SC sets rules for arresting fugitives

The Supreme Court (SC) has set clear procedures and criteria for declaring an accused person a fugitive from justice.

In a press release on Saturday, the SC defined fugitives as accused individuals who flee not only to avoid punishment but also to evade prosecution. The Court noted that fugitives are barred from seeking judicial relief.

“The essential element is the intent to evade prosecution or punishment… More specifically, a person who leaves the Philippines knowing that an Information has been filed in court and that a warrant of arrest has been issued shows a clear intent to evade arrest and prosecution, making that person a fugitive from justice and possibly disentitled to any judicial relief,” the decision read.

The SC emphasized that an accused must be aware that a warrant or Information has been filed against them. Following this, the Court outlined these guidelines to be observed:

• The court shall issue a warrant of arrest to be executed within 10 calendar days of receipt;
• If the accused is not arrested because they are outside Philippine jurisdiction, the court may assess and declare them a fugitive from justice;
• If declared a fugitive, the accused will lose their standing in court, will no longer be able to participate in proceedings, or seek judicial relief;
• A warrant not personally served on the accused shall be considered outstanding;
• Cases will be paused if the accused remains at large for six months but may be reopened once the warrant is executed or if the accused is detained under a different warrant.

“A person who has not submitted to the court’s jurisdiction has no right to invoke its processes. Jurisdiction is necessary to ensure that the court’s judgment can be enforced. This requirement is not met when an accused is a fugitive or is outside the territorial jurisdiction of the Philippine courts,” the SC explained.

The Court also noted that an accused can submit to the court’s jurisdiction without being in physical custody if they actively participate and seek affirmative relief.

“The rules require an accused to be physically present only in specific instances… Jurisdiction over the person of the accused is not acquired simply by the filing of pleadings or participation through counsel. Custody over the person of the accused, whether through arrest or voluntary surrender, must first be obtained before the case may proceed,” the SC said.

“Those who refuse to surrender and submit to the court’s jurisdiction should not be entitled to seek relief under the fugitive disentitlement doctrine… It is time to apply this rule to those who commit or are suspected of committing crimes and then flee outside Philippine jurisdiction,” the SC added.—MCG, GMA Integrated News