In the Philippines, "Estafa" (Criminal Deceit/Swindling) under Article 315 of the Revised Penal Code is one of the most common criminal charges. However, a frequent hurdle for complainants is when the accused goes into hiding—often referred to as being "at large."
When an accused person evades the law, the legal process doesn't simply stop, but it does enter a specific procedural phase designed to preserve the case while the authorities seek the fugitive.
1. The Preliminary Investigation Phase
Even if the accused is missing, the case usually begins at the Prosecutor’s Office (National Prosecution Service).
- Subpoena and Counter-Affidavit: The Prosecutor will issue a subpoena to the last known address of the respondent.
- The "Hiding" Effect: If the respondent cannot be found or refuses to receive the subpoena, they waive their right to present a counter-affidavit.
- Resolution: The Prosecutor will decide based solely on the evidence provided by the complainant. If "Probable Cause" is found, an Information (the formal criminal charge) is filed in court.
2. The Issuance of the Warrant of Arrest
Once the case is raffled to a Regional Trial Court (RTC) or Municipal Trial Court (MTC), the Judge examines the records. If the judge finds probable cause, they will issue a Warrant of Arrest.
- The "At Large" Status: At this point, the accused is officially a fugitive.
- Law Enforcement: The warrant is sent to the NBI and the PNP (Police). However, the complainant often assists by providing tips on the accused's whereabouts.
3. Archiving the Case
A common misconception is that a case is dismissed if the accused is not caught. This is incorrect. Instead, the court will Archive the case.
Note: Archiving is a procedural "pause." It happens if the warrant of arrest remains unserved for six (6) months and the accused cannot be found.
- The Case Stays Alive: The case is not closed; it is simply moved to the "archive" section of the court's docket.
- Prescription Period: While the case is filed in court, the Period of Prescription (the time limit for the state to prosecute the crime) is interrupted or "tolled." This means the accused cannot simply hide for 10 years and hope the case "expires."
4. The Impact of Hiding: Flight as an Admission of Guilt
In Philippine jurisprudence, the Supreme Court has repeatedly ruled that "The wicked flee when no man pursueth, but the righteous are as bold as a lion."
While not an automatic conviction, the act of "flight" (hiding or evading arrest) is considered strong circumstantial evidence of a "guilty conscience." When the accused is eventually caught, their history of hiding can be used to argue against the grant of bail.
5. Remedies for the Complainant
If the accused is hiding, the complainant can take the following steps to move the needle:
| Action | Description |
|---|---|
| Alias Warrant | If the original warrant expires (it doesn't actually expire, but police reports might stop), the court can issue an "Alias Warrant of Arrest" to keep the search active. |
| Hold Departure Order (HDO) | For Estafa cases filed in the RTC, the complainant can move for an HDO to prevent the accused from leaving the country via airports/seaports. |
| Request for Red Notice | If it is confirmed the accused has fled abroad, the Philippine government can request INTERPOL to issue a Red Notice for their location and arrest. |
| NBI/Police Coordination | Active coordination with the tracker teams of the PNP or NBI to provide leads on the accused’s social media activity or workplace. |
6. What Happens Upon Arrest?
The moment the accused is apprehended:
- Return of Warrant: The arresting officer notifies the court.
- Revival of the Case: The court "orders the revival" of the archived case.
- Arraignment: The accused is brought before the judge to enter a plea (Guilty or Not Guilty).
- Bail Application: Since Estafa is generally bailable (unless it involves large-scale "Syndicated Estafa"), the accused will likely try to post bail. The complainant can oppose this by citing the accused's history of being a "flight risk."
Summary
Hiding may delay justice, but in the Philippine legal system, it does not defeat it. The case remains "on ice" in the archives, the warrant stays active indefinitely, and the act of hiding itself serves as a legal disadvantage for the accused once they are eventually caught.
Would you like me to draft a sample motion to revive an archived case or explain the specific penalties for different types of Estafa?