Receiving notice of a warrant of arrest for Estafa (Criminal Deceit) under Article 315 of the Revised Penal Code is a serious legal development. In the Philippine justice system, this signifies that a judge has found probable cause to believe a crime was committed and that you are the likely perpetrator.
Immediate, calm, and strategic action is required to protect your liberty and your rights.
1. Verify the Validity of the Warrant
Not all "notices" are legitimate. Scammers often use fake warrants to extort money. A valid warrant must:
- Be issued by a Judge of a Regional Trial Court (RTC) or Metropolitan/Municipal Trial Court.
- Clearly state your name (or a "John Doe" description if the name is unknown).
- Specify the offense (Estafa).
- Bear the official seal of the court and the signature of the judge.
You can verify the existence of a warrant by having a lawyer check the court docket or by inquiring discreetly with the National Bureau of Investigation (NBI) or the Philippine National Police (PNP).
2. Understand the Nature of Estafa
Estafa is a "criminal" offense, not a mere civil debt. While it often involves money, the core of the charge is fraud, deceit, or abuse of confidence.
- Bailable vs. Non-Bailable: Under the updated laws (Republic Act No. 10951), the bail amount depends on the amount defrauded. If the amount is exceptionally high, or if it falls under "Syndicated Estafa" (involving five or more people), the offense may be non-bailable, meaning you could remain in detention throughout the trial.
3. Immediate Steps to Take
Secure Legal Counsel
Do not attempt to "explain your side" to the police without a lawyer. Anything you say can and will be used against you. A lawyer will:
- Evaluate if there are grounds to file a Motion to Quash the warrant (e.g., if the court lacks jurisdiction or the facts do not constitute an offense).
- Assist in the application for bail.
- Negotiate with the complainant for a possible settlement (which may lead to a dismissal via an Affidavit of Desistance).
Prepare for Bail (Posting a Bond)
If the offense is bailable, you should prepare the necessary requirements immediately:
- The Bail Amount: Set by the court based on the Department of Justice (DOJ) bail bond guide.
- Documentation: Recent 2x2 photos, clear copies of valid IDs, and proof of residency.
- Approval: Once the cash bond is paid or a surety bond is posted, the judge will issue an Order of Release and a Recall of Warrant of Arrest.
4. Dealing with the Arrest
If you are approached by law enforcement before you can voluntarily surrender:
- Remain Calm: Resistance can lead to additional charges like "Resistance and Disobedience to a Person in Authority."
- Exercise the Miranda Rights: You have the right to remain silent and the right to have competent and independent counsel.
- Request the Warrant: You have the right to see the warrant, though the officer does not need to have it in their physical possession at the exact moment of arrest as long as they inform you of its existence and the cause of arrest.
5. The "Voluntary Surrender" Strategy
In many cases, it is strategically better to "voluntarily surrender" to the court that issued the warrant rather than waiting to be arrested in public.
- Why? It demonstrates respect for the law and can be used as a mitigating circumstance to lower the penalty later.
- Process: Your lawyer coordinates with the court, you appear before the judge, post bail, and are processed (fingerprinted and photographed) without the trauma of a standard "pick-up" arrest.
6. Long-Term Legal Strategy
Once bail is secured, the case proceeds to Arraignment and Pre-Trial. Your defense might include:
- Lack of Deceit: Arguing that the matter is purely civil (a simple failure to pay a debt) rather than criminal fraud.
- Payment/Restitution: While paying the money back does not automatically erase the criminal liability, it often leads the complainant to lose interest in the case, potentially leading to a dismissal.
- Prescription: Arguing that the time limit for the government to file the case has already lapsed.
Summary of Rights and Obligations
| Action Item | Description |
|---|---|
| Right to Counsel | You must have a lawyer at every stage, especially during custodial investigation. |
| Right to Bail | Generally available unless the charge is Syndicated Estafa or the penalty is Reclusion Perpetua. |
| Duty to Appear | Once bail is posted, you are legally obligated to appear at all court hearings when required. |
| Confidentiality | Avoid posting about the case on social media, as this can be used as evidence of "flight" or intent. |