A practical legal article for recipients of subpoenas, summons, “invitation letters,” demand letters, and purported warrants.
1) Why this topic matters
In the Philippines, Estafa (fraud under the Revised Penal Code) and access device offenses (commonly credit card / debit card / “card-not-present” fraud and related conduct, often prosecuted under the Access Devices Regulation Act) are frequently cited in:
- legitimate criminal complaints filed with the Office of the City/Provincial Prosecutor, courts, or law-enforcement units; and
- scams designed to frighten people into paying “settlements,” handing over OTPs, or “appearing” at a dubious office.
Because the language and formatting of real legal notices can look intimidating—and scammers mimic that look—verification is essential.
2) Quick legal map: what “Estafa” and “Access Device” cases usually are
A. Estafa (Revised Penal Code, commonly Article 315)
“Estafa” is an umbrella term covering several fraud modes. In everyday cases, it commonly involves:
- Deceit (false pretenses) that induced another to part with money/property; or
- Abuse of confidence / misappropriation (money/property was received in trust, for administration, or on obligation to return, then converted or denied); or
- Fraudulent acts causing prejudice (depending on the mode).
Common fact patterns
- Online selling scams, investment/“pautang” schemes
- Failure to deliver after payment (fact-specific: not every failure to deliver is automatically estafa)
- Misuse of funds received “for a purpose”
- Issuance of checks sometimes overlaps with B.P. 22 (Bouncing Checks Law)—distinct from estafa, but often mentioned together
Key idea for notice verification: Estafa complaints typically begin at the Prosecutor’s Office (preliminary investigation) unless an arrest happened and an inquest applies.
B. Access Device violations (typically RA 8484 + sometimes cybercrime overlays)
The Access Devices Regulation Act (often associated with credit card and similar “access devices”) addresses conduct such as:
- unauthorized possession/use of another person’s card or card data,
- counterfeit/altered access devices,
- fraudulent transactions, skimming-type conduct,
- use of access device information without authority.
Because many transactions happen online, cases may also be framed with:
- Cybercrime Prevention Act concepts (e.g., computer-related fraud) when ICT is central; and/or
- other statutes depending on facts (identity-related conduct, illegal access, etc.).
Key idea for notice verification: Banks, e-wallet providers, and payment processors often trigger investigations; legitimate notices may come from law enforcement (PNP/NBI) or prosecutors, but the earliest contact may also be a bank’s fraud/collections/legal department or their counsel.
3) The “lifecycle” of a legitimate Philippine criminal case (so you know what notice to expect)
Stage 1: Complaint filing (usually at the Prosecutor’s Office)
Most estafa and access device cases start with:
- a Complaint-Affidavit (sworn statement) with attachments (receipts, chat logs, bank records, transaction traces, IDs, demand letters, etc.)
- filed with the Office of the City/Provincial Prosecutor for preliminary investigation (or “PI”).
Stage 2: Preliminary Investigation (PI)
If the prosecutor finds the complaint sufficient in form, the respondent is typically issued a SUBPOENA to submit:
- a Counter-Affidavit and evidence within a stated period (commonly 10 days, but practice varies),
- plus copies of the complaint and annexes.
This subpoena is one of the most common “real” notices you might receive in these cases.
Stage 3: Prosecutor’s resolution
After submissions, the prosecutor issues a Resolution:
- Dismissal (no probable cause), or
- Finding of probable cause and recommendation to file an Information in court.
Stage 4: Court filing and judicial determination
Once the case is in court:
- the judge conducts a probable cause evaluation; and
- the court may issue a warrant of arrest (or other processes) depending on rules and circumstances.
Stage 5: Arrest / bail / arraignment / trial
If a warrant exists, it is served by authorized officers; then bail (if bailable), arraignment, pre-trial, and trial follow.
Why this matters: A “warrant” is typically not the first legitimate document you receive. Many real cases begin with a prosecutor’s subpoena. Claims like “You have a warrant today—pay now to cancel it” are a classic red flag.
4) Types of “legal notices” you might receive—and what legitimacy looks like
A. Demand Letter (from a person, business, or lawyer)
What it is: A private letter demanding payment/return/settlement, often a precursor to filing a case.
