Dear Attorney,

I received an email stating that there is an arrest warrant against me. I’m worried because it was only sent to me via email, and I have not received any formal notice or document from the authorities. Is it possible to receive a legitimate arrest warrant through email, or could this be a scam? What should I do if I am uncertain about the authenticity of the warrant?

Concerned Citizen

Insights

Understanding Arrest Warrants in the Philippines

An arrest warrant is a formal written order issued by a judge, directing law enforcement officers to arrest a specific person for a crime. The power to issue arrest warrants lies strictly with judges under Philippine law, and certain procedures must be followed to ensure the legality of the arrest.

The arrest warrant must be based on probable cause determined personally by the judge after evaluating the evidence presented. This evidence is usually from a prosecutor’s complaint or a law enforcement agency, which conducts the preliminary investigation.

Process for Issuing an Arrest Warrant

In the Philippines, the issuance of an arrest warrant follows a set process:

Filing of Complaint: A criminal complaint is filed by the offended party, a law enforcement officer, or a prosecutor.
Preliminary Investigation: The prosecutor evaluates whether there is probable cause. This includes reviewing statements, affidavits, and evidence from both the complainant and the respondent.
Filing of Information: If the prosecutor finds probable cause, they file an "Information" with the court, indicating that a crime has likely been committed and identifying the accused.
Judicial Determination of Probable Cause: A judge reviews the information, along with any supporting documents, to determine if there is enough evidence to issue an arrest warrant. The judge must personally assess the evidence, and this cannot be delegated to court clerks.
Issuance of Arrest Warrant: If the judge finds probable cause, they issue an arrest warrant. The warrant contains the name of the accused, the crime charged, and a command to law enforcement officers to arrest the individual.

How Arrest Warrants Are Delivered

Once an arrest warrant is issued, it is usually served by law enforcement officers who have the legal duty to apprehend the person named in the warrant. Importantly, arrest warrants are not served through email. The proper and legal way of serving an arrest warrant is through personal service by law enforcement officers. They must deliver the warrant in person to the accused or attempt to arrest them.

In certain cases, individuals may be informed of an arrest warrant through their legal counsel, but this does not replace the formal process of serving the warrant by authorities.

Arrest Without a Warrant

Philippine law also allows for warrantless arrests under specific conditions, such as:

In flagrante delicto: When a person is caught in the act of committing a crime.
Hot Pursuit: When a person is pursued immediately after committing a crime.
Escapee: When a person escapes from prison or detention.

Outside these conditions, an arrest without a warrant is generally illegal.

Scams and Fraudulent Warrants

There has been an increase in fraudulent schemes, including phishing emails, where scammers falsely claim that there is an arrest warrant against a person. In these situations, they often ask for personal information or payment to resolve the alleged legal issue. It is critical to understand that legitimate arrest warrants are not served via email or text messages in the Philippines.

If you receive an email or message stating that you have an arrest warrant but have not been formally contacted by the police or the courts, there is a high likelihood that the message is a scam. Here are steps you can take to verify the authenticity:

Check the Court Records: You may visit the court or call the relevant judicial office where the supposed case was filed to check if there is a warrant issued against you.
Contact Legal Counsel: Immediately reach out to a lawyer who can verify the status of any cases or warrants in your name.
Do Not Respond to the Email: Scammers often use fear to provoke a quick response. Never provide any personal information, payment, or click on suspicious links.

Remedies If a Warrant Is Issued

If a legitimate arrest warrant has been issued, here are the steps you can take:

Voluntary Surrender: If you are aware of a warrant against you, it is advisable to voluntarily surrender to the court or authorities with your legal counsel. This shows good faith and may influence how the court views your case.
Posting Bail: In non-capital offenses, you may post bail to avoid detention while the case is pending. Bail allows you to temporarily regain your freedom as the trial proceeds.
Quashing the Warrant: A motion to quash may be filed if the warrant was improperly issued. For instance, if the judge did not personally evaluate probable cause or if the warrant contains errors, your lawyer can request to quash the warrant.

Conclusion

Receiving an arrest warrant is a serious legal matter, and it is essential to understand your rights under the law. The proper service of an arrest warrant is carried out by law enforcement officers, not through email. Therefore, if you receive an email claiming that there is an arrest warrant against you, it is likely fraudulent. Always verify any legal claims with the appropriate court or through your lawyer. If a valid arrest warrant exists, taking immediate legal action and cooperating with authorities can significantly impact how your case is handled.

To avoid falling victim to scams and protect your legal rights, consult with a lawyer as soon as possible when facing such concerns.