Dealing with Text Messages Claiming “Arrest Warrants for Estafa” in the Philippines

Unsettling text messages that threaten immediate arrest for estafa unless you call or pay are now a common scam. This article explains what estafa is under Philippine law, how real arrest warrants are issued and served, why a text message is almost certainly bogus, and exactly what to do—both if it’s a scam and if you suspect there might be a real case.

1) Quick takeaway

Courts—not police, not prosecutors—issue arrest warrants. Judges issue them only after personally finding probable cause in a criminal case.
Real warrants are not “sent by text.” They are served personally by law enforcers who must show proper identification and provide a copy of the warrant.
Never send money or click links. Scammers exploit fear to make you pay “bail,” “settlement,” or “NBI clearance fees.”
If you’re concerned a real case might exist, verify safely (see Section 6) and consult counsel. Estafa is typically bailable, and you have rights and remedies.

2) What estafa means in Philippine criminal law

Estafa (Article 315 of the Revised Penal Code, as amended) punishes fraud that causes damage or prejudice. It commonly arises in three groupings:

Abuse of confidence (e.g., misappropriating property received in trust or for a specific purpose).
False pretenses or deceit (e.g., pretending to have qualifications, authority, property, or credit; post-dating checks with fraudulent intent—distinct from B.P. 22).
Fraudulent acts/means (e.g., manipulating property to the prejudice of another).

Essential elements tend to be:

A fraudulent act (abuse of confidence, deceit, or similar);
That induces another to part with money or property or otherwise suffer prejudice;
Damage or prejudice capable of pecuniary estimation.

Penalty: The statutory penalty scales primarily with the amount defrauded (updated by Republic Act No. 10951). The higher the amount and the more victims, the heavier the penalty. In practice, estafa is usually bailable as a matter of right before conviction.

3) How real arrest warrants are issued (and what they look like in practice)

Only judges issue arrest warrants. After a complaint is filed and a prosecutor recommends the filing of an Information (or after inquest), the judge personally evaluates the prosecutor’s resolution and supporting evidence and, if probable cause exists, issues a written warrant.
Warrants contain specifics: the court’s name and branch, the case number, the charge, the person to be arrested, and the judge’s signature and date.
Service: Law enforcers (PNP/NBI/CIDG) serve warrants in person. They identify themselves, show the warrant, and—subject to safety—allow you to read it. They do not demand GCash loads, “processing fees,” or “online bail” over SMS.

Red flag: Any “warrant by text” that threatens arrest today unless you pay right now is virtually certain to be a scam.

4) Warrantless arrests—limited, specific, and still not “by text”

Rule 113, Section 5 of the Rules of Criminal Procedure allows warrantless arrests only if:

You are caught in flagrante delicto (actually committing a crime);
Hot pursuit (crime has just been committed and there’s probable cause pointing to you);
You are an escapee from confinement or a person who escaped while under law enforcement custody.

Even then, officers must identify themselves, explain the cause of the arrest, and respect your constitutional rights. A text message is never a lawful substitute.

5) Typical features of the scam

Spoofed identities: “Police Lt. ___,” “NBI Atty. ___,” using logos or seals in MMS/Viber images.
Urgent, threatening tone: “Bailable today only,” “Team en route,” “Hold departure order (HDO) already issued.”
Payment requests: “Settle via GCash/PayMaya,” “Pay for e-clearance,” “Administrative fee.”
Malicious links: Phishing pages for “court portals,” “e-warrant,” or “NBI clearance.”

Reality check on HDOs: Hold Departure Orders are issued by courts (and watchlist orders by the DOJ) in specific circumstances—not by text and never payable through e-wallets.

6) What to do—step-by-step

A. If you believe it’s a scam (most cases)

Do not reply, click, or pay.
Preserve evidence: screenshot the message, note the number, date/time, and any links.
Report:
- Forward spam texts to 7726 (SPAM) using your mobile carrier’s instructions.
- File a complaint with your telco and consider reporting to the NTC and National Privacy Commission if personal data was misused.
- If money was lost, report to PNP Anti-Cybercrime Group or NBI Cybercrime Division; bring screenshots and proof of transfers.
Secure your accounts: change passwords, enable 2FA, and monitor e-wallet/bank activity.

B. If you’re worried there might be a real case

Calmly verify—safely (no links in the text):
- Check for any legitimate subpoena you received from a Prosecutor’s Office (usually by mail/personal service or official email).
- Call or visit (using official numbers you look up independently) the Clerk of Court of the place where a case would likely be filed (usually where the alleged offense occurred). Provide your full name and ask if there is a pending criminal case or warrant.
- You may request your lawyer to check with the PNP Warrant Section or NBI for any enforceable warrants.
Consult counsel immediately if anything is confirmed (or even uncertain). A lawyer can:
- Verify case status;
- Arrange voluntary surrender if a real warrant exists;
- Prepare to post bail (see Section 7);
- Assess defenses and compliance with due process.

