“No One is Above the Law”
The Power to Arrest: Who Can Serve a Warrant?
Recent Senate events have raised questions on arrest procedures, raising serious inquiries about its legalities. From discussions on a senator’s absence a senator slipping away to debates over whether arrest warrants maycan be served through a lawyer. Through it all, however, one principle stands firm: no one is above the law.
Laws must be applied fairly to everyone, regardless of position or power. Allowing exceptions or loopholes not only undermines public trust but also weakens the very foundation of justice.
Definition and nature of an arrest
Arrest is a cornerstone of criminal procedure, ensuring that individuals accused of crimes are brought before the courts to face charges. In the Philippines, Rule 113 of the Rules of Court governs the process of arrest, laying down clear guidelines on how arrests should be carried out, whether with or without a warrant. The recent arrests of Senator Jinggoy Estrada and Senator Ronald “Bato” dela Rosa have brought this rule into sharp focus, raising questions about legal procedure, and accountability.
As defined by the Rules of Court, an arrest is the taking of a person in custody in order that he may be bound to answer for the commission of an offense. This can be done through physical restraint or voluntary submission. It is important to note that the law prohibits unnecessary force, ensuring that the dignity and rights of the accused are always upheld and respected. It shall be the duty of the officer executing the warrant to arrest the accused and to deliver him to the nearest police station or jail without unnecessary delay.
Who may serve a warrant of arrest?
In a media interview, a lawyer claimed that arrest warrants can be served or coursed through legal counsel in relation to the International Criminal Court (ICC) case of Senator Ronald “Bato” Dela Rosa, a statement that drew criticism. But who, under the law, are really authorized to serve a warrant of arrest?
Only law enforcement agencies, such as the Philippine National Police (PNP), the National Bureau of Investigation (NBI), or other units specifically designated in the warrant are authorized to serve the arrest warrant.
Under Section 4 of Rule 113 of the Rules of Court, it is stated that the head of the office that received the arrest warrant must ensure that it is carried out within 10 days of receiving it. If the warrant is not executed within that period, the officer assigned to serve it must submit a report to the judge within the next 10 days, explaining why it was not carried out.
Conclusion
The recent controversies involving members of the Senate emphasize the importance of adhering to established legal procedures and upholding the rule of law. The Rules of Court clearly define arrest as a lawful process intended to bring an accused person before the courts, and they specify who is authorized to execute such warrants of arrest. These responsibilities are vested in designated law enforcement authorities, not private persons or their legal counsel. Regardless of a person’s status, position, or political influence, the law must be applied equally and consistently. Upholding proper arrest procedures and ensuring accountability strengthen public confidence in the justice system and reaffirm the fundamental principle that no one is above the law.
While the Rules of Court clearly establish who may lawfully serve a warrant of arrest, the challenges do not end there. The greater test of justice often arises when those accused refuse to submit to lawful authority. It is in these moments—when individuals evade arrest or prosecution—that the law confronts the problem of fugitives and the serious consequences of escape.
Running from the Law: The Legal Consequences of Escaping from Criminal Prosecution
The pursuit of justice does not end when a crime is committed, it continues through investigation, prosecution, and the enforcement of legal accountability. However, when an accused evades arrest or escapes from prosecution, important legal consequences arise. One of the most important aspects concerns the prescription of crimes, or the period within which the State may prosecute an offender.
What is a “fugitive from justice”?
In the case of Marquez, Jr. v. Commission on Elections , the Supreme Court defined a fugitive from justice as one who not only flees after conviction to avoid punishment, but also includes those who, after being charged, flee to avoid prosecution.
The Supreme Court has laid down the following guidelines that courts must observe before declaring an individual a fugitive from justice:
1. After finding probable cause, the court shall issue a warrant of arrest.
2. The warrant of arrest, including an e-warrant, must be served within 10 days from its receipt.
3. If the accused is outside the Philippine jurisdiction, as stated in the officer’s return, the court may declare him a fugitive from justice.
4. A warrant of arrest that cannot be served because the accused is outside the Philippine jurisdiction remains valid until implemented.
5. The criminal case shall be archived only if the accused remains at large for six months, but it can be revived once the warrant is served or the accused is arrested under a different warrant.
Based on these guidelines, by declaring an individual as a fugitive from justice, such person loses their standing in court, can no longer participate in the proceedings, and seek any judicial relief. They can only restore their standing before the court through voluntary surrender.
In sum, escape delays administration of justice and obstructs the enforcement of lawful orders, while also exposing the fugitive from justice to additional criminal liability and stricter penalties.
Disclaimer: This article is published by Z. Soriano & Associates Law Office for public legal education. It discusses arrest procedures and related topics under Philippine rules and laws. It does not provide legal advice on specific cases, nor does it express political opinion. Readers are encouraged to consult a lawyer for advice on individual legal concerns.