Legitimacy indicators
- Letterhead of a real law office/company with verifiable address/landline
- Clear statement of facts: date, transaction, amount, demand, deadline
- No claims that a private lawyer can “issue a warrant” or “order arrest”
Important: A demand letter can be legitimate even if you disagree with the claim. It is not proof that a criminal case is already filed.
B. Barangay Summons / Katarungang Pambarangay notices
Some disputes go through barangay conciliation—but not all disputes are covered, and not all parties/places qualify.
Legitimacy indicators
- Barangay letterhead, signed by the proper barangay officials (Punong Barangay or Lupon/Secretary)
- Clear schedule for mediation/conciliation at the barangay hall
Red flag: Someone using “barangay summons” language for a matter that obviously involves strangers across jurisdictions and insisting you must pay immediately.
C. Invitation for interview (PNP/NBI or similar)
Law enforcement may send an “invitation” or request your presence for questioning.
Legitimacy indicators
- Issued by an identifiable office/unit (PNP station/unit, NBI division) with official address and trunkline
- Named investigating officer with rank/position
- Reference to a complaint, blotter entry, or case referral (not always, but often)
Safety note: “Invitation” is not the same as an arrest. You can (and usually should) consult counsel first and confirm authenticity before appearing.
D. Prosecutor’s SUBPOENA (Preliminary Investigation)
This is one of the most important documents to treat seriously.
Legitimacy indicators
- Comes from the Office of the City/Provincial Prosecutor
- Has an I.S. (Investigation Slip) number or case reference number
- Signed by an authorized prosecutor and/or properly issued by the office
- Often includes: copies of the complaint-affidavit and annexes, instructions for counter-affidavit submission, deadlines, and where to file
Common scam twist: A fake “subpoena” demanding payment instead of instructing you to submit a counter-affidavit.
E. Court SUMMONS / Notices
A Summons is more common in civil cases, but courts issue various notices. In criminal cases you’ll more often see orders/notices once a case is filed, and in some situations other processes may be served.
Legitimacy indicators
- Court name, branch, docket/case number, court seal
- Signed by the Clerk of Court (summons) or judge (orders)
- Served by an authorized sheriff/process server with proof/return of service
F. Warrant of Arrest
This is the most abused document in scams.
Legitimacy indicators
- Issued by a judge and tied to a specific court and case number
- Names the accused, offense, and is dated and signed by the judge
- Typically served physically by authorized officers
Major red flags
- “Warrant” sent by email/WhatsApp and asking for payment to “lift” it
- Threatening immediate arrest unless you pay through e-wallet/personal account
- Claims a private person/lawyer can cancel a warrant for a fee
5) A verification checklist you can actually use
Step 1: Identify what kind of notice it is
Ask: Is it a demand letter, barangay notice, police/NBI invitation, prosecutor subpoena, court notice, or warrant?
Step 2: Inspect the “hard identifiers”
Legitimate documents usually contain several of these:
- Full name of issuing office (e.g., Prosecutor’s Office, specific court and branch)
- Case/reference number (I.S. number for prosecutor PI; docket number for court)
- Date of issuance
- Names and designations of signatories
- Office address (not just a vague location)
- Instructions consistent with the type of document (e.g., counter-affidavit submission, appearance, production of documents)
Red flag: Lots of threats, little verifiable detail.
Step 3: Verify using independent contact details
Do not rely on phone numbers/emails printed on a suspicious notice if you can’t independently confirm them. Instead:
- Look up the official trunkline/address of the agency (Prosecutor’s Office, court, PNP/NBI office) through official channels you already trust, or in-person inquiry.
- Ask if the reference number and parties match an actual record.
Step 4: Confirm the service method makes sense
- A prosecutor’s subpoena may be served in various ways depending on office practice.
- A warrant is typically served through authorized officers, not as a “downloadable PDF” with payment instructions.
Step 5: Do not “settle” under panic
Scammers push urgency: “Pay now or we arrest you today.” A legitimate process usually emphasizes appearance, submission, and due process, not instant payment to a personal account.
