Debt Collectors Posing as Police With an “E-Warrant”: How to Respond and File a Complaint (Philippines)
Executive Summary
Some debt collectors—and outright scammers—have been contacting borrowers via SMS/Messenger, claiming to be police officers serving an “e-warrant” unless money is sent immediately (often via e-wallet). In the Philippines, non-payment of consumer debt is not a crime and you cannot be arrested for it (1987 Constitution, Art. III, Sec. 20). “E-warrant” threats in collection contexts are almost always fraud and may constitute usurpation of authority (Revised Penal Code [RPC] Art. 177), grave threats/coercion (RPC Arts. 282, 286), unjust vexation (RPC Art. 287), falsification if a bogus court order is used (RPC Arts. 171–172), unfair collection practices (SEC Memorandum Circular No. 18, s. 2019), and Data Privacy Act violations (RA 10173) when collectors disclose or misuse your personal data.
Key Legal Rules
1) No jail for ordinary debt
- Constitution, Art. III, Sec. 20: “No person shall be imprisoned for debt or non-payment of a poll tax.”
- Debt from loans, utilities, and credit lines is generally a civil matter. Non-payment may lead to demand letters, collection, negative credit reporting, and civil suits—but not arrest.
2) Narrow criminal exceptions (often misused by scammers)
- B.P. Blg. 22 (Bouncing Checks Law) and estafa (RPC Art. 315) can be criminal if elements are met (e.g., issuing a worthless check, deceit). Even then, arrest follows valid criminal process, not payment-by-chat threats.
- If you did not issue a check or commit fraud, these do not apply.
3) It is illegal to pretend to be law enforcement
- RPC Art. 177 (Usurpation of authority/official functions) penalizes falsely representing oneself as a police officer or performing acts pertaining to public authorities.
- RPC Arts. 282 & 286 penalize threats or coercion to force payment.
- RPC Arts. 171–172 cover falsification or use of falsified documents (e.g., a fake “warrant”).
4) Unfair collection practices are prohibited
- SEC Memorandum Circular No. 18, s. 2019 (for lending/financing companies and online lending platforms) prohibits: threats, obscene language, contacting people in your phonebook to shame you, false representations (including posing as police/court), and similar harassment.
- BSP-supervised entities (banks, credit card issuers) are likewise barred from abusive collections under BSP regulations issued pursuant to the Credit Card Industry Regulation Law (RA 10870) and consumer protection rules.
5) Data privacy and cyber rules
- Data Privacy Act (RA 10173): using/processing your data without lawful basis, doxxing contacts, or public shaming can be unlawful processing or unauthorized disclosure.
- Cybercrime Prevention Act (RA 10175): threats, harassment, or falsified e-documents done through ICT may be prosecutable as cyber-offenses or as qualifying circumstances.
What a Real Warrant Looks Like (and How It’s Served)
- Issued by a judge in a criminal case with a docket number, full name of the person to be arrested/searched, and judge’s signature and seal.
- Served in person by authorized officers (PNP/NBI/Sheriff) who identify themselves, show the warrant, and do not negotiate payment over chat.
- You will not be asked to “settle via GCash to cancel the e-warrant.” That is a red flag.
Immediate Response Plan (If You Receive an “E-Warrant” Threat)
Do not pay. Do not click links. Treat it as an attempted fraud and potential privacy violation.
Preserve evidence.
- Take screenshots of messages (showing sender, timestamps).
- Save attachments (alleged warrants, IDs, demand letters).
- Keep call logs/voicemails.
- Record the phone number, usernames, group chat names, and payment accounts they gave.
Verify (optional, if you’re anxious about a real case).
- Call your local police station or PNP Anti-Cybercrime Group hotline and ask how to verify.
- Phone the Office of the Clerk of Court where you live or where any alleged case is filed; ask if a criminal case with the quoted docket number exists.
- If a legitimate officer truly needs you, service will occur in person—not by chat.
Send a short rights-asserting reply (optional).
“Please cease contacting me through threats and false claims of an ‘e-warrant.’ Non-payment of debt is not a criminal offense under the Constitution. Posing as law enforcement violates the Revised Penal Code and unfair collection rules. Further contact may be referred to the NPC, SEC/BSP, and law enforcement.”
Secure your data.
- Change passwords; enable 2FA.
- Limit app permissions for any loan/collection apps.
- Consider replacing your SIM if harassment escalates; keep the old SIM for evidence.
Where and How to File Complaints
File in parallel—agencies can act on different aspects of the misconduct.
A) If the collector is a lending/financing company or online lending app
Securities and Exchange Commission (SEC) – Enforcement/Capital Market/Financing & Lending oversight
- Ground: Unfair collection practices (SEC MC 18-2019), misrepresentation as police, shaming, contact-harassment.
- Attach: screenshots, numbers, app names, company name (if known), and proof you’re a borrower (if applicable).
