Does A Warrant Of Arrest Expire?

 
 Last updated: 18 November 2016 12:14
 
 Created: 18 November 2016 11:41
 
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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.