EXPLAINER: What is the difference between a subpoena and an arrest warrant?

The Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) has issued a subpoena to Senator Ronald “Bato” Dela Rosa on Monday in connection with alleged extrajudicial killings (EJKs).

This came following reports that an International Criminal Court (ICC) arrest warrant has been issued against him, a claim the tribunal has denied.

But what is the difference between the two?

Under Rule 21, Section 1 of the Revised Rules of Court, a subpoena is a process requiring an individual to attend and to testify at a hearing or a trial of an action, at any investigation conducted by competent authority, or for the taking of his or her deposition.

The rule further stated that a subpoena may require him to bring with him any books, documents, or other things under his control, in which case it will be called a subpoena duces tecum.

A subpoena must also state whom it was issued by, information regarding the case or investigation, and the name of the individual being obligated to appear while a subpoena duces tecum must state the documents needed as well as the names of people who may be involved or important in the investigation.

Arrest warrant

Meanwhile, a warrant of arrest is issued by a court or authorized official when there is probable cause based on the case, affidavit, or information.

The warrant must contain the names of the the accused, the charges involved, and the signature of the official who issued the warrant.

In the Philippines, a warrant of arrest does not have an expiration date until it is served or withdrawn by a court.

Under Rule 113, Section 4 of the Revised Rules of Criminal Procedure, law enforcement agencies must cause the warrant to be executed within 10 days from its receipt.

Within 10 days after that period, law enforcement agencies must report to the judge who issued the warrant. Should they fail to execute the warrant, law enforcement agencies shall state the reasons for the failure.

Meanwhile, agencies must also return the warrant back to the court within 10 days after it was served.

For its part, Department of the Interior and Local Government (DILG) Secretary Jonvic Remulla has clarified that the subpoena issued by the PNP-Criminal Investigation and Detection Group is not connected to the alleged ICC warrant.

Earlier, personnel of Dela Rosa’s office in the Senate received the copy of the subpoena. —Joahna Lei Casilao/KG, GMA News