2018 Remedial Law, Q16

Danjo, a stay-in gardener at the Dy family home in Quezon City, applied for overseas employment in Riyadh as a flower arranger. After he left for abroad, Dino Dy, head of the family, discovered that all his wristwatches were missing. Dino followed Danjo’s lnstagram account and in one instance saw Danjo wearing his Rolex watch. He filed a complaint for qualified theft against Danjo with the Office of the Prosecutor (OP), Quezon City. The subpoena with the affidavit-complaint was served on Denden, Danjo’s wife, at their house. No counter-affidavit was filed by Danjo who continued to work in Riyadh. After conducting a preliminary investigation, the OP found probable cause against Danjo and subsequently filed the information for qualified theft before the RTC of Quezon City. The court likewise found probable cause and issued in 2016 a warrant for Danjo’s arrest.
Danjo was repatriated to the Philippines in 2018. While Danjo was lurking outside the Dys’ house, which was only about 100 meters away from the police station, SPO1 Dody recognized Danjo. Realizing that the police station had a copy of Danjo’s warrant of arrest, SPO1 Dody immediately pursued and arrested Danjo.
(a) Was the warrant of arrest issued against Danjo who was not in the Philippines valid? (2.5%)
(b) Can the warrant of arrest be served on Danjo upon his return? (2.5%)

Quick check

Is jurisdiction over the person of the accused required for the issuance of a valid warrant of arrest?

Does a warrant of arrest issued by a Philippine Regional Trial Court prescribe or become stale after ten days?

How is jurisdiction over the person of the accused acquired in criminal proceedings?

What is the legal effect of serving a preliminary investigation subpoena at the last known address of an OFW accused?

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When may a law enforcement officer serve an arrest warrant issued two years prior against a repatriated accused?

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1. Arrest Warrant Validity
Under the Rules of Criminal Procedure, jurisdiction over the person of the accused is not a requirement for the valid conduct of a preliminary investigation or the judicial issuance of a warrant of arrest. As long as subpoena was validly served at the last known residence of the accused in the Philippines, the investigating prosecutor may find probable cause and file the criminal information. Upon filing, the trial court judge may independently evaluate the prosecutor's resolution and issue a valid warrant of arrest notwithstanding the temporary absence of the accused from the country.

2. Lifetime of Warrant
Under Rule 113, Section 4 of the Rules of Court, a warrant of arrest does not prescribe or become stale over time. Unlike a search warrant, which has a strict statutory validity period of ten days, a warrant of arrest remains active and enforceable indefinitely until it is fully executed by arresting the accused, or until it is formally recalled or quashed by the issuing court. Consequently, law enforcement officers possess full legal authority to execute an outstanding warrant of arrest whenever the returning accused is located within Philippine jurisdiction.

3. Jurisdiction Over Accused
Jurisdiction over the person of the accused is acquired either by his voluntary appearance or by his arrest pursuant to a lawful warrant. While a trial court cannot proceed to arraignment and trial in absentia without first acquiring jurisdiction over the person of the accused, the lack of personal jurisdiction does not invalidate the preliminary investigation, the criminal information, or the warrant of arrest itself. Once the accused returns to the country and is apprehended by police officers, jurisdiction over his person attaches, enabling the trial court to proceed with arraignment.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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