I. Introduction

Police clearance is one of the most commonly required documents in the Philippines. It is often requested for employment, business permits, government transactions, local licensing, identification, and other administrative purposes. A common concern is whether a person can still obtain a police clearance if they have a pending criminal case, a complaint under investigation, a warrant, a prior arrest, or a derogatory record.

The short answer is: possibly yes, but it depends on what kind of pending case or record exists, how it appears in police databases, and what the requesting office means by “clearance.”

A pending case does not always mean that a person is automatically barred from obtaining police clearance. But it may result in a hit, notation, verification requirement, temporary hold, or denial depending on the record. The person may be asked to submit court documents, prosecutor’s certification, clearance from the court, dismissal order, or proof that the case is not the same person.

Police clearance is not the same as a court judgment. It is also not the same as a declaration of guilt or innocence. A person with a pending case remains presumed innocent until proven guilty by final judgment. However, police clearance systems are designed to check whether a person has a record relevant to law enforcement, pending charges, warrants, or derogatory information.

II. What Is a Police Clearance?

Police clearance is a document issued by the police certifying whether the applicant has a derogatory record in police databases or local police records, depending on the type of clearance requested.

In practice, police clearance may be used to show that the person has no recorded criminal case, police record, warrant, or derogatory entry in the relevant system checked by the issuing office.

Police clearance may be required for:

Employment;
Local job applications;
Government transactions;
Business permits;
Firearm-related applications;
Security guard licensing;
Visa or immigration support documents, although NBI clearance is more commonly required;
Barangay or municipal requirements;
Local permits;
Identity verification.

Police clearance is different from a certificate of good moral character. It is also different from a court clearance. It is mainly a law enforcement record check.

III. National Police Clearance vs. Local Police Clearance

In the Philippines, applicants may encounter different kinds of police clearance.

A. National Police Clearance

The National Police Clearance system checks records through a centralized police database. It is commonly processed online with personal appearance, biometric capture, and verification at a selected police station.

Because it uses a broader database, a national police clearance may detect records outside the applicant’s city or municipality.

B. Local Police Clearance

A local police clearance is usually issued by the police station of a city or municipality. It may rely primarily on local police records.

Some local offices issue clearance for local purposes, such as business permits, employment within the area, or municipal requirements.

C. Why the distinction matters

A person may receive a local police clearance but still get a hit in the national system or in NBI clearance. Conversely, a local dispute recorded in one police station may not always appear in a broader system immediately.

For serious matters, employers, agencies, or immigration offices may require NBI clearance, court clearance, or prosecutor’s certification in addition to police clearance.

IV. Police Clearance vs. NBI Clearance

Police clearance and NBI clearance are often confused.

A. Police Clearance

Police clearance is issued by the Philippine National Police through local or national clearance systems. It generally checks police-related records.

B. NBI Clearance

NBI clearance is issued by the National Bureau of Investigation. It checks records in the NBI system and is commonly required for employment, travel, immigration, professional licensing, and other formal purposes.

C. A pending case may appear differently

A pending case may produce a “hit” in one system but not another. This depends on whether the record was encoded, transmitted, matched by name, or linked to the applicant’s biometrics.

D. Both are not court judgments

A police clearance or NBI clearance does not determine guilt. A “hit” usually means there is a record requiring verification, not automatic conviction.

V. What Is a Pending Case?

A “pending case” can mean different things. The effect on police clearance depends on the stage and nature of the matter.

A pending case may refer to:

A barangay complaint;
A police blotter entry;
A complaint filed with the prosecutor;
A criminal complaint under preliminary investigation;
An information already filed in court;
A criminal case pending arraignment;
A case pending trial;
A case on appeal;
A case where a warrant of arrest has been issued;
A case where the accused has posted bail;
A case dismissed but not yet updated in databases;
A case where the person has the same name as an accused;
A civil case, which generally should not be treated like a criminal record;
An administrative case, depending on the purpose of the clearance.

Not all pending matters have the same effect.

