The Philippines has seen a persistent surge in scams involving fake criminal complaints for estafa (swindling and deceit under Article 315 of the Revised Penal Code). Victims receive text messages, emails, Messenger chats, Viber messages, or even mailed letters bearing fictitious case numbers, court seals, and signatures of prosecutors or judges, demanding immediate payment to “settle” the case or avoid arrest. These are almost always fraudulent schemes designed to extort money through fear and urgency.

This article exhaustively discusses the crime of estafa, the proper judicial process for such cases, the common patterns of these scams, the unmistakable red flags of fake notifications, and the precise, step-by-step actions any recipient must take to verify authenticity and protect themselves.

Nature of the Crime of Estafa

Estafa is defined and penalized under Articles 315 and 316 of the Revised Penal Code, as amended by Republic Act No. 10951. The most common forms used in these scams are:

Estafa through misappropriation or conversion (Art. 315, par. 1[b])
Estafa through false pretenses or fraudulent manifestations (Art. 315, par. 2[a])
Estafa through unfaithfulness or abuse of confidence (Art. 315, par. 3)

Estafa is a public crime. It may be prosecuted upon complaint of the offended party (private complainant), but the State is the real party-in-interest once the information is filed. There is no such thing as a “settlement” that extinguishes criminal liability by mere payment to a private individual or through GCash, Maya, bank transfer, or remittance centers after the case has reached the prosecutor or the court.

Proper Procedure in Estafa Cases

Filing of Complaint-Affidavit
The complainant files a Complaint-Affidavit with the Office of the City/Provincial Prosecutor (OCP/OPP) or directly with the Municipal Trial Court in areas without prosecutors under the Rule on Summary Procedure.
Preliminary Investigation (if penalty exceeds 4 years, 2 months, and 1 day)
- Respondent is furnished a copy of the complaint and supporting affidavits.
- Respondent is required to file a Counter-Affidavit within 10 days (extendible for justifiable reasons).
- A subpoena or subpoena duces tecum is issued by the prosecutor, bearing the official dry seal of the Department of Justice and the prosecutor’s signature.
Resolution
If probable cause is found, the prosecutor files an Information in court. If no probable cause, the case is dismissed.
Court Stage
Upon filing of the Information, the court issues a warrant of arrest (unless the accused voluntarily appears or posts bail) and later a summons or notice of arraignment.

At no point in this process can a prosecutor, judge, or court employee legally demand or accept money to “fix,” “hold,” or “dismiss” the case. Any such representation is either extortion (punishable under the Revised Penal Code) or qualified bribery.

Common Modus Operandi of the Scammers

Sending a “Subpoena” or “Resolution” via email, Viber, Messenger, or text with an attached PDF bearing DOJ or court letterhead.
Using case numbers that mimic real ones (e.g., NPS No. XV-01-INV-24L-12345 or I.S. No. 2024-12345).
Claiming the case was filed by a lending company, former employer, business partner, or even a complete stranger.
Threatening immediate arrest unless payment of ₱50,000–₱500,000 is made via GCash, Palawan, Cebuana, or bank deposit to a personal account.
Using names of real prosecutors or judges but with fake contact numbers or unofficial email addresses (Gmail, Yahoo, etc.).
Offering “settlement” through a supposed “accredited mediator” or “lawyer of the complainant.”

Red Flags That the Notification Is Fake

Received via unofficial channels (Messenger, Viber, text blast, Gmail, Yahoo).
Legitimate subpoenas from prosecutors are served by personal service or registered mail with return card. Court summons are served by court sheriffs or by registered mail.
Contains grammatical errors, wrong legal terminology, or obvious Photoshop artifacts (misaligned seals, inconsistent fonts, pixelated signatures).
Demands immediate payment to a private individual or mobile wallet.
Uses unofficial email domains.
DOJ/NPS emails end in @doj.gov.ph. Court emails end in @judiciary.gov.ph.
The case number format is incorrect or belongs to a different region.
Example: NPS docket numbers follow specific regional formats (e.g., Region IV-A cases start with IV-…).
The document threatens “immediate arrest” without bail even for bailable offenses.
Estafa is almost always bailable; recommended bail ranges from ₱6,000 to ₱240,000 depending on the amount involved (RA 10951).
The sender refuses to provide the complete name and PTR/IBP number of the supposed lawyer or refuses to meet in person at the prosecutor’s office.

Step-by-Step Verification Process

Do not reply, do not call the number in the message, and do not send money.
Check the exact name of the prosecutor or judge mentioned.
Go to www.doj.gov.ph or www.judiciary.gov.ph and verify if the person exists and is assigned to the indicated office.
Call the official landline of the prosecutor’s office or court.
- DOJ trunk line: (02) 8523-8481
- Supreme Court trunk line: (02) 8552-9500
- Never use the mobile number written in the fake subpoena.
Personally visit the Office of the City/Provincial Prosecutor indicated in the document.
Bring the document and ask the Records Section to check if the Investigation Slip (I.S.) number or NPS docket number exists. This is free and takes only minutes.
For court cases, visit the Office of the Clerk of Court of the Regional Trial Court or Municipal Trial Court stated in the document and inquire using the case number.
Alternatively, use the eCourt Public Access Portal (ecourt.judiciary.gov.ph) to search criminal cases (coverage is still expanding but most RTCs are now included).
If the document mentions a warrant of arrest, check with the court or with the PNP Criminal Investigation and Detection Group (CIDG) whether a real warrant exists under your name.
Consult a lawyer (PAO if indigent) for free verification and assistance.

What to Do If the Notification Is Fake

Preserve all evidence (screenshots, PDFs, messages, transaction receipts if any).
File a complaint for Alarming and Scandalous Messages or Cybercrime (RA 10175) with the PNP Anti-Cybercrime Group (ACG) hotline 723-0401 loc. 7491 or email acg@pnp.gov.ph.
File estafa through deceit and/or unjust vexation against the sender if identifiable.
Report the mobile numbers or GCash accounts to the NTC (ntc.gov.ph) or the BSP if bank accounts are involved.

What to Do If the Notification Is Genuine

Immediately secure the services of a lawyer.
File your Counter-Affidavit within the reglementary period.
Do not ignore the subpoena; contempt or issuance of warrant may follow.
Prepare for possible mediation during preliminary investigation (most prosecutors now require mediation before proceeding).

Preventive Measures

Never give out personal information or loan money online without proper documentation.
Register your number in the National Privacy Commission’s “Do Not Call” list if possible.
Be wary of “lendership” apps and online lending platforms that harvest contacts and use them for harassment.
Educate family members, especially the elderly, about these scams.

Conclusion

No legitimate prosecutor or judge will ever demand money through GCash or threaten you via text message. The judicial process in the Philippines is formal, documented, and conducted through official channels only. Any deviation from this process—especially the demand for immediate payment—is conclusive proof of fraud.

When in doubt, verify in person at the hall of justice. It costs nothing but a jeepney fare and will save you from losing tens or hundreds of thousands to criminals hiding behind fake subpoenas.