Criminal Case Verification Against an Individual in the Philippines
A practitioner-oriented guide to sources, procedures, and legal constraints (July 2025)
1. Why verification matters
Whether you are an employer screening a candidate, a lawyer checking your client’s exposure, a lender assessing risk, or a private citizen concerned about personal safety, confirming the existence (or absence) of criminal cases is critical. In the Philippines, however, there is no single “national criminal-records database” for public self-service. Records are fragmented across investigative agencies, prosecutors, and the multi-tiered court system. Understanding where data reside—and the legal rules governing access—is essential.
2. Snapshot of the Philippine criminal-justice record flow
| Stage | Custodian | Typical record |
|---|---|---|
| Police investigation | Philippine National Police (PNP) station / unit, or other law-enforcement body (e.g., NBI, PDEA, CIDG) | Blotter entry, spot report, investigation report, arrest sheet |
| Filing of complaint | Office of the City/Provincial Prosecutor (Department of Justice) | Complaint-Affidavit, docket number (I.S. No.) |
| Prosecutorial resolution | Same prosecutor’s office | Resolution recommending dismissal or the filing of an Information |
| Court action | Trial court – MTC/RTC/Sandiganbayan/Shari’a; Supreme Court on appeal | Information, orders, warrants, judgment, entry of judgment |
| Post-conviction | Bureau of Corrections / BJMP (for detention) | Commitment order, mittimus, prison card |
Parallel or special jurisdictions (e.g., Ombudsman for public officers, Juvenile Justice under RA 9344, military courts under the AFP Articles of War) retain their own dockets.
3. Statutory and doctrinal framework
1987 Constitution – Art. III (“Bill of Rights”)
- Right to privacy of communication; due process; presumption of innocence.
Revised Penal Code & special penal laws – define offenses; do not establish record-keeping duties.
Rule 135, Rules of Court – court records are public unless sealed by law or the court.
A.M. No. 01-7-01-SC & later OCA circulars – govern requests for copies, certifications of “no pending case,” and per-page fees.
Data Privacy Act of 2012 (