A practical, everything-you-need-to-know guide in the Philippine setting. General information only, not legal advice.
Snapshot answer
A text message is not a lawful “service” of a warrant of arrest. Warrants are addressed to law enforcers and are executed by taking the person into custody, not by notifying the accused via SMS.
Arrest remains valid even if you never received a text. What matters is a validly issued judicial warrant and its lawful execution by officers.
Most “warrant” texts are scams. Courts and police do not collect bail/fines via links or e-wallets sent over SMS.
What a valid warrant is (and isn’t)
Constitutional and procedural bases
Constitution, Art. III, §2: A judge may issue a warrant upon probable cause, personally determined after examining the complainant and witnesses under oath, and it must particularly describe the person to be arrested.
Rules of Criminal Procedure (Rule 112 & Rule 113):
- After finding probable cause, the judge issues a warrant of arrest.
- Rule 113 governs arrest: a warrant is directed to peace officers; it is executed by actual arrest, not by sending notice.
Direction and addressee
- A warrant is not a notice to the accused; it is a command to officers. There is no rule requiring prior text, call, or letter to the accused before arrest.
How a warrant is lawfully executed
- Identification & cause: Officers must identify themselves, state their authority and the cause of arrest, and show the warrant upon demand if practicable.
- Possession of the warrant: An officer need not physically carry the warrant at the moment of arrest but must show it as soon as practicable.
- Rights on arrest (R.A. 7438): You must be informed of your rights to silence and counsel, allowed to communicate with counsel/family, and protected against custodial interrogation without counsel.
- Booking & bail: If the offense is bailable, bail is posted with the court, or in authorized instances with a duty judge/prosecutor under the rules—never via random payment links.
Where SMS fits (and where it doesn’t)
- Not a mode of service. SMS is not recognized by the Rules as a way to “serve” a warrant.
- Logistics only. Police or prosecutors sometimes coordinate by text for voluntary surrender or scheduling, but the message adds no legality and substitutes nothing required by law.
- Electronic systems ≠ SMS service. Courts may transmit data to law-enforcement databases (e-warrants). That internal transmission is different from notifying the accused by text, which has no legal effect on validity.
Warrantless arrests vs. “texted” arrests
- Warrantless arrest is allowed only in narrow cases (e.g., in flagrante delicto, hot pursuit, escapee).
- A text message about a supposed warrant does not expand these exceptions and does not authorize arrest by itself.
Typical SMS scams (red flags)
- Requests to pay bail/fines via GCash/e-wallet or to click a short, suspicious link.
- Vague case details (no court, branch, docket, or offense; misspelled names).
- Threats of immediate jailing unless you pay today.
- Sender uses a personal prepaid number purporting to be a “court” or “police.”
What to do:
- Do not click or pay.
- Preserve the message (screenshots with number, date, and time).
- Verify through counsel with the clerk of court/prosecutor using official contact channels.
- Report to PNP/NBI cybercrime units and your telco.
Validity of arrest vs. lack of text
- With a valid warrant: Arrest is lawful even if you received no SMS.
- With an invalid warrant/illegal arrest: Remedies include motion to quash the information/warrant, suppression of evidence, release if warranted, and civil/administrative actions against erring officers.
Practical playbook if you receive a “warrant” text
- Stay calm. Don’t respond or negotiate over SMS.
- Call a lawyer immediately.
- Verify (through counsel) with the issuing court if a case/warrant actually exists.
- If real and bailable: Arrange voluntary surrender to the court or issuing unit; bring IDs and prepare bail per Rule 114.
- Assert rights on arrest (R.A. 7438): silence, counsel, to be informed, to communicate. Decline questioning without counsel present.
- If fake: File a blotter/complaint with PNP/NBI; keep all evidence (SMS content, numbers, any links).
FAQs
Is a text “from the court” proof that a warrant exists? No. Judicial acts are on record. A text is not an official notice or service of warrant.
Can police arrest me without showing the warrant on the spot? They should show it upon demand if practicable; lack of physical possession at the instant of arrest does not automatically invalidate an otherwise lawful arrest on a valid warrant.
Can I pay bail by e-wallet to avoid arrest? No. Bail is posted with the court (or authorized channels under the Rules). Payment by text link is a hallmark of fraud.
If I voluntarily surrender after a text, does that “cure” defects? Voluntary surrender may be a mitigating circumstance at sentencing, but it does not validate an invalid warrant. Legality is judged independently.
One-page checklist
- Texts are not service of warrants.
- Arrest validity hinges on a judge-issued warrant and lawful execution, not prior SMS.
- Treat “warrant” texts as suspicious until verified.
- Never pay bail/fines via links.
- Coordinate through counsel for verification and, if needed, voluntary surrender and bail.
If you’d like, share (with sensitive details redacted) the exact text content and I can draft a verification script, a voluntary-surrender checklist, and a short assertion-of-rights card you can keep on your phone.