VI. Can You Get Police Clearance With a Pending Criminal Case?

Yes, a person may still be able to apply for police clearance. However, the application may result in one of several outcomes:

Clearance issued with no hit The pending case may not appear in the police clearance database, or the case may not be encoded in a way that matches the applicant.
Hit or verification required The system may detect a possible record. The applicant may be asked to wait, return, or submit documents proving the status of the case.
Clearance issued after verification If the record is clarified, dismissed, unrelated, or not disqualifying for the clearance purpose, the clearance may be issued.
Clearance issued with notation In some situations, the clearance may reflect that there is a pending case or record, depending on system and local practice.
Temporary hold or non-issuance If there is an active warrant, unresolved criminal record, or serious derogatory information, issuance may be delayed or refused until the matter is resolved or verified.
Referral to proper police unit or court The applicant may be directed to secure court clearance, prosecutor’s certification, dismissal order, or other supporting records.

Thus, having a pending case does not always prevent application, but it may affect the result.

VII. Presumption of Innocence

A person with a pending criminal case is presumed innocent until proven guilty by final judgment. A pending case is not the same as a conviction.

This principle matters because:

Employers should not automatically treat a pending case as proof of guilt;
Government agencies should distinguish between pending charges and convictions;
Police clearance should not be misunderstood as a criminal judgment;
The applicant may explain or submit documents showing the status of the case;
A dismissed or mistaken case should not continue to prejudice the person indefinitely.

However, presumption of innocence does not mean that law enforcement databases must ignore pending cases. A clearance system may still flag pending cases for verification.

VIII. What Is a “Hit”?

A “hit” means the applicant’s name, identity, or biometrics may match a record in the database. It does not automatically mean the applicant is guilty.

A hit may be caused by:

Pending criminal case;
Prior criminal case;
Warrant of arrest;
Police blotter or derogatory record;
Similar name with another person;
Same birthday or similar identifying details;
Old case that was dismissed but not updated;
Typographical error;
Identity theft;
Duplicate or incomplete database record.

A hit usually requires verification.

IX. What Happens if You Get a Hit?

If the applicant gets a hit, the issuing office may:

Ask the applicant to wait for verification;
Require fingerprint or biometric confirmation;
Ask for additional identification;
Require court documents;
Require prosecutor’s certification;
Ask for dismissal or acquittal order, if applicable;
Refer the applicant to another office;
Delay release of clearance;
Issue the clearance after confirming no disqualifying record;
Refuse release if there is an active warrant or unresolved derogatory record.

The applicant should remain calm and ask what specific document is needed.

X. Pending Case With No Warrant

If a criminal complaint is pending with the prosecutor or court but there is no warrant of arrest, the applicant may still be able to obtain police clearance, subject to verification.

Examples:

The person is under preliminary investigation;
A complaint was filed but no information has been filed in court;
A court case exists but the person has posted bail;
The case is pending trial and there is no outstanding warrant.

In these situations, the police may still issue clearance depending on the database result and internal rules, but the record may cause a hit or require explanation.

XI. Pending Case With an Active Warrant

If there is an outstanding warrant of arrest, the situation is much more serious.

The applicant may be arrested if they personally appear at a police station for clearance and the warrant is verified.

A person who knows or suspects that a warrant exists should consult a lawyer immediately before applying. The proper step may be to:

Verify the warrant through counsel;
Voluntarily surrender if advised;
Post bail if the offense is bailable;
File appropriate motions in court;
Clear mistaken identity if the warrant is against another person;
Secure recall or lifting of warrant if already resolved.

Applying for police clearance while an active warrant exists can expose the applicant to immediate arrest.

XII. Pending Case Where Bail Was Posted

If the person has a pending criminal case but has already posted bail, the case is still pending, but the person is not a fugitive.

The applicant may be asked to present:

Court order granting bail;
Bail bond;
Certificate of arraignment or case status;
Court clearance;
Certification from the branch clerk of court;
Latest order showing no outstanding warrant.

Police clearance may still be delayed or marked for verification.

XIII. Case Dismissed but Still Appearing as a Hit

Many people encounter hits even after the case was dismissed, archived, or resolved.

This may happen because database records are not automatically updated. The person may need to submit proof.

Useful documents include:

Court order of dismissal;
Certificate of finality, if available;
Prosecutor’s resolution dismissing the complaint;
Certification from the prosecutor’s office;
Certification from the court that there is no pending case;
Recall of warrant;
Entry of judgment;
Acquittal decision;
Order granting demurrer to evidence;
Order archiving or reviving case, depending on status.

The applicant should keep certified true copies because old records may continue to trigger hits in future clearance applications.

XIV. Same Name as an Accused Person

A common cause of clearance problems is being a namesake of someone with a criminal record.

If the applicant is not the person involved, they may need to prove mistaken identity.

