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An order archiving the case shall require the peace officer to explain why the accused was not apprehended. The court shall issue an alias if the original warrant of arrest is returned by the peace officer together with the report.
the warrant of arrest, the accused remains at large for six (6) months from the delivery of the warrant to the proper peace officer. An order archiving the case shall require the peace officer to explain why the accused was not apprehended. The Court shall issue an alias warrant if
Mar 17, 2024 · Learn how arrest warrants are issued, executed, and contested in the Philippines, and what rights and obligations the person arrested has. Find out the applicable laws, special cases, and frequently asked questions about arrest warrants.
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 MTC judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to section 7 of this Rule. o Pangay v.
On 19 July 1979, an Alias Warrant of Arrest was by Judge Gabriel Dunuan. It is this Alias Warrant that is challenged herein. On 12 September 1979, petitioner filed an ex-parte Motion to Dismiss the Criminal Case, which was denied by respondent Court (see CA-G.R. No. 11588-SP, p. 2).
The function of the judge to issue a warrant of arrest upon the determination of probable cause is exclusive; thus, the consequent implementation of a warrant of arrest cannot be deferred pending the resolution of a petition for review by the Secretary of Justice as to the finding of probable cause, a function that is executive in nature.
This web page contains the guidelines for archiving criminal and civil cases issued by the Philippine Supreme Court in 1992. It explains when and how to issue an alias warrant of arrest in criminal cases and the conditions for archiving civil cases.
