How to Verify a Warrant of Arrest and Avoid “Warrant” Text Scams (Philippines)
This article is for general information only and is not a substitute for legal advice. If you believe you have a warrant or you’ve been arrested, consult a Philippine lawyer immediately.
1) Quick Primer: What an Arrest Warrant Is (and Isn’t)
- Who issues it: A judge issues a warrant of arrest after personally determining probable cause from a criminal complaint/information and supporting records. Prosecutors do not issue arrest warrants; they recommend the filing of cases.
- What it contains: The case title and number (if already assigned), the accused’s name or a sufficiently particular description, the offense, the court and branch, the judge’s signature and seal, and directions to law enforcers to arrest the named person.
- When it’s used: After a criminal case is filed and the judge finds probable cause. (Separate from warrantless arrests, which are allowed only in narrow situations—e.g., in flagrante delicto.)
- Bench warrant vs. arrest warrant: A bench warrant is typically issued for failure to appear in court; a regular arrest warrant follows a finding of probable cause on the criminal charge. Both are enforceable by law enforcement.
2) Your Rights When Served With a Warrant
- Identify the officers: Arresting officers must identify themselves and their authority. You may ask to see the warrant and note the court, branch, case number, offense, and date.
- Miranda & RA 7438 rights: You have the right to remain silent and to counsel. Any waiver must be in writing and in the presence of counsel. You also have the right to be informed of your rights in a language you understand and to communicate with counsel, a relative, or an NGO.
- Search limits: A warrant to arrest is not automatically a warrant to search your home or devices. Officers may do a search incident to a lawful arrest (for weapons/contraband within immediate control), but broader searches generally require a search warrant or another legal basis.
- Bail: For most offenses, you have a right to bail. Bail may be posted with the court (or, in some cases, with the nearest court or authorized officer if the issuing court is far). Ask your lawyer about recommended bail and proper receipts.
- Booking and delivery to court: After arrest, you must be brought to the proper judicial authorities within the periods set by law. If arrested without a warrant, inquest procedures apply; if with a warrant, you are turned over to the issuing court or nearest court for further proceedings.
3) How to Verify if a Warrant Exists (Legitimate Channels)
If you suspect you may have a case or a warrant, take these practical steps:
A. Check Directly With the Court
Identify the likely court based on the place of the alleged offense and the type of offense (e.g., Municipal/Metropolitan/Regional Trial Court; specialized courts for certain laws).
Contact the Office of the Clerk of Court or the court branch: Provide your full name, birthdate, and any known case details (complainant, incident date, location).
Request case status or whether a warrant of arrest or bench warrant has been issued in your name. If confirmed, ask about:
- Case number and title
- Judge and branch
- Alleged offense
- Copy-certification procedures (how to obtain an official copy of the order/warrant)
If you receive a copy, verify judge’s name and signature, court seal, and dates.
Tip: Courts will not act on informal screenshots. Always ask for official copies or written confirmation via the court’s published channels.
B. Coordinate Through Your Lawyer or Public Attorney
- A lawyer can check the docket, confirm issuance, and arrange surrender (if advisable), including preparing undertakings for bail and ensuring your rights are protected during booking.
C. Law Enforcement Warrant Sections (Carefully)
- Some police units maintain a Warrant and Subpoena Section. If you inquire, go personally, bring valid IDs, and preferably be accompanied by counsel. Do not disclose sensitive personal data over the phone to unknown numbers.
D. Prosecutor’s Office (Case Status)
- The prosecutor can confirm case filing and resolution status (e.g., whether an information was filed in court), which is often a precursor to a judicially issued warrant.
E. NBI Clearance vs. Warrants
- An NBI Clearance may flag a “hit,” but that is not definitive proof of a warrant. You may need to undergo verification and/or check with the court of origin to know if a warrant exists.
4) How Arrest Warrants Are Properly Served
- Presentation: Officers should show the warrant (or at minimum identify it, if immediate presentation is impracticable), inform you of the cause of arrest, and execute the arrest without unnecessary force.
- Time and place: Warrants may generally be served any day and time. Service inside a dwelling or workplace must still respect constitutional protections; entry may require consent or lawful grounds (e.g., hot pursuit, valid search warrant, exigent circumstances).
- Documentation: Expect booking, mugshots, and potentially medical examination. Request copies of booking sheets and receipts for any property taken.
5) Common “Warrant” Text Scams—and How to Handle Them
Scammers exploit fear by pretending to be from PNP, NBI, DOJ, courts, or telcos, claiming there’s a warrant, subpoena, or pending case, and demanding money or data.
Red Flags
- Messages from prepaid or random mobile numbers, messaging apps, or personal email addresses.
- Urgent threats of immediate arrest unless you pay “processing,” “bail,” “lifting,” or “cancellation” fees via e-wallets or bank transfers.
- Files or links labeled “Warrant.pdf,” “Subpoena,” or similar, especially with shortened URLs.
- Requests for One-Time Passwords (OTPs), PINs, or full ID photos/selfies.