Documents that may help include:

Birth certificate;
Government IDs;
Fingerprint or biometric verification;
Address history;
Affidavit of denial;
Court certification showing different identity;
Police certification;
NBI or police clearance after biometric verification;
Proof of employment or residence elsewhere at the relevant time.

A hit due to same name can usually be cleared after verification, although it may cause delay.

XV. Police Blotter vs. Criminal Case

A police blotter entry is not the same as a criminal conviction. It is usually a record of a reported incident.

A blotter may show:

A complaint was reported;
A dispute occurred;
An incident was recorded;
Police responded;
A person was named in a report.

But a blotter does not by itself mean that a criminal case was filed or that the person is guilty.

However, blotter entries may still affect local police clearance if treated as derogatory information. The applicant may need to explain or submit proof that no case was filed or that the matter was settled or dismissed.

XVI. Barangay Complaint or Barangay Blotter

A barangay complaint is usually not the same as a criminal court case. It may involve neighborhood disputes, minor offenses, civil claims, family conflicts, or mediation matters.

A barangay blotter or complaint may not necessarily appear in national police clearance. But if the matter was referred to police or prosecutor, it may later become part of a criminal record.

If the pending matter is only at the barangay level, the applicant may still likely apply for police clearance. However, local practice may vary if the police station is aware of the matter.

XVII. Prosecutor’s Preliminary Investigation

If a complaint is pending before the prosecutor, there may not yet be a court case. The prosecutor is still determining whether probable cause exists.

This stage may or may not appear in police clearance records.

If it creates a hit, the applicant may present:

Copy of subpoena;
Counter-affidavit;
Prosecutor’s certification of pending preliminary investigation;
Resolution dismissing or finding probable cause;
Proof that no information has yet been filed in court.

A pending preliminary investigation is not a conviction.

XVIII. Information Filed in Court

Once the prosecutor files an information in court, the person becomes an accused in a criminal case. This is more likely to affect clearance, especially if a warrant was issued or bail was posted.

The applicant may need:

Case number;
Court branch;
Offense charged;
Bail documents;
Court certification of status;
Order recalling warrant, if any;
Proof of compliance with court orders.

XIX. Case on Appeal

If a person was convicted and the case is on appeal, the conviction may not yet be final. However, it may still appear as a record and affect clearance.

The applicant may need to present:

Decision of the trial court;
Notice of appeal;
Court of Appeals or Supreme Court case status;
Bail pending appeal, if applicable;
Certification that conviction is not yet final;
Court order staying execution, if any.

For many purposes, a pending appeal is still a serious record, even though final guilt may not yet be established.

XX. Conviction by Final Judgment

If the person has a final conviction, obtaining clearance may be more difficult. The clearance may show a derogatory record, or the application may require additional processing.

The effect depends on:

The offense;
Whether the sentence was served;
Whether probation was granted;
Whether the conviction was later expunged, pardoned, amnestied, or otherwise legally addressed;
Whether the clearance requested is local, national, employment-related, or for a specific license.

Philippine law does not have a broad automatic expungement system like some jurisdictions. Old convictions may continue to affect clearance unless legally removed, pardoned, or otherwise addressed through proper procedures.

XXI. Acquittal

If the person was acquitted, they should secure:

Certified true copy of the decision;
Entry of judgment;
Court certification of no pending case or finality;
Recall of warrant, if applicable;
Updated clearance after database correction.

An acquittal should help clear the record, but the applicant may still experience hits until records are updated.

XXII. Dismissal at Prosecutor Level

If the complaint was dismissed by the prosecutor before reaching court, the applicant should secure:

Prosecutor’s resolution dismissing complaint;
Certification that no information was filed in court;
Proof of finality, if available;
Police blotter update, if needed.

This helps address future hits or employer questions.

XXIII. Dismissal in Court

If the case was already in court and dismissed, the applicant should secure:

Court order of dismissal;
Certificate of finality, if applicable;
Entry of judgment, if available;
Certification from the branch clerk;
Recall of warrant;
Order cancelling bail, if applicable.

Keep multiple certified copies. Clearance systems may ask for them repeatedly.

XXIV. Archived Cases

An archived case is not necessarily dismissed. It may be temporarily inactive, often because the accused could not be arrested or located.

If a case is archived and there is an outstanding warrant, applying for police clearance may be risky.

A person with an archived case should consult a lawyer to determine whether there is a warrant and how to address it.