B) If the collector is a bank, credit-card issuer, or other BSP-supervised entity
Bangko Sentral ng Pilipinas (BSP) – Consumer Assistance / Financial Consumer Protection
- Ground: abusive collection, threats, misrepresentation.
- Include account statements, the bank’s name, and evidence of harassment.
C) Data Privacy violations (regardless of who the collector is)
National Privacy Commission (NPC) – Complaints for unlawful processing, unauthorized disclosure, and privacy breach (e.g., messaging your contacts, group shaming, scraping your phonebook).
- Identify what data they used, how they got it (e.g., app permissions), and the harm caused.
D) Criminal complaints (especially for impersonation or threats)
PNP-Anti-Cybercrime Group (ACG) or NBI-Cybercrime Division
- For usurpation of authority, grave threats/coercion, falsification, computer-related offenses.
- Ask for assistance in subscriber info request/preservation for phone numbers/e-wallet accounts used.
- Provide: screenshots, numbers/usernames, payment accounts, any fake IDs/warrants sent.
E) Telcos / SIM Registration Act (RA 11934) channels
- Report scam numbers to your carrier to request blocking and assist traceability under SIM registration rules.
F) Civil action (optional, if damage was done)
- Under the Civil Code (Arts. 19–21), you may sue for damages for abuse of rights, harassment, or privacy invasion; consult counsel if reputational or mental-anguish harm occurred.
Preparing a Strong Complaint Dossier
Checklist of attachments
- Chronology (dates/times; who contacted you; what was said; payment demanded).
- Screenshots of messages/calls (showing the sender’s details).
- Copies of any alleged “warrant,” police IDs, or court papers sent.
- Evidence of data misuse (e.g., messages to your employer/family, group chats created to shame you).
- Your loan/account information (if legitimately borrowed), or a statement that you have no relationship with the caller.
- List of phone numbers/usernames/e-wallet handles; links to profiles/groups.
- Any financial loss (receipts if you paid under duress—do not pay more).
Template narrative (adapt for any agency):
- Identity and contact details.
- Brief description of the debt (or none) and how the contact began.
- Description of threats (quote exact lines; attach screenshots).
- Claimed “e-warrant” and impersonation details.
- Data privacy harms (who else was contacted, how).
- Relief sought: investigation, takedown/blocking of numbers/accounts, sanctions, and updates to you.
If You Actually Have an Overdue Account
- Communicate in writing with the legitimate creditor only. Ask for the name, registered company, and official email.
- Request a Statement of Account and a written settlement offer on company letterhead; pay only through official channels (no personal GCash numbers).
- If harassed by a third-party collector, tell the creditor you will only deal directly with them and you object to unlawful collection practices.
- Consider restructuring or small claims if there is a dispute; still, none of this involves police.
Red Flags That Scream “Scam”
- “Pay within 1 hour or we’ll activate your e-warrant.”
- Ask you to pay via personal e-wallet or to scan a QR code.
- Edited PDFs of “warrants” with typos, no case docket, unsigned, wrong court.
- Threatening to message all your contacts or post your photos.
- Refusal to provide the company’s full registered name, SEC/BSP status, or official email.
Frequently Asked Questions
Can the barangay issue an “e-warrant”? No. Barangay proceedings (Katarungang Pambarangay) are for mediation/conciliation in civil disputes. They cannot issue arrest warrants.
What if they say it’s estafa or B.P. 22? Ask for the criminal case number and court. If they cannot provide verifiable details, it’s a bluff. Even with a case, officers do not collect via chat.
They sent a photo of a police ID. IDs can be stolen or edited. Impersonation is a crime; include the image in your complaint.
They contacted my boss/family. That may be an unfair collection practice (SEC MC 18-2019) and a privacy violation (RA 10173). Add those screenshots to your NPC/SEC complaints.
Practical Scripts
Short SMS reply to a “police/e-warrant” collector
I will not transact through threats. Non-payment of debt is not a criminal offense (1987 Constitution, Art. III, Sec. 20). Posing as police and sending fake warrants violate the Revised Penal Code and SEC rules on unfair collection. Further contact will be reported to the NPC, SEC/BSP, and law enforcement.
Email subject line for complaints
Complaint: Impersonation of Police and ‘E-Warrant’ Threats by [Company/App/Unknown Number]
Bottom Line
- You cannot be jailed for ordinary non-payment of debt.
- “E-warrant” collection threats are scams or illegal collection tactics.
- Preserve evidence, don’t pay, and complain to the appropriate agencies (SEC/BSP, NPC, PNP/NBI) simultaneously.
- Consider civil and criminal remedies if you suffered reputational or financial harm.
This article provides general information for the Philippine context and is not a substitute for tailored legal advice. If you receive credible documents or have a complex case history (e.g., checks issued), consult a lawyer promptly.