Metro Manila, Philippines – The Supreme Court has clarified its rules on fugitives, outlining court guidelines which dictate that an accused on the run “can no longer participate in proceedings and cannot seek any judicial relief.”
In a press release on Friday, Nov. 28, the high court defined that a fugitive from justice is “someone who not only flees after conviction to avoid punishment, but one who also flees after being charged to avoid prosecution.”
According to the SC, courts must first issue a warrant of arrest against the accused. The warrant, which includes e-warrants, should be implemented within 10 days after an executing officer receives the document.
The SC stated that if the warrant cannot be executed because the accused is abroad, the court may assess whether or not to declare the accused as a fugitive from justice.
“Such a person loses their standing in court, can no longer participate in the proceedings, and cannot seek any judicial relief. They can only restore their standing before the court through voluntary surrender,” the court said.
Examples of judiciary reliefs include injunctions, which are court orders to stop or start an action such as a temporary restraining order, and financial compensation for loss.
The court said the warrant will remain until it can be executed.
“The criminal case shall be archived only if the accused remains at large for six months from the date of the issuance of the warrant of arrest or creation of the e-warrant,” the SC added.
However, the archiving of a warrant after six months does not affect its possible revival once it could be executed.
“It is time to apply this rule to those who commit or are suspected of committing crimes and then flee outside Philippine jurisdiction, the high court said.
“Applying this rule strengthens the justice system and protects due process rights, which both the accused and the State are equally entitled to,” it added.
The SC clarification was in the wake of a number of government officials and politicians who cannot be located in the country or are hiding abroad over high-level crimes such as the multibillion-peso flood control scandal and the trafficking in persons arising from illegal offshore gaming operations.