XXV. Civil Cases and Police Clearance

A civil case generally should not prevent issuance of police clearance because it does not involve criminal liability. Examples include:

Collection of sum of money;
Ejectment;
Family property dispute;
Breach of contract;
Damages;
Annulment or declaration of nullity;
Inheritance dispute.

However, if the civil dispute also involved a criminal complaint, such as estafa, bouncing checks, threats, violence, falsification, or malicious mischief, the criminal aspect may affect clearance.

XXVI. Administrative Cases

Administrative cases are not usually police records unless connected to criminal proceedings. Examples include employment disciplinary cases, professional licensing complaints, or government administrative charges.

However, some agencies requiring clearance may ask separately about administrative cases. Police clearance itself may not reflect them unless they resulted in criminal proceedings or law enforcement records.

XXVII. Traffic Violations

Ordinary traffic violations usually do not prevent police clearance unless they involve criminal charges, warrants, reckless imprudence cases, unpaid penalties leading to warrants, or serious incidents.

For example, a traffic accident resulting in physical injuries or homicide may lead to a criminal case and affect clearance.

XXVIII. Pending Drug Case

A pending drug case is likely to create serious clearance issues, especially if there is an active warrant, ongoing trial, or prior arrest.

The applicant should consult counsel before applying if uncertain about warrant status.

Documents that may be needed include:

Bail order;
Court certification;
Case status;
Dismissal or acquittal order;
Drug test results, if required for separate purpose;
Rehabilitation or compliance documents, where relevant.

XXIX. Pending Estafa, Theft, or Fraud Case

Pending cases involving dishonesty, such as estafa, theft, qualified theft, falsification, or fraud, may affect employment clearance, especially for positions involving trust, money, inventory, or confidential information.

Police clearance may produce a hit, and employers may ask for explanation. The applicant should prepare certified documents showing the case status.

XXX. Pending Violence, Threats, or Domestic Abuse Case

Pending cases involving violence, threats, physical injuries, sexual offenses, or domestic abuse may also affect clearance and employment decisions.

If there is a protection order or warrant, the applicant should address it legally before applying for clearance.

XXXI. Pending Bouncing Check Case

A pending case involving bouncing checks may affect police or NBI clearance if filed criminally. The applicant should secure documents showing whether the case is pending, dismissed, settled, or covered by compromise.

Settlement of the civil obligation does not automatically erase the criminal case unless the proper court or prosecutor action has been taken.

XXXII. Does Police Clearance Show Pending Cases?

It may, depending on the system and record.

Some clearances may simply state that the person has no derogatory record. Others may reflect a hit or require verification. In some cases, the clearance may not print details but may not be released until the record is cleared.

The applicant should not assume that a pending case will not appear. Records may be updated at unpredictable times.

XXXIII. Can Police Clearance Be Denied?

Police clearance may be denied, delayed, or withheld if the applicant has:

Active warrant of arrest;
Unresolved derogatory record;
Pending criminal case requiring verification;
False identity or inconsistent documents;
Hit requiring further investigation;
Records showing the applicant is wanted;
Failure to comply with clearance procedures.

If denied, the applicant should ask for the reason and the required remedy or document.

XXXIV. Can You Be Arrested When Applying for Police Clearance?

Yes, if there is a valid outstanding warrant of arrest and the police verify that the applicant is the person named in the warrant.

This is why a person who suspects an outstanding warrant should not casually apply without legal advice. Counsel may help verify the case and arrange proper voluntary surrender, bail, or recall of warrant.

If the hit is only a namesake issue, the applicant should not be arrested once identity is clarified. But verification may cause delay.

XXXV. Should You Disclose a Pending Case?

If the application form asks about pending cases, criminal charges, or derogatory records, the applicant should answer truthfully. False statements may create separate problems.

For employment, visa, professional licensing, or government applications, dishonesty can be worse than the pending case itself.

A careful disclosure may say:

“There is a pending case, which I am contesting. No final conviction has been rendered. I can provide court certification upon request.”

The wording depends on the form and legal advice.

XXXVI. Employer Use of Police Clearance

Employers may require police clearance as part of background checking. But a pending case is not the same as guilt.

A fair employer should consider:

Nature of the case;
Whether it is related to the job;
Whether there is a final conviction;
The applicant’s explanation;
Court documents;
Presumption of innocence;
Data privacy and fair hiring principles;
Risk level of the position.

