I. Overview: “Criminal Records” in Philippine Practice
In the Philippines, there is no single, universal public database that instantly shows a person’s entire criminal history. Instead, “checking criminal records” is typically done through a combination of:
- NBI Clearance (a nationwide “name-check” clearance commonly used for employment, travel, licensing, and transactions), and
- Court record verification (targeted checks in courts, prosecution offices, or specific case repositories, usually requiring identifying details and, in many situations, a legitimate purpose).
It’s important to understand that different institutions keep different records:
- Courts keep records of cases filed and their outcomes.
- Prosecution offices (e.g., Office of the City/Provincial Prosecutor) keep records of complaints and informations at the prosecution stage.
- Law enforcement keeps blotters and investigation records (not the same as convictions).
- NBI aggregates or matches names against records that may include criminal case entries and other derogatory records, but the clearance is not a guarantee that a person has never been involved in any case.
In practice, people rely on NBI Clearance for a broad initial screen, then use court verification when they need case-specific certainty.
II. NBI Clearance as a Criminal Record Check
A. What an NBI Clearance Is—and What It Is Not
NBI Clearance is an official document issued by the National Bureau of Investigation that generally reflects whether the applicant’s name matches entries in the NBI database.
- If there is no match, the clearance is typically released as “No Record” or with no derogatory annotation.
- If there is a match, the applicant gets a “HIT,” which triggers verification to determine whether the match is truly the applicant or a namesake.
What it indicates well
- It is commonly treated as a nationwide screening tool and is widely accepted by employers and government agencies.
Limitations
- It is fundamentally a name-based matching system, which can produce “HITs” due to common names.
- It may not capture every possible case entry nationwide with perfect completeness at all times.
- A “clear” result does not equal “never had a case,” and a “HIT” does not equal guilt or conviction.
B. Who Can Obtain It
As a rule, only the person concerned applies for and receives their NBI Clearance. Third parties generally cannot obtain another person’s NBI Clearance as a substitute for the applicant’s own request.
Practical implication: If you are an employer/landlord/business counterpart, the lawful and standard approach is to ask the person to provide a current NBI Clearance.
C. The “HIT” Process (Name Match / Possible Record)
A “HIT” means the NBI system found a possible match. The NBI then performs additional checks, which may involve:
- comparing personal data (birthdate, address history, etc.),
- internal record verification,
- potential clearance release at a later date once resolved.
Outcomes may include:
- Cleared after verification (namesake mismatch),
- Record confirmed (where the applicant’s identity corresponds to a record).
D. Reading the Result Properly
In Philippine practice, people sometimes misread NBI Clearance as a “certificate of good moral character.” Legally and practically, it should be treated as:
- a screening certificate based on NBI’s available records and matching protocols,
- not a judicial determination.
E. Validity and “Freshness”
NBI Clearance is often demanded as recent (commonly within months), not because the law sets one uniform period for all uses, but because institutions want an up-to-date screen. The acceptable “freshness” depends on the requesting agency’s policy (employment, licensing, travel, etc.).
III. Court Records as a Criminal Record Check
A. What Court Records Can Show
Court records can show whether a person:
- has a pending criminal case,
- has had a case dismissed,
- has a case resulting in conviction or acquittal,
- has warrants, orders, or other case incidents (depending on the case stage and court).
Court verification is more precise than NBI screening because it can be case-based (e.g., “Criminal Case No. ___”, “People v. ___”) and tied to a specific venue.
B. Key Concept: Venue Matters (Where to Look)
Unlike NBI’s broad screen, courts are organized by jurisdiction and location. You usually need to know where a case would have been filed.
For criminal cases, filings are generally based on:
- where the offense was committed, or
- where an element of the offense occurred, depending on the crime.
So a court check is often not “one-stop” unless you have:
- a case number, or
- reliable information about the place of filing.
C. Types of Courts Involved
Most criminal cases begin and proceed in:
- Metropolitan Trial Courts (MeTC), Municipal Trial Courts (MTC), Municipal Trial Courts in Cities (MTCC), or Municipal Circuit Trial Courts (MCTC) for many offenses within their jurisdiction; and/or
- Regional Trial Courts (RTC) for more serious offenses and those within RTC jurisdiction; and
- appellate courts (Court of Appeals / Supreme Court) for appeals.
Many people assume only the RTC is relevant; in reality, trial courts of first level often handle a significant volume of criminal cases.
D. Access to Court Records: Public Nature vs Practical Restrictions
Judicial proceedings are generally public, but access to the records is not always as simple as walking in and taking copies. Practical and legal constraints include:
Data privacy and safeguarding of sensitive information, especially for:
- minors,
- cases involving sexual offenses,
- adoption and family matters (not criminal, but relevant to record-handling),
- victims’ personal data and addresses.
Confidentiality orders or protective measures.
Clerk of Court protocols on who may request, what may be released, and fees.
General approach
- A person can request certified true copies or certifications regarding a case if they are a party or have proper authority.
- For non-parties, access may be limited to what is permitted by court rules and administrative guidelines, and the request may be denied or narrowed when privacy and security concerns apply.
E. What You Can Request from Courts
Depending on the court and the circumstances, you may request:
- Certified true copies of orders, decisions, or entries (often for parties or authorized representatives),
- Case status certification (e.g., whether a case exists under a particular name or case number—subject to court policy),
- Docket information (limited details) if available.
Courts typically charge legal fees for certifications and certified copies.