- Use of bad grammar, misspellings, or generic salutations (“Dear User,” “Dear Subscriber”).
What to Do (Do’s)
Stay calm; do not reply or click links. Do not send money or IDs.
Verify via official channels:
- Court: Clerk of Court (by phone/official email/over-the-counter).
- Police: Local station desk or official hotline; ask to be connected to the Warrant Section.
- Prosecutor’s Office: For filing status.
- Your lawyer: For direct verification and next steps.
Preserve evidence: Take screenshots of the message, number, timestamps, and any links.
Block and report the number to your telco and relevant authorities (see Reporting, below).
What Not to Do (Don’ts)
- Don’t call the number in the text or follow instructions in the message.
- Don’t share personal data, photos of IDs, or bank/e-wallet details.
- Don’t meet unknown “agents” in private places; if a legitimate officer invites you, insist on a public station and bring counsel.
6) Reporting Scam Messages
- Telcos: Use your carrier’s spam reporting channel or customer app to report the sender and attach screenshots.
- Law enforcement: File a report with the PNP Anti-Cybercrime Group or nearest police station; bring screenshots and your ID.
- Other agencies: You may also raise concerns under the Data Privacy Act (for misuse of your personal data) with the appropriate authority, and with the DOJ for cybercrime complaints. Keep an incident log (dates, numbers, content).
Note: Legitimate agencies will never require you to pay “bail” or “lifting fees” by GCash, PayMaya, or remittance centers via text.
7) If You Confirm There Is a Warrant
Retain counsel promptly. Your lawyer can:
- Verify the warrant and information on record,
- Negotiate orderly surrender (if advisable),
- Prepare bail documents and coordinate with the issuing court.
Bring proper identification and money for bail (if bailable) and official fees—pay only at the court cashier or authorized depository and obtain Official Receipts.
Comply with fingerprints and mugshots; request copies of booking documents and ensure your rights are respected throughout.
Follow court dates strictly. Missing a hearing can trigger a bench warrant and forfeiture of bail.
8) Frequently Asked Questions
Q: Can someone just text me a “copy” of a warrant? A: A screenshot or PDF sent by text is not proof. A warrant must be issued by a judge and is verifiable through the court. Treat texts as suspect until verified.
Q: Do I have to show ID to officers? A: You may be asked to identify yourself. If you doubt their identity, request to see badges/IDs and the warrant. You can call 911 or the local station to confirm the operation.
Q: Can they force entry into my home? A: An arrest warrant authorizes arrest of the person named; entry into a dwelling still implicates constitutional protections unless there is consent, exigency, or another lawful basis.
Q: How fast must I be brought before a court? A: For warrantless arrests, strict time limits apply before you must be brought to judicial authorities (with inquest). For warrant-based arrests, you are committed to the proper court for further proceedings. Consult counsel on specific timelines and remedies.
Q: Will paying someone by e-wallet “lift” a warrant? A: No. Only the court can recall or quash a warrant. Payments outside official channels are a scam—and may expose you to further risk.
9) Practical Checklists
A. Verification Checklist
- Do I have the court/branch and case number?
- Have I seen an official copy (not a screenshot) or received written confirmation from the court?
- Have I consulted a lawyer about bail and surrender options?
- Have I verified officer identities and agency phone lines?
B. Scam-Handling Checklist
- No replies, no clicks, no payments.
- Screenshots saved (number, message, timestamp, links).
- Reported to telco and law enforcement.
- Blocked the sender.
- Monitored accounts for suspicious activity; changed passwords if any link was clicked.
10) Legal Remedies If There’s Abuse
- Motion to quash warrant (e.g., lack of probable cause, defective particulars).
- Suppression of evidence from illegal searches/seizures.
- Administrative/Criminal complaints against officers for misconduct.
- Habeas corpus (for unlawful detention).
- Civil damages for violations of constitutional rights.
11) Sample Safe Scripts
To a court (phone/email/over-the-counter): “Good day. I’m inquiring whether a warrant of arrest has been issued in my name, [Full Name, Birthdate], possibly related to [Offense/Incident Location & Date]. Could you please confirm the case number, status, and procedures to obtain an official copy?”
To a police station (desk/Warrant Section): “I’m verifying information about a possible warrant under my name, [Full Name, Birthdate]. I wish to confirm if one exists, the issuing court and case number, and the proper process for addressing it. I prefer to coordinate through my counsel.”
To a scammer (best: no reply). If you already replied once: “I will verify this with the court/official hotlines. Do not contact me again.”
12) Key Takeaways
- Only courts issue warrants; verification is through official court channels, not by text.
- Never pay “lifting,” “cancellation,” or “bail” via e-wallet based on a message.
- Know and assert your rights during arrest and booking.
- Get a lawyer early—to verify, plan a safe appearance, and protect your rights.
If you need help tailoring next steps to your specific situation (e.g., which court to check first, how to prepare documents for bail, or drafting a motion), say a few details about the alleged case location and offense, and I can outline a precise action plan.