Tip: An NBI Clearance sometimes surfaces hits, but a “clean” clearance does not guarantee the absence of a recently filed case. Treat it as one data point, not definitive proof.

7) If a real warrant exists: your rights and immediate options

Bail: For estafa, bail is ordinarily a matter of right before conviction. You (through counsel) can post bail with the issuing court or, in certain situations, with any regional trial court if the judge who issued the warrant is unavailable (see Rule 114). Prepare government-issued IDs, photos, and the bail amount (cash or surety).
Counsel: You have the right to a lawyer at all stages. If arrested, be informed of your rights (to remain silent, to counsel, that statements may be used against you).
Motion to Quash/Recall: If the warrant is defective (e.g., no probable cause, wrong identity), counsel may file a Motion to Quash or seek recall of the warrant.
Preliminary Investigation (PI): For offenses with penalties of at least 4 years, 2 months, and 1 day (which estafa typically meets), you are entitled to a preliminary investigation unless arrested lawfully without a warrant and subjected to inquest. You have the right to receive the complaint and evidence, and to file a counter-affidavit (with annexes) within the period set by the prosecutor (often 10 days from receipt).
Identity defense / mistaken identity: If the person named in the warrant is not you, counsel can immediately raise mistaken identity with the court and law enforcement (bring government IDs, supporting documents).

8) How legitimate process usually looks (so you can spot fakes)

Complaint-affidavit filed with the prosecutor →
Subpoena for preliminary investigation (you receive the complaint and annexes) →
Resolution recommending dismissal or filing of Information →
Filing of Information in court →
Judge’s personal finding of probable cause → Warrant of arrest issued (if needed) →
Service of warrant by officers in person (showing ID and the warrant) →
Bail (if applicable) → arraignment and trial.

None of those steps require you to send money by text.

9) Related laws you can invoke against scammers

Cybercrime Prevention Act (R.A. 10175): computer-related fraud, illegal access, phishing, and related offenses.
Data Privacy Act (R.A. 10173): unlawful processing of personal data; you may complain to the National Privacy Commission if your data was misused.
SIM Registration Act (R.A. 11934): imposes SIM registration and prohibits spoofing/false registration; violations carry penalties.
Revised Penal Code provisions on threats, swindling, usurpation of authority, forgery (when seals/logos are faked), and grave coercion/unjust vexation, as circumstances warrant.

10) Practical scripts and templates

A. Internal note to self (when you receive a threat text)

“Do not reply/click. Screenshot. Note sender number and time. Report to 7726. Preserve for police/NBI. No payment.”

B. Short reply (only if you accidentally engaged and need to shut it down)

“Please send the court name, branch, case number, and a copy of the signed warrant. I will verify directly with the court. I will not transact by text.” (Then disengage and block; do not open links.)

C. Basic incident log (for police/NBI/telecom report)

Date/time received:
Sender number/handle:
Message content (copy/paste + screenshot):
Any links:
Any money transferred (amount, date, reference no.):
Action taken (reported to 7726 / carrier / PNP-ACG / NBI).

11) If you already sent money or data

Freeze the damage: contact your bank/e-wallet to dispute or halt transfers; change passwords; enable 2FA; audit devices.
File a police blotter and report to PNP Anti-Cybercrime Group or NBI Cybercrime Division with your evidence.
Consider identity-theft monitoring: watch for new accounts opened in your name; request statement copies from banks and e-wallets.
Coordinate with your carrier if the scam involved SIM swap attempts or suspicious SIM activity.

12) Special notes and FAQs

“They say a hold departure order is already issued.” Courts issue HDOs; these are formal court issuances, not text threats. Always verify with the court through official channels, never via links provided by the texter.
“They claim an ‘online bail’ portal.” Bail is posted with the court (cash or surety). There is no legitimate third-party “bail collector” by text.
“What if I receive an email/subpoena?” Authentic subpoenas from prosecutors or courts carry official letterhead, case details, and instructions for appearance or filing a counter-affidavit. When in doubt, call the issuing office using a number you found independently.
“Is estafa the same as B.P. 22?” No. B.P. 22 punishes the issuance of bouncing checks (malum prohibitum), while estafa punishes fraud/deceit (malum in se). Facts sometimes support both charges.

13) A concise checklist you can keep

Don’t reply, click, or pay.
Screenshot and note the number/time.
Report to 7726 and your carrier; consider NTC/NPC complaints.
If worried: independently contact the Clerk of Court or consult counsel to verify case status.
If a real warrant exists: coordinate voluntary surrender, post bail, and assert your rights.
If you lost money/data: alert bank/e-wallet, file police/NBI reports, change passwords, enable 2FA.

Final word

Scare-text tactics work only when people panic. Philippine criminal procedure builds in safeguards: judges—not texters—issue warrants; due process precedes arrests in ordinary cases; and you have robust rights to verification, counsel, and bail. Treat threatening messages as suspect by default, verify through official channels, and act methodically using the steps above.