Warrant section
- CDT 1C ACOB JOHN DAVID R.
- Feb 15, 2023
- 3 min read
Updated: Feb 17, 2023
In accordance with the principles of efficiency and effectiveness, the PNP has been closely monitoring unit commanders in order to maximize manpower in effecting the service of arrest orders issued against wanted persons throughout the country.
Section 4 Rule 113 "Execution of Warrants" of the Revised Rules of Criminal Procedure states that the head of the office to which the warrant of arrest was delivered for execution must have the warrant executed within ten (10) days of receiving it. The officer to whom the warrant was assigned for execution must report to the judge who issued the warrant within ten (10) days of the period's expiration. He shall state the reasons therefore.
Furthermore, an administrative circular issued by the Supreme Court to all trial courts states, among other things, that a criminal case may be archived only if the accused remains at large for six (6) months after the warrant is delivered to the proper peace officer. The peace officer must explain why the accused was not apprehended if the case is archived. If the original warrant is returned by the peace officer along with the report, the Court will issue an alias warrant.
To improve law enforcement even further, a database system was established where records of all standing arrest warrants issued by the various courts can be monitored through the computer systems of the Crime Monitoring Division, DIDM, resulting in the arrest of wanted persons even in remote areas of the country and an increase in the service of "alias warrants" by the various PNP units. As a result, there is an urgent need to develop a detailed procedure for arresting officers to follow when an accused is detained or arrested pursuant to a warrant issued outside of territorial jurisdiction. This procedure will avoid problems caused by misunderstandings about responsibility, disposition, and monetary costs to be borne when arresting officers from PNP units are required to personally bring the accused together with the return of the warrant to the issuing court.[1]
Biñan City Police Station warrant section personnel discussed to us that, during the service of the warrant, the accused must be informed of his constitutional rights under the law or the so-called "Miranda Warnings" and sufficient information or data about the warrant issued by the court such as but not limited to the following: the case number, nature of the charge, name/branch of the issuing judge, and date of issuance of the warrant. 2) Moreover, arrested persons must be informed of their right to demand physical examination by an independent and competent doctor of their own choice. If they cannot afford the services of their own doctor, they will be provided by the State with a competent and independent doctor to conduct the physical examination. If the person arrested is female, she will be attended to preferably by a female doctor.
3) Since aforesaid rights may be waived by the person arrested, the waiver should be made by him/her knowingly and voluntarily, in writing, and executed in the presence and assistance of his/her counsel. 4) Upon service of the warrant, the arrested person must be p; -cperly booked and documented. Likewise, an official report must be immediately transmitted to the PNP unit having territorial jurisdiction over the arrested person containing the fact of arrest, his physical condition, and information on contraband/illegal items seized or confiscated as a consequence of the service of warrant, if there be any. 5) Prepare other documentation for the proper turn-over of arrested person to the PNP Unit having jurisdiction over the arrested person/s.
Also the importance of the new protocols of wearing the body worn cameras during the actual arrest of the suspect while serving his warrant of arrest. They are very cautious in the arrest of the suspect because if they do not follow the protocol it will make the arrest void and they will be charge administratively.
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