F. Practical Steps for a Court-Based Check
1. Identify the likely venue(s)
Gather:
- full name (including middle name),
- aliases (if known),
- date of birth (helpful for disambiguation),
- last known address / locations associated with alleged events,
- approximate time period.
2. Start with the most likely court level
If you suspect offenses commonly handled by first-level courts, begin there; for serious offenses, include RTC checks.
3. Ask for docket verification / index search
You may inquire whether there are cases matching the name within a date range. Expect that:
- very common names may require additional identifiers,
- results may be incomplete if the request is too broad,
- some courts may require a more specific query or basis.
4. Obtain case details if there is a match
If you locate a case, obtain:
- case number,
- title (People of the Philippines v. ___),
- branch and court,
- status and key orders (if accessible).
5. Secure certified copies if needed for legal use
For employment screening, institutions usually prefer the applicant’s NBI Clearance. For litigation or compliance, certified documents are often required.
IV. Relationship Between NBI Clearance and Court Records
A. Why They Can Differ
You may see a “clear” NBI result while a court case exists, or a “HIT” while no current case is pending. Reasons include:
- Timing and updates: court filings and resolutions may not appear immediately in other databases.
- Name variations: differences in spelling, middle names, suffixes, or aliases.
- Common names: “HIT” due to namesakes.
- Case stage: complaint-stage matters, dismissed complaints, or archived cases may not appear uniformly across systems.
- Jurisdictional fragmentation: a court record exists in a locality, but the person is screened elsewhere.
B. Best Practice: Use NBI for Screening, Courts for Confirmation
NBI Clearance is typically the first line for broad screening.
Court records are used to confirm and detail specific information—especially when:
- a “HIT” arises,
- you need proof of dismissal/acquittal/conviction,
- the matter is compliance-critical.
V. Special Situations and Common Misconceptions
A. Police Blotter vs Criminal Case vs Conviction
- Police blotter: a record that someone reported an incident; it does not mean a case was filed or that guilt exists.
- Criminal complaint (prosecutor stage): an allegation under evaluation.
- Criminal case in court: formal filing and litigation.
- Conviction: a judgment of guilt after due process (subject to appeals).
Conflating these can lead to unfair conclusions.
B. Dismissed Cases and Acquittals
A dismissed case or acquittal may still leave traces in:
- court dockets (as historical case entries),
- databases that record the existence of a case.
However, the existence of a prior case is legally different from a conviction. Many institutions require applicants to disclose pending cases, but policies on dismissed cases vary, and disclosures must not be used in a way that violates rights or anti-discrimination principles.
C. Warrants
A person may be subject to a warrant even if they are unaware, especially if summons or notices were not effectively received. Warrants are court-issued and appear in court records for the case.
D. Juvenile Justice Considerations
Cases involving children in conflict with the law have heightened confidentiality. Record access is restricted, and disclosure is controlled.
E. Name Changes, Aliases, and Errors
A person’s records may be fragmented across different name versions. For a meaningful check, ensure consistency:
- full legal name,
- correct middle name,
- known aliases,
- correct birthdate.
VI. Legal and Compliance Considerations When “Checking” Someone Else’s Records
A. Data Privacy Principles (Practical Compliance)
Even when records are public in some sense, using personal data for screening should follow core principles:
- Legitimate purpose: collect only what is needed for a lawful and specific purpose.
- Proportionality: avoid excessive or overly broad fishing expeditions.
- Accuracy: avoid acting on unverified matches (especially “HITs”).
- Security: safeguard copies and restrict internal access.
- Transparency: where appropriate, inform the person what is being requested and why.
For most private transactions, the cleanest approach is to request the person’s consent and self-provided documents (e.g., NBI Clearance), then verify only if necessary.
B. Avoiding Defamation and Unfair Labeling
Stating or implying that someone is a criminal based on:
- a “HIT,”
- a blotter entry,
- an unverified docket match, can expose the user to legal risk (civil and potentially criminal liability), especially if communicated to third parties.
The legally safer practice is:
- treat findings as allegations or entries unless supported by final judgments,
- rely on certified court documents for definitive outcomes.
VII. Practical “How-To” Paths
Path 1: Individual Checking Their Own Record (Most Common)
Apply for NBI Clearance.
If “HIT,” comply with NBI verification.
If you know of a specific case or rumor, check the relevant court:
- request case status,
- obtain certified orders/decisions if needed.
Path 2: Employer / Contracting Party Screening (Standard Practice)
Require the applicant to submit a recent NBI Clearance.
If the applicant reports a “HIT” or you need deeper verification:
- ask for court documents (e.g., dismissal order, acquittal decision),
- verify authenticity through the issuing court (where permissible).
Path 3: Verifying a Known Case
If you already have:
- case number, court branch, or location:
- Go directly to the Clerk of Court of the issuing court.
- Request certification and/or certified true copies as allowed.
VIII. Key Takeaways
- NBI Clearance is the Philippines’ most widely used nationwide screening tool, but it is primarily a name-match system and not a full judicial history report.
- Court records provide the most accurate confirmation of actual cases and outcomes, but checks are venue-specific and access can be limited by privacy safeguards and court protocols.
- For third-party screening, the usual and compliant approach is to ask the person to provide their NBI Clearance and, when needed, supporting court documents rather than trying to obtain private data independently.
- Always distinguish between allegations, pending cases, dismissals/acquittals, and convictions to avoid legal and ethical errors.