Introduction

In the Philippines, text scams alleging criminal complaints or estafa cases have become increasingly sophisticated. Scammers often pose as prosecutors, lawyers, or court personnel, sending alarming messages that threaten arrest or legal action unless the recipient pays a settlement or contacts them immediately. These fraudulent schemes exploit fear and unfamiliarity with legal procedures. This article outlines how to verify such threats, understand real legal processes, and protect yourself from scams impersonating law enforcement or judicial institutions.

1. Understanding “Estafa” Under Philippine Law

Estafa is a criminal offense under Article 315 of the Revised Penal Code (RPC). It involves defrauding another person by abuse of confidence or deceit, resulting in damage or prejudice. Common forms of estafa include:

Misappropriation or conversion of money or property entrusted to the offender
False pretense or fraudulent acts causing another to part with money or property
Issuance of worthless checks (Batas Pambansa Blg. 22 also applies)

Estafa is a bailable offense, but it is still serious, carrying penalties ranging from prisión correccional to reclusión temporal depending on the amount defrauded.

2. The Real Process of a Criminal Case in the Philippines

To distinguish scams from legitimate legal action, it’s crucial to understand the official procedure when someone is charged with estafa or any criminal offense:

a. Filing and Investigation

A complaint must be filed before the Office of the City or Provincial Prosecutor.
The Department of Justice (DOJ) or local prosecution office will issue a subpoena to the respondent (accused) requiring submission of a counter-affidavit.
This subpoena is served personally or by registered mail, not by text or messaging apps.

b. Preliminary Investigation

A preliminary investigation determines whether there is probable cause to file a case in court.
The respondent is given the right to due process—to receive copies of the complaint and evidence, and to submit a written defense.

c. Court Filing and Warrant of Arrest

Only after the prosecutor files an Information in court, and the judge finds probable cause, can a warrant of arrest be issued.
A court or prosecutor will never inform you of this through text, Viber, or Facebook Messenger.

Thus, any message claiming you have an ongoing estafa case but offering settlement or warning of immediate arrest via text is a scam.

3. Common Features of Text Scams Impersonating Courts or Prosecutors

These scams follow predictable patterns. Watch for these red flags:

The sender claims to be from the DOJ, NBI, or a regional prosecutor’s office, yet contacts you via SMS or messaging apps.
They provide case numbers that cannot be verified on the DOJ or Supreme Court websites.
They threaten immediate arrest or warrant issuance if you don’t pay or call a “fiscal” or “attorney” number.
They use generic or unofficial email addresses (e.g., Gmail, Yahoo, Hotmail) instead of official “@doj.gov.ph” or “@judiciary.gov.ph” domains.
They may attach fake documents with forged letterheads or e-signatures.

4. How to Verify the Authenticity of Legal Threats

When you receive such a message, follow these steps to verify legitimacy:

a. Do Not Reply or Engage Immediately

Avoid calling or texting back. Scammers use urgency and fear to make you act impulsively.

b. Check Official Channels

DOJ: Call or email the Department of Justice Action Center (DOJAC) via (02) 8523-8481 local 221 or dojac@doj.gov.ph.
NBI: Visit or call the National Bureau of Investigation (NBI) for verification.
Supreme Court eCourt Portal: You can check the existence of real court cases at https://ecourt.judiciary.gov.ph.
Local Prosecutor’s Office: Contact the prosecution office in your city or province using numbers listed on the DOJ’s official website.

c. Verify Names and Numbers

Cross-check the names of alleged prosecutors or clerks using the Official Directory of DOJ and Supreme Court personnel. Scammers often use real names but fake contact details.

d. Keep Records

Take screenshots or save copies of the messages, numbers, and any attached files. These can help authorities trace and prosecute cybercriminals under the Cybercrime Prevention Act (RA 10175).

5. Reporting Scams

If you confirm a message is fraudulent, report it to the following:

National Telecommunications Commission (NTC): To block scam numbers
Philippine National Police Anti-Cybercrime Group (PNP-ACG): acg@pnp.gov.ph or hotline (02) 8414-1560
National Bureau of Investigation (NBI) Cybercrime Division: complaints@nbi.gov.ph
Department of Information and Communications Technology (DICT): For digital safety complaints

Reporting helps prevent others from becoming victims and assists law enforcement in tracking scam syndicates.

6. Legal Remedies and Protections

Victims of such scams may pursue remedies under:

Article 315, RPC (Estafa) — against those defrauding the public
RA 10175 (Cybercrime Prevention Act of 2012) — for online fraud, identity theft, and impersonation
RA 11934 (SIM Registration Act) — allows tracing and blocking of scam numbers
RA 9474 (Anti-Money Laundering Act) — for financial fraud involving remittance or bank accounts

You may also seek assistance from public attorneys, integrated bar of the Philippines (IBP) chapters, or free legal aid offices.

7. Practical Tips to Avoid Being Scammed

Never share personal information or photos with strangers claiming to be government officials.
Do not send money, prepaid load, or account numbers to unknown persons.
Use official websites and verified social media pages for government communications.
Enable spam filters and SMS blocking on your mobile device.
Keep yourself updated on common scam tactics through media advisories and public bulletins.

Conclusion

Receiving a text message alleging you’re being charged with estafa can be frightening, but the law guarantees due process—and no legitimate prosecutor or court will ever communicate through text or social media. Understanding real legal procedures and verifying through official channels are your best defenses. Stay alert, stay informed, and always remember: fear is the scammer’s weapon, but knowledge is your shield.