An applicant may prepare a concise explanation and certified documents.

XXXVII. Data Privacy Considerations

Criminal records and pending case information are sensitive personal information. Employers, agencies, and third parties should process them only for legitimate purposes and with proper safeguards.

Applicants should be cautious about sending copies of case records to unnecessary persons.

Employers should avoid publicly disclosing an applicant’s pending case or using the information for humiliation or discrimination unrelated to legitimate requirements.

XXXVIII. Police Clearance for Overseas Employment

Overseas employers and agencies may require police clearance or NBI clearance. A pending case may affect deployment, visa processing, or licensing depending on destination country and job type.

If a hit appears, the applicant may need:

Court certification;
Prosecutor certification;
Explanation letter;
Dismissal or acquittal order;
Certification that no warrant exists;
NBI clearance result;
Legal opinion, in some cases.

The requirements depend on the foreign employer, embassy, and immigration rules.

XXXIX. Police Clearance for Government Employment

Government employment often requires background checks. A pending criminal case may be relevant, especially for positions involving public trust, money, law enforcement, children, or sensitive duties.

However, pending case status should be distinguished from final conviction. The applicant may need to disclose the case and submit documents.

XL. Police Clearance for Professional Licenses

Professional regulatory bodies may ask about criminal records or moral character. A pending case may need disclosure even if police clearance is issued.

The effect depends on the profession and nature of the offense. Crimes involving moral turpitude, dishonesty, violence, drugs, or sexual misconduct may be more significant.

XLI. Police Clearance for Business Permits

Some local governments require police clearance for business permits. A pending case may not always prevent issuance unless the case is directly relevant, there is a warrant, or local rules require clearance without derogatory record.

If a hit occurs, the applicant should ask what specific document is needed.

XLII. Police Clearance for Firearms, Security Work, or Sensitive Licenses

For firearms licensing, security guard licensing, law enforcement-related work, and other sensitive authorizations, pending cases may have more serious consequences.

Authorities may consider pending criminal cases, especially those involving violence, drugs, dishonesty, domestic abuse, or moral character.

Police clearance alone may not be enough. Additional background checks may be required.

XLIII. What Documents Should You Bring if You Have a Pending Case?

If applying despite a pending case, prepare:

Valid government IDs;
PSA birth certificate if identity may be questioned;
Court certification showing case status;
Copy of information or complaint;
Bail order or bail bond;
Order recalling warrant, if applicable;
Prosecutor’s certification, if still under preliminary investigation;
Dismissal order, if dismissed;
Acquittal decision, if acquitted;
Entry of judgment or certificate of finality, if available;
Affidavit of denial if namesake issue;
Lawyer’s contact details, if needed.

Not all documents are always required, but having them can reduce delay.

XLIV. What to Do Before Applying if You Suspect a Pending Case

Before applying for police clearance, a person who suspects a pending criminal case should:

Ask a lawyer to verify court records;
Check with the prosecutor’s office if a complaint was filed;
Verify whether there is a warrant;
Secure case status documents;
Resolve any outstanding warrant through legal means;
Prepare identification documents;
Gather dismissal or settlement documents if applicable;
Avoid using false names or false information;
Be ready for a hit;
Apply only after understanding the risk.

XLV. What to Do if Police Clearance Is Not Released

If the clearance is held due to a hit:

Ask what record caused the hit;
Ask what office can verify it;
Get a list of required documents;
Secure certified court or prosecutor records;
Submit proof of identity if namesake issue;
Follow up on database correction;
Keep copies of all submissions;
Ask for written acknowledgement;
Consult a lawyer if there is an active warrant or wrongful record;
Do not argue aggressively at the station.

XLVI. How to Clear a Wrong or Old Record

If the record is wrong, dismissed, or outdated:

Secure certified true copies of dismissal, acquittal, or finality;
Get court certification of no pending case;
Request updating of police records;
Request NBI record update if applicable;
Keep copies for future applications;
Follow up periodically;
Use consistent legal name and birthdate;
Correct civil registry errors if identity mismatch causes hits.

Record correction can take time. Always keep certified documents.

XLVII. Can a Pending Case Be Removed From Police Records?

A pending case generally cannot simply be erased while it remains pending. Records exist because law enforcement and courts are tracking the case.

However, records may be updated to reflect:

Dismissal;
Acquittal;
Case closed;
Warrant recalled;
Mistaken identity;
No pending case;
Final disposition.

