What to Do When Served a Seizure Order in an Estafa Case (Philippine Context)

This is general information, not a substitute for advice from your own lawyer.

Snapshot: Why property gets “seized” in estafa matters

“Estafa” (swindling) is punished under Article 315 of the Revised Penal Code (RPC). When an estafa complaint or case is filed, the State or private complainant may ask the court (or, in specific cases, the Anti-Money Laundering Council through the Court of Appeals) for measures to secure assets believed to be connected with the crime or needed to satisfy potential civil liability. That is where “seizure” comes in.

In practice, people use “seizure order” loosely. In Philippine procedure, it usually falls into one of these:

Search Warrant (Rule 126, Rules of Court) – authorizes law enforcers to search a place and seize particular items (documents, devices, money) relevant to the estafa investigation/prosecution.
Writ of Preliminary Attachment (Rule 57; via Rule 127 in criminal cases) – freezes/levies your property to secure payment of the civil liability arising from estafa; can be issued in the criminal case (with the civil aspect deemed instituted) or a separate civil case.
Freeze Order / Asset Preservation Order under the AMLA (R.A. 9160, as amended) – the Court of Appeals, upon AMLC application, freezes bank accounts or assets suspected to be proceeds of an unlawful activity. Estafa may qualify depending on the facts and amendments; banks and covered institutions must immediately comply.
Garnishment/Levy after judgment – not a pre-judgment “seizure,” but relevant if a conviction or judgment awards civil damages.

Each remedy has different bases, scope, timelines, and defenses. Your immediate actions depend on which one you received.

First 10 minutes: universal steps

Stay calm and read the document end-to-end. Confirm the issuing authority (which court/Judge or Court of Appeals for freeze orders), case number, parties, and specific relief granted.
Verify identities. Ask serving officers for IDs and copies of the order/warrant. Note names, ranks, and agency.
Call your lawyer immediately. If you don’t have one, call a duty counsel or law office. Put the phone on speaker so counsel can advise in real time.
Do not obstruct. You may assert rights without physically preventing execution.
Document everything. Politely video the service (where lawful), list items taken, and ask for an inventory/receipt before they leave. Get contact details of witnesses and officers.

If it’s a Search Warrant (Rule 126)

What officers must show/do

The warrant must state the exact address to be searched, specific items to be seized, the issuing court/judge, date, and be supported by probable cause personally determined by the judge.
Service is generally daytime unless the warrant authorizes nighttime execution.
Officers must confine the search to the places and seize only the items particularly described (no fishing expeditions).
They must provide an inventory of seized items, typically in the presence of the lawful occupant or representative and, where practicable, local officials.

Your rights, on the spot

Ask to see the original warrant and read it. You can object to scope (e.g., “that drawer isn’t in the room listed,” “that item isn’t on the list”), but don’t interfere physically.
Private/privileged materials (e.g., communications with your lawyer) are specially protected; flag them.
For digital devices, officers should handle forensic imaging and chain-of-custody properly; you can request hash values or references for later verification.

After service: legal remedies

Motion to Suppress/Exclude illegally seized evidence due to defects (lack of probable cause, generality, wrong address, overbreadth, irregular service).
Motion to Return Property not covered by the warrant or not contraband.
Administrative/criminal action for abusive conduct (only after consulting counsel).

If it’s a Writ of Preliminary Attachment (Rule 57; via Rule 127 in criminal cases)

What it is

A pre-judgment lien on property—real or personal—so that if you are found civilly liable for estafa (actual, moral, exemplary damages, etc.), there is property to satisfy the judgment. The court issues it upon affidavit and bond from the applicant showing grounds (e.g., fraud, intent to defraud creditors, non-residence, concealment/removal of property).

How it’s enforced

Sheriff/levying officer identifies and levies on property (bank accounts via garnishment; vehicles; real property via annotation). You should receive notices (e.g., of garnishment) and an inventory.

Immediate actions

Check sufficiency: Was the case validly filed? Is the attachment bond posted? Are the grounds alleged and supported? Is the amount excessive?
Identify exempt property (e.g., tools of trade up to certain limits, some personal items). Family home exemptions are nuanced—ask counsel.
Avoid prejudicial transfers. Do not hide or dispose of assets; this can worsen matters.

Remedies

Motion to Discharge/Lift Attachment (Rule 57, Sec. 12) by filing a counter-bond equal to the attachment amount, or by proving impropriety or irregularity (defective affidavit, lack of factual grounds, excessiveness).
Third-Party Claim (Terceria) if levied property belongs to someone else (e.g., spouse’s exclusive property, corporate property).
Partial lifting for excessive attachment or to free essential assets (e.g., payroll funds).
Appeal/certiorari for grave abuse of discretion, as advised by counsel.

If it’s an AMLC Freeze Order / Asset Preservation (AMLA)

What it is

An ex parte order from the Court of Appeals freezing assets (typically bank/e-money accounts, investments, real property) suspected to be proceeds of an unlawful activity. Covered institutions must immediately freeze; you cannot withdraw or transfer.

