taking of a person into the custody of the court in order that he may be bound to answer for the commission of a crime.
01:33.6
So you can see here in the picture that there is a person here who is probably handcuffed by police officers and brought to a certain place.
01:42.4
Most probably the court where he would be posting bail
01:50.8
issued a commitment order
01:53.1
for him to be placed in a jail facility.
01:59.1
Under what instance shall a court issue a warrant of arrest?
02:03.6
The court shall issue a warrant for the arrest of a person when
02:07.8
1. There is a criminal case, either through a complaint or information, filed in court against a person.
02:17.8
2. The judge, after evaluating,
02:23.8
the resolution of the fiscal,
02:25.9
and the evidence,
02:27.3
the documentary evidence attached to the information,
02:30.9
finds probable cause to place the said person under immediate custody
02:36.4
so as not to frustrate the ends of justice.
02:40.2
And if I may add,
02:42.3
so that the accused will be brought to the jurisdiction of the court because
02:46.7
a court cannot proceed with a case,
02:50.8
if it has not yet obtained jurisdiction over the person of the accused.
02:58.3
what is the case flow
03:00.3
that leads to the issuance of a warrant of arrest?
03:04.3
Let me give you an example.
03:09.6
X then goes into hiding,
03:13.1
after X committed the crime,
03:14.9
he escaped to avoid being arrested.
03:20.5
after about a month,
03:22.6
it was only at that time
03:24.0
that the police was able to
03:28.5
and file a complaint for murder against X
03:31.4
in the fiscal's office.
03:36.3
when the complaint was received by him,
03:39.7
would have to conduct a preliminary investigation
03:46.2
considering that it is a complaint for murder.
03:50.5
there are other criminal complaints
03:54.0
or there are cases where
03:55.5
preliminary investigation is no longer required.
03:59.1
But for purposes of this example,
04:01.4
since the example is about murder,
04:04.3
the prosecutor is enjoined to conduct a preliminary investigation.
04:10.1
And a preliminary investigation is a proceeding
04:13.7
to determine whether there is sufficient ground
04:16.9
to engender a well-founded belief
04:19.0
that a crime has been committed.
04:20.5
And the respondent is probably guilty thereof
04:23.9
and should be held for trial.
04:26.2
in a preliminary investigation,
04:28.8
the prosecutor or the fiscal,
04:31.3
after the filing of the complaint,
04:35.3
will have to issue a subpoena
04:37.8
addressed to the respondent
04:40.4
or to the would-be accused,
04:43.9
submit his counter-affidavit
04:46.5
within 10 days from his receipt of the subpoena
04:49.7
together with the complaint.
04:50.4
So, with the copy of the complaint filed by the police
04:53.2
and whether or not he
04:56.6
submits his counter-affidavit,
04:59.6
the prosecutor will have to
05:02.2
issue a resolution
05:06.8
from the time the case
05:09.1
or the complaint was filed before his office.
05:12.4
And his resolution
05:14.0
would either dismiss the complaint
05:17.0
filed by the police
05:18.2
or recommend the filing of the complaint
05:19.5
within 10 days from the case or the complaint was filed before his office.
05:19.6
or recommend the filing of the complaint
05:20.4
of an information
05:22.5
in court. Now, the word
05:24.5
information is the name
05:30.6
be filed by the prosecutor
05:34.6
court that has jurisdiction
05:38.4
charged. So, when you say jurisdiction,
05:42.1
power and authority
05:44.6
of a court to hear and
05:46.5
decide a case. And in the case
05:50.5
the regional trial court that
05:52.6
has jurisdiction over the offense
05:56.5
when the information
05:57.8
reaches the court,
06:00.4
the judge would then have to
06:02.1
evaluate the information,
06:05.4
the resolution of
06:06.5
the fiscal, as well as the
06:08.4
evidence attached
06:10.4
to the information.
06:12.6
He must personally evaluate
06:14.7
whether or not there
06:16.5
is probable cause
06:18.3
to issue a warrant of arrest.
06:22.7
if he finds probable cause
06:24.5
to issue a warrant of arrest, then
06:26.4
he will have to issue a warrant
06:30.2
If he doesn't find probable
06:32.3
cause, at that point in
06:34.4
time, the judge may dismiss
06:38.5
Even without going to trial
06:40.5
first. That is so
06:42.5
provided in the rules. But
06:46.4
with the case flow.
06:54.4
X then goes into hiding,
06:58.8
the accused was not,
07:00.9
X was not immediately
07:02.3
arrested. It was only after
07:04.2
about a month that the police was able
07:06.2
to gather evidence. That's why it filed
07:08.4
a case in the fiscal's office.
07:10.4
The fiscal found probable
07:12.3
cause to charge X with murder.
07:15.2
He accordingly files
07:16.6
the criminal case in court.
07:18.3
And the court, after
07:20.1
evaluating the evidence,
07:22.6
issues a warrant of arrest.
07:30.1
leading to the issuance
07:32.6
of a warrant of arrest by the court.
07:36.4
Fiscal EJ at your service.
