Picture this: you’re watching an action-packed legal thriller—the fugitive is nowhere to be found, so their lawyer steps into the spotlight to “handle” the incoming arrest warrant before things escalate. Sure, private lawyers do plenty of heavy lifting behind the scenes, but can they actually serve an arrest warrant, too? Let’s break it down. 

First things first: What is an arrest warrant?

A warrant of arrest is a lawful order issued by a judge who, upon finding probable cause after a personal review of the records, commands the arrest of a specific person for a crime. This document names the accused, states the alleged crime, and is signed by the issuing authority. 

An arrest warrant doesn’t have a strict expiration date once issued. That said, the police can’t just sit on it. They generally have 10 days to report to the court, explaining whether they successfully made the arrest or why they couldn’t serve the warrant.

Lawyers vs. Law Enforcement: Who actually gets to serve an arrest warrant?

Pinoys who’ve watched an unhealthy amount of teleseryes are all too familiar with the scene of police officers arriving at the villain’s door (if they’re lucky) to serve an arrest warrant for a laundry list of heinous crimes. And as far as real-life accuracy goes, television actually gets this part right.

Serving an arrest warrant is strictly a law-enforcement function, such as that of the Philippine National Police (PNP) and the National Bureau of Investigation (NBI), or other law-enforcement units explicitly named in the warrant. As for private lawyers, they operate strictly behind the scenes, serving as the legal counsel who gets the ball rolling. 

According to Atty. Renato D. Bueno, allowing a defense lawyer to act as the executing officer, “would blur the lines between law enforcement and legal defense, creating a severe conflict of interest.” Furthermore, he stressed that doing so potentially exposes the counsel to criminal liability for Usurpation of Authority under Article 177 of the Revised Penal Code.

“Kung papayagan natin ‘yung ganoong lohika na abogado na lang ang tatanggap [ng warrant of arrest], eh di lahat ng mayaman at makapangyarihang kriminal sa bansa natin dito sa Pilipinas ay magtatago na lang ‘yan,” said Bueno. “Tapos, ‘yung mga abogado nila ang magpapakita sa TV para tumanggap ng warrant. Ang batas po ay magiging laruan na lang. Parang ang mangyayari niyan, tagu-taguan na lang tayo. So, hindi pupwede ‘yan.”

Check us out on Facebook, Instagram, X, TikTok, and YouTube, to be the first to know about the latest news and coolest trends!