Immediate actions

Get a certified copy of the order and note the duration (freeze orders are time-bound and extendable; APOs may have different procedural contours).
Map all affected accounts/assets and notify relevant institutions for proper tagging and documentation.
Gather provenance documents (source-of-funds, contracts, invoices, tax returns) to show funds/assets are legitimate/unrelated to the alleged estafa.

Remedies

Motion to Lift/Modify the freeze order/APO, showing lack of probable cause or that funds are untainted (e.g., salaries, loans, segregated client funds).
Partial lifting for living expenses, payroll, taxes, or medical needs—courts may allow carve-outs upon sufficient proof.
Challenge forfeiture if proceedings move toward civil/criminal forfeiture.

Decision Tree: What you likely received & what to do

Officers want to enter and look for documents/devices? → Search Warrant: assert scope limits; document; later file motion to suppress/return.
Sheriff levies bank accounts or annotates title? → Preliminary Attachment: consider counter-bond and motion to discharge; check exemptions/ownership.
Bank suddenly froze your funds citing a CA order? → AMLC Freeze/APO: prepare source-of-funds proof; move to lift/modify; request humanitarian carve-outs.

Strategic defense & damage control

Engage counsel early. Estafa blends criminal exposure with civil liability; your strategy should cover bail, evidence, and asset protection simultaneously.
Preserve favorable evidence. Contracts, emails, chats, delivery receipts, accounting ledgers, bank records, and proof of good faith (e.g., partial payments, remedial offers) matter.
Avoid public statements. Anything you say may be used against you; route communications through counsel.
Mind digital risk. Use legal holds; avoid deleting data. Spoliation can hurt credibility and remedies.
Consider settlement channels. In some estafa situations, full restitution can influence prosecutorial/court discretion (without guaranteeing dismissal). Work through counsel to avoid admissions.
Asset mapping. List which assets are: (a) personally owned; (b) conjugal/exclusive; (c) corporate (distinct juridical person). Ownership clarity strengthens terceria or exemption claims.
Tax and regulatory angles. Large transfers may flag BIR/AML issues; consistent documentation helps both defense and lifting motions.
Insurance/indemnities. Check if any professional indemnity or fidelity policies apply; notify carriers promptly per policy conditions.

Technical checkpoints (for your lawyer)

Search Warrant validity: particularity; probable cause; issuing court’s territorial jurisdiction at issuance; day/night service rules; inventory and chain of custody, especially for digital evidence.
Attachment prerequisites: verified affidavit stating specific grounds; applicant’s bond; amount proportionality; prior or contemporaneous service of summons (with recognized exceptions); due process in levy/garnishment.
AMLA freezes/APOs: proper ex parte procedure; duration limits; standards for probable cause; room for humanitarian allowances; interplay with any ongoing estafa case.
Rule 127: provisional remedies apply in criminal actions for the civil aspect—ensure the court correctly anchored the attachment to the civil claim.
Ownership/exemptions: marital property regimes (absolute community, conjugal partnership, separation of property), third-party rights, and exempt properties under the Rules of Court and civil law.

Practical checklists

When served (handy list)

☐ Get and read the order/warrant; photograph it.
☐ Verify identities; note names/agencies/time.
☐ Call counsel on speaker.
☐ Do not obstruct; assert scope calmly.
☐ Record and request inventory/receipt.
☐ Secure copies of all documents before officers leave.

Within 48–72 hours

☐ Meet counsel; timeline your facts.
☐ Compile evidence (contracts, payments, chats).
☐ Asset map and identify third-party/exempt properties.
☐ Decide on counter-bond and motions (lift discharge, suppress, return).
☐ For AMLA freezes: assemble source-of-funds proofs; evaluate carve-out requests.

FAQs

Q: Can I refuse entry if I believe the search warrant is defective? A: You may object and place your objections on record, but do not physically bar entry if they insist under color of a court order. Preserve objections for your motion to suppress.

Q: My payroll account was garnished—can I free it? A: You can seek partial lifting by showing the funds are earmarked for salaries or essential operations and that the attachment is excessive or improper.

Q: A seized device contains privileged/legal files. A: Flag privilege immediately; ask for segregation protocols and ensure any review uses taint teams or court-supervised filtering.

Q: If I post a counter-bond, is the case over? A: No. A counter-bond can discharge the attachment, but the criminal/civil case continues on the merits.

Bottom line

Identify which order you are dealing with (search warrant, preliminary attachment, AMLA freeze/APO).
Cooperate at service but assert rights and document everything.
Move quickly with counsel on remedies tailored to the specific order: suppress/return (search), lift/discharge or counter-bond (attachment), or lift/modify with carve-outs (AMLA).
Build a parallel evidence and asset-protection strategy that addresses both criminal exposure and civil liability under Philippine law.

If you want, I can turn this into a one-page checklist or a template motion outline (suppression, discharge, or lifting) tailored to your situation.