What to Do with “Wrongful Arrest Warrant” SMS in the Philippines
A practical legal guide for ordinary citizens, lawyers, and law‑enforcement officers
1. Why an arrest warrant cannot lawfully be served by text
| Key rule | Source | Practical meaning |
|---|---|---|
| An arrest warrant must be personally served by the arresting officer. | Art. III §2, 1987 Constitution; Rule 113, Rules of Criminal Procedure | No police officer may simply “notify” you; they must show you the warrant and take you into custody. |
| The warrant must bear the judge’s signature, state the exact offense, and specifically name the accused. | Rule 126 §6 (search warrants, applied by analogy); SC Admin. Circular No. 12‑94 | A text message cannot satisfy these formalities. |
| Electronic service is allowed only for judicial notices, subpoenas, or pleadings if the court expressly orders it. | A.M. No. 19‑10‑20‑SC (Efficient Use of Paper Rule); A.M. No. 22‑11‑12‑SC (videoconferencing) | Arrest warrants are not among the papers that courts may send by SMS or e‑mail. |
Bottom line: Any text message claiming, “You have an outstanding arrest warrant,” is presumptively illegitimate—usually a phishing or extortion scheme.
2. First 24‑hour checklist on receiving such a text
Stay calm & avoid knee‑jerk compliance. • Do not click links or call the number provided. • Do not send personal data, photos of IDs, or mobile money.
Document the message. • Take screenshots showing the full text, date, time, and sender ID. • Note any links, phone numbers, or payment instructions.
Verify through official channels. • Court: Call the clerk of court of the nearest Regional Trial Court (RTC) where you reside or where the alleged case is filed. They can confirm if a docket exists with your name. • Police/NBI: Phone or visit the local PNP station or NBI Clearance Center; supply them your full name and date of birth for a database check. • Lawyer: If you have counsel on record in any pending case, inform them immediately.
Report the incident. • PNP Anti‑Cybercrime Group (ACG): (02) 8414‑1560; acg@pnp.gov.ph • NBI Cybercrime Division: (02) 8523‑8231 local 3454; ccd@nbi.gov.ph • DICT‑CICC (Cybercrime Investigation & Coordinating Center): report@cicc.gov.ph • NTC Consumer Complaints (for SIM‑related issues): send an e‑mail with screenshots to consumer@ntc.gov.ph.
3. Applicable criminal laws against the senders
| Offense | Statute & section | Elements triggered by a “fake warrant” SMS |
|---|---|---|
| Computer‑related identity theft | RA 10175 §4(b)(3) | Misusing someone else’s identity (often posing as a judge or police officer). |
| Computer‑related fraud (swindling/extortion) | RA 10175 §4(b)(2) | Sending messages to obtain money/data by deceit. |
| Use of fictitious name / concealing true name | Art. 178, Revised Penal Code | Pretending to be a public officer. |
| Unjust vexation | Art. 287, RPC | Causing annoyance without legitimate purpose (often added when threats are mild). |
| Violation of the SIM Registration Act | RA 11934 §10 | Using unregistered/false info to send the SMS. |
Penalties for cyber‑fraud under RA 10175 can reach 12 years’ imprisonment plus fines up to ₱1 million, and are one degree higher than their offline equivalents.
4. Civil and administrative remedies
Damages for abuse of rights / privacy • Civil Code arts. 19‑20 & 26: Sue for moral, exemplary, and nominal damages. • Data Privacy Act (RA 10173): File a complaint with the NPC if personal data was unlawfully processed.
SIM blocking • After reporting, the NTC can direct telcos to deactivate the sender’s number. Keep your ticket number for follow‑up.
Protective legal actions • Affidavit of Denial & Demand to Cease: Your lawyer may send this to the sender (if identifiable) and their carrier. • Petition for Writ of Amparo/Habeas Data: Rare, but available if threats escalate or surveillance is involved.
5. What if there is a real warrant lurking?
While courts do not serve warrants by SMS, it is possible that:
- a genuine warrant exists from another region; or
- you are namesake of an accused.
Immediate steps:
| Scenario | Action |
|---|---|
| Warrant for a bailable offense | Go to the issuing court with counsel, post bail, and ask for recall/clarification. |
| Warrant issued outside your province | Request the court for voluntary surrender and remote bail approval (allowed under A.M. No. 21‑06‑08‑SC). |
| Wrong identity (namesake) | File a Motion to Recall/Quash Warrant with proof of identity; request DOJ reinvestigation if needed. |
| Warrant already enforced (you were arrested) | Invoke your rights: remain silent, demand counsel, request inquest within 36 hours (Art. 125, RPC). |
6. Practical tips for future prevention
- Activate spam filters on your phone (both iOS & Android have “Filter unknown senders”).
- Register your SIM accurately to help telcos trace spoofers.
- Educate family & staff, especially elders or helpers, about these scams.
- Set up Google Alerts or subscribe to e‑Courts (if you are a party to ongoing litigation) so you hear directly from the judiciary.
- Follow verified social‑media pages of the Supreme Court, PNP‑ACG, and NBI for scam advisories.
7. Frequently asked questions
| Question | Short answer |
|---|---|
| Can police text me first before arresting me? | No. If they know where you are, Rule 113 allows immediate arrest—not a text warning. |
| Is a “blue check” Viber or Messenger account proof that the sender is the PNP? | No. Verify through official hotlines or .gov.ph e‑mails. |
| The SMS shows real case numbers—should I worry? | Scammers scrape public dockets. Treat it as suspicious until confirmed by the court clerk. |
| I ignorantly paid “bail” through GCash—what now? | Report to PNP‑ACG and file an estafa complaint; request GCash to freeze the recipient wallet under BSP rules. |
Final reminders
- Know your rights. Article III of the Constitution protects against unreasonable searches and arrests.
- Keep evidence. Screenshots, call logs, and receipts are vital for prosecution.
- Seek counsel early. A 15‑minute consultation can save you from costly mistakes.
- This article is informational, not a substitute for tailored legal advice. Consult a Philippine lawyer for your specific situation.
Stay skeptical, stay safe. The law presumes official acts are regular—but it also presumes people do not text you your arrest warrant.