VERIFYING THE “ESTAFA ARREST-WARRANT” TEXT SCAM
A Philippine Legal Primer (2025)
1. Why this scam thrives
Since 2022 Filipino mobile users have reported a steady stream of SMS or chat messages claiming:
“You have an **Arrest Warrant for ESTAFA issued by RTC Branch XX. Settle ₱___ via GCash or you will be picked up within 24 hours.”
The sender may style itself as “PNP-CIDG Warrant Section,” “NBI Legal Division,” “Clerk of Court Online” or something similar. The goal is simple extortion; no real warrant exists.
2. What real estafa looks like
| Governing Law | Key Elements | Penalty (basic) | |
|---|---|---|---|
| Estafa | Art. 315, Revised Penal Code | (a) deceit; (b) damage or prejudice; (c) causal link between them | prision correccional → prision mayor* (amount-based) |
| Cyber-Estafa | Art. 315 RPC as amended by R.A. 10951 and §6 R.A. 10175 (Cybercrime Act) | Same elements, plus use of ICT | penalty one degree higher than traditional estafa |
* Ranges from 6 months + 1 day to 20 years, depending on amount defrauded.
3. How a legitimate arrest warrant is produced
- Complaint / Information – Filed by the prosecutor after inquest or preliminary investigation (Rule 110, Rules of Criminal Procedure).
- Judicial determination of probable cause – The judge personally evaluates the record (Art. III §2, 1987 Constitution; People v. Doria, G.R. No. 125299, Jan 22 1999).
- Issuance & Service – Warrant (Form 28-A) is signed by the judge, states the exact charge, docket number, date, and the accused’s name or known aliases. It is served in person by police officers who must show official ID and the original warrant (Rule 113 §7).
No Philippine court, prosecutor, or law-enforcement unit sends arrest warrants by text, email, Facebook, or Viber.
4. Red-flag anatomy of the scam text
| Claim in the Text | Legal / Procedural Reality |
|---|---|
| “Warrant issued today—pay now to recall.” | Judges cannot “recall” by payment; only court order following a motion/quashal or posting of court-approved bail. |
| “Case No. N/A or blurred screenshot.” | All criminal cases have an RTC/MTCC docket (e.g., Criminal Case No. 23-12345). |
| “Send bail/settlement via GCash/PayMaya.” | Bail is posted in court or with the police with an official OR (Rule 114). Electronic wallets are not used. |
| “We’ll come to arrest you tonight.” | Arrests may occur anytime but officers must have real warrants or be acting under warrantless exceptions. Threatening countdowns are intimidation tactics. |
5. Applicable criminal liabilities of the scammer
- Estafa / Swindling – Art. 315 ¶2(a): fraudulent pretenses to secure money.
- Cyber-Estafa – §6 R.A. 10175: one degree higher, because deception is via ICT.
- Computer-related Identity Theft – §4(b)(3) R.A. 10175 for impersonating a public officer.
- Falsification of Documents – Art. 171(2) & (6) RPC for forging a court document screenshot.
- Unlawful Use of Means of Publication & Unlawful Utterances – Art. 154 RPC if mass-texted.
- Violations of the SIM Registration Act (R.A. 11934) – false registration data, §11 & §12.
6. How to verify a claim—step-by-step
| Step | What to Do | Where / How |
|---|---|---|
| 1 | Stay calm & keep evidence | Screenshot the entire conversation, note the number/time. |
| 2 | Search for a docket | If a docket number is given, call the Office of the Clerk of Court (OCC) of the named RTC/MTCC. Phone lists are on the Supreme Court’s judiciary.gov.ph site or visible on courthouse posters. |
| 3 | Check with law enforcement | a. PNP-CIDG Warrant Section hotline (open to public). b. NBI Information & Communication Technology Division (ICTD) verification desk. Provide your full name and date of birth; they can tell you if you are on their Warrant of Arrest Database. |
| 4 | NBI Clearance | The standard clearance will immediately flag any outstanding warrant. |
| 5 | Ask the prosecutor’s office | Prosecutor-issued “Certification on Pending Cases” confirms if an Information naming you exists. |
| 6 | Consult counsel | For any positive hit, a lawyer can request the complete records and, if needed, file a Motion to Quash or to Fix Bail. |
7. What not to do
- Do not send any money, “processing fee,” or e-wallet transfer.
- Do not click shortened links (often lead to phishing sites).
- Do not provide personal data like your birthday, bank details, or one-time passwords.
- Do not meet “agents” in coffee shops or parking lots—you risk kidnapping/extortion.
8. Reporting & remedies
| Agency / Unit | Jurisdiction | Typical Action |
|---|---|---|
| PNP Anti-Cybercrime Group (ACG) | nationwide cyber fraud | entrapment, digital forensics, filing complaints before DOJ |
| NBI Cybercrime Division | high-profile, interstate cases | case build-up, inquest, cross-border coordination |
| National Telecommunications Commission (NTC) | telco regulation | immediate blocking of numbers/websites, administrative fines against telcos |
| Department of Trade & Industry (DTI) | consumer scams | cease-and-desist orders, blacklisting |
| Bank/e-wallet (GCash, Maya) | AML compliance | account freeze, KYC investigation |
Victims may file a Sworn Complaint-Affidavit attaching screenshots, receipts, and IDs. Monetary losses can be recovered via restitution upon conviction, or through a separate civil action ex delicto (Art. 104, RPC).
9. Government counter-measures (2022-2025 snapshot)
- Sim Registration Act (R.A. 11934) – mandatory identity-verified SIM cards; telcos must deactivate numbers without proper IDs.
- NTC Memorandum 005-2022 – prohibits SMS with clickable links from “blast senders.”
- PNP-DNS “e-Warrant” System – digital, judge-signed PDF warrants accessible only on a secured intranet, never disseminated via SMS.
- Supreme Court A.M. 21-06-08-SC (Rules on Warrant of Arrest Data-Sharing) – streamlines real-time database for law enforcement yet maintains judicial control.
10. Frequently asked questions
| Question | Short Answer |
|---|---|
| “Can a warrant be issued without my knowledge?” | Yes, after preliminary investigation you may be indicted in absentia. You will still be served personally; no legal service by text. |
| “What if the scammer has my name, birthday, and address?” | Data likely scraped from previous data leaks. You are not presumed guilty; only a judge determines probable cause. |
| “Does ignoring the text put me in contempt?” | No. Contempt applies only to disobedience of lawful court processes actually served on you. |
11. Key takeaways
- Real warrants come from courts, not phones.
- Verification channels: OCC, PNP-CIDG, NBI, NBI Clearance.
- Scammers face stiffer penalties under cyber-estafa and identity-theft provisions.
- Preserve digital evidence and report swiftly to ACG/NBI and NTC for number blocking.
- Never pay or disclose personal data to unsolicited senders.
This article is for informational purposes and does not substitute for independent legal advice. If you suspect you are the target of a scam or the subject of a genuine criminal case, consult a Philippine lawyer immediately.