The person may request updating after obtaining proper court or prosecutor documents.

XLVIII. Effect of Settlement on Clearance

Settlement does not automatically remove a criminal record.

For some offenses, settlement may lead to dismissal, withdrawal, desistance, civil satisfaction, or compromise depending on law and stage of proceedings. But until the prosecutor or court formally disposes of the case, the record may remain pending.

For public crimes, complainant desistance may not automatically end prosecution.

The applicant should secure official dismissal or court order, not merely a private settlement agreement.

XLIX. Affidavit of Desistance

An affidavit of desistance from the complainant may help in some cases, but it does not automatically dismiss a criminal case.

The prosecutor or court must still act. Until then, the case may continue to appear as pending.

For clearance purposes, an affidavit of desistance is weaker than a court order of dismissal or prosecutor’s resolution.

L. Expungement, Pardon, Probation, and Amnesty

Philippine practice does not generally erase criminal records automatically after time passes.

Possible legal mechanisms include:

Probation, where applicable;
Pardon;
Amnesty, for specific offenses and circumstances;
Court dismissal or acquittal;
Correction of mistaken records;
Sealing or confidentiality in limited special contexts;
Other specific statutory remedies.

A person with a final conviction should consult counsel about available relief.

LI. Juvenile Records

If the case involved a child in conflict with the law, special rules on confidentiality and juvenile justice may apply. Records involving minors are treated differently from ordinary adult criminal records.

A person who had a juvenile case should seek legal assistance if the record continues to appear in clearance systems.

LII. Pending Case and Travel

A pending case may affect travel if:

A hold departure order exists;
A watchlist or immigration lookout bulletin exists;
Bail conditions restrict travel;
Court permission is required;
The destination country requires criminal clearance.

Police clearance itself does not determine travel rights, but a pending case may create related issues.

LIII. Pending Case and Passport

A pending case does not automatically mean a person cannot have a passport. However, court orders, warrants, hold departure orders, or legal restrictions may affect travel.

Some applications may require disclosure depending on the form and circumstances.

LIV. Pending Case and Work Abroad

A pending case may cause problems for work abroad because employers, agencies, embassies, or immigration authorities may require clean NBI or police clearance.

If there is a hit, the applicant should prepare official court or prosecutor documents and seek legal advice on whether the case affects deployment.

LV. Practical Scenarios

Scenario 1: Complaint at Barangay Only

A person has a neighborhood dispute recorded at the barangay. No police complaint or criminal case was filed.

Likely effect: Police clearance may still be issued, unless there is a separate police record.

Scenario 2: Police Blotter Only

A person was named in a police blotter, but no case was filed.

Likely effect: There may be local issues or verification, but a blotter alone is not a conviction.

Scenario 3: Pending Prosecutor Complaint

A complaint is under preliminary investigation.

Likely effect: May or may not appear. If it appears, the applicant may need prosecutor certification.

Scenario 4: Case Filed in Court, Bail Posted

A criminal case is pending, but the accused posted bail and has no outstanding warrant.

Likely effect: Clearance may produce a hit. Court certification and bail documents may be required.

Scenario 5: Active Warrant

A case is pending and the accused has not posted bail.

Likely effect: Applying for clearance may lead to arrest.

Scenario 6: Case Dismissed Years Ago

The case was dismissed but still causes a hit.

Likely effect: Applicant should submit certified dismissal order and request record update.

Scenario 7: Same Name Hit

Applicant has same name as an accused.

Likely effect: Biometric and identity verification should clear the hit, but delay is possible.

LVI. Sample Explanation Letter for Employment

A person with a pending case may prepare a measured explanation:

I wish to clarify that a criminal case is currently pending and remains unresolved. I have not been convicted by final judgment, and I am exercising my legal right to defend myself in court. I can provide a court certification showing the present status of the case. I respectfully request that the matter be considered in light of the presumption of innocence and the nature of the position applied for.

This should be adapted to the facts. Do not make false statements.

LVII. Sample Request for Court Certification

A person may request from the court:

I respectfully request a certification stating the status of Criminal Case No. ______, entitled People of the Philippines v. ______, including whether there is any outstanding warrant of arrest, whether bail has been posted, and whether the case remains pending, dismissed, archived, or otherwise resolved.

Court procedures and fees may vary.

LVIII. Sample Steps for Namesake Hit

If the hit is due to another person with the same name:

Ask the clearance office for verification procedure;
Present government IDs and birth certificate;
Submit biometrics or fingerprints;
Obtain certification that you are not the person named in the record;
Keep copies for future clearance applications.

LIX. Can Police Refuse to Tell You the Case?

Sometimes the applicant is told only that there is a hit. The police may require verification first before disclosing details. If the applicant needs more information, they may ask what office or unit holds the record and what documents are needed.

If there is risk of arrest, counsel should assist.

LX. Should You Apply Online First?

For national police clearance, online registration may be part of the process. But personal appearance is usually required for biometrics and release.

If the applicant suspects an active warrant, online registration alone may not resolve the risk. The critical point is personal appearance and verification.

LXI. False Information in Clearance Application

Providing false information, using another person’s identity, concealing required information, or submitting fake documents may create additional legal problems.

Do not:

Use a false name;
Change birthdate;
Use fake IDs;
Submit fake dismissal orders;
Claim a case is dismissed when it is not;
Misrepresent identity to avoid a hit.

This can lead to more serious consequences than the original case.

LXII. Police Clearance and Finality of Criminal Liability

Police clearance is not the final authority on criminal liability. A person may receive clearance even though a case exists but has not been encoded, or may receive a hit even though the case was dismissed.

The court record is usually the best proof of case status.

For legal purposes, rely on:

Court orders;
Prosecutor resolutions;
Certificates of finality;
Entries of judgment;
Official certifications;
Warrants or recall orders.

LXIII. Practical Advice for Applicants With Pending Cases

An applicant should:

Know the exact status of the case;
Check whether there is a warrant;
Secure court or prosecutor certification;
Bring valid IDs;
Prepare for a hit;
Do not lie;
Do not panic if verification is required;
Keep certified copies of all case documents;
Consult a lawyer if the case is serious;
Avoid applying blindly if an arrest warrant may exist.

LXIV. Practical Advice for Employers or Agencies

Employers and agencies should:

Distinguish pending cases from convictions;
Ask for court certification when needed;
Observe data privacy;
Avoid public disclosure;
Consider relevance to the job;
Apply policies consistently;
Avoid automatic discrimination where unjustified;
Allow applicants to explain;
Avoid relying solely on rumors or social media posts;
Consult legal counsel for sensitive positions.

LXV. Frequently Asked Questions

1. Can I get police clearance if I have a pending case?

Possibly. You may apply, but the case may cause a hit, delay, notation, or request for additional documents.

2. Will I be arrested when applying?

You may be arrested if there is a valid outstanding warrant and police verify that you are the person named.

3. What if I already posted bail?

Bring proof of bail and court certification. The case may still cause a hit, but an outstanding warrant should not exist if bail and recall were properly processed.

4. What if my case was dismissed?

Bring certified copy of the dismissal order and certificate of finality or court certification. Ask for record updating.

5. What if the case is only at the barangay?

A barangay complaint alone usually is not the same as a criminal case, but facts and local records matter.

6. What if the hit belongs to someone with the same name?

Submit proof of identity and undergo biometric verification.

7. Does a pending case mean I am guilty?

No. A pending case is not a conviction. You remain presumed innocent until final judgment.

8. Can I hide my pending case from an employer?

Do not lie if asked directly. False statements may create separate employment or legal problems.

9. Is police clearance the same as NBI clearance?

No. They are issued by different agencies and may show different records.

10. Can I remove a pending case from the record?

Not simply because you want to. The case must be legally resolved, dismissed, or corrected if mistaken.

LXVI. Conclusion

A person with a pending case may still apply for police clearance in the Philippines, but the result depends on the nature and status of the case. A pending case does not automatically mean guilt, and it does not always prevent issuance of clearance. However, it may cause a hit, verification, delay, notation, or temporary non-release.

The most serious risk arises when there is an outstanding warrant of arrest. In that situation, personal appearance at a police station may result in arrest. Anyone who suspects a warrant should consult a lawyer before applying.

If the case is pending but bail has been posted, the applicant should prepare court certification and bail documents. If the case was dismissed or the applicant was acquitted, certified court records should be obtained and used to update police or NBI records. If the hit is caused by a namesake, identity and biometric verification may resolve it.

The key principles are simple: a pending case is not a conviction, police clearance is not a judgment of guilt, and official court records are the best proof of case status. Applicants should be truthful, prepared, and careful, especially when a warrant or unresolved criminal record may exist.