Step 6: Preserve evidence immediately
Before you respond:
- save the notice (envelope, screenshots, message headers),
- compile transaction records, chats, receipts, delivery proofs, IDs used, bank transfer details,
- write a timeline while memories are fresh.
6) Practical “red flags” specific to Estafa and access device scam-notices
Estafa-themed red flags
- Threatening arrest “within 24 hours” unless you send money
- Claiming “the prosecutor has already issued a warrant” (prosecutors don’t issue warrants)
- Using criminal-sounding terms but describing a purely contractual dispute with no details
Access device-themed red flags
- Claims your “account is flagged for card fraud” and demands OTP/password to “clear your name”
- “Settlement” requests routed to personal e-wallets
- Unverifiable “cybercrime unit” names and generic signatures
7) If the notice turns out to be legitimate: what you should do next (Philippine context)
A. If it’s a Prosecutor’s subpoena
- Do not ignore the deadline. Non-response can lead to the case being resolved on the complainant’s evidence.
- Consult counsel for a counter-affidavit strategy: factual defenses, documentary defenses, jurisdiction/identity issues, payment/return, lack of deceit, lack of trust relationship, etc.
- If you need time, request an extension properly (practice varies by office).
B. If it’s a law-enforcement invitation
- Confirm authenticity first.
- Consider appearing with counsel.
- Be mindful of your rights: you are not required to incriminate yourself; don’t sign statements you don’t understand; request time to review.
C. If it’s a court process or warrant
- If a warrant exists, treat it seriously and consult counsel immediately about options (appearance through counsel where appropriate, bail if applicable, verifying case status with court).
- Avoid “fixers” claiming they can make it disappear for a fee—this is a common path into bigger trouble.
8) If it’s fake or questionable: safe responses that don’t make things worse
- Do not send IDs, selfies holding IDs, OTPs, passwords, or banking details.
- Do not pay “verification,” “clearance,” or “lift warrant” fees.
- Reply minimally (if at all): request the case number and issuing office; tell them you will verify directly with the agency.
- Keep records. If harassment escalates, consider reporting and preserving communications.
9) Frequently confused points (that scammers exploit)
“Can a private lawyer issue a subpoena or warrant?”
No. Subpoenas and warrants come from proper government authorities (prosecutors/courts within legal process). Private counsel can send demand letters.
“Does every unpaid obligation become Estafa?”
No. Many unpaid obligations are civil disputes. Estafa generally requires specific elements (e.g., deceit or misappropriation under particular modes). Whether facts meet those elements is case-specific.
“If I pay, will the case disappear?”
Sometimes parties settle, but criminal cases and their dismissal depend on legal grounds and procedure. Paying a stranger because they threatened you is a hallmark of scams.
10) What a “clean” legitimate notice usually contains (reference guide)
Prosecutor PI Subpoena (typical)
- Prosecutor’s office name and address
- I.S. number / case reference
- Parties (complainant vs respondent)
- Instruction to submit counter-affidavit + evidence
- Deadline and filing instructions
- Signature/authority indication
Court document (typical)
- Republic of the Philippines / court name / branch
- Case title and docket number
- Clear directive (appear, submit, etc.)
- Court seal / clerk/judge signature as appropriate
Warrant (typical)
- Court and branch
- Case number
- Name of accused
- Offense charged
- Judge signature and date
- Implemented by authorized officers
11) A short script you can use when verifying with an office (phone/in-person)
“Good day. I received a document claiming to be from your office regarding an alleged Estafa / Access Device case. I’d like to verify if the reference number [] and the names [] appear in your records, and what the correct procedure is for responding.”
(Use official contact channels you can independently verify.)
12) Final reminders
- Treat any document as potentially serious, but do not let fear override verification.
- In the Philippines, estafa/access device cases generally follow step-by-step due process—especially at the prosecutor level—before anything warrant-related occurs.
- If you have any risk exposure, get advice from a Philippine lawyer who can review the exact notice, attachments, and your factual timeline.
If you paste the text of the notice (remove personal details like full address, account numbers, and IDs), it’s possible to point out which parts look consistent with legitimate Philippine formats and which parts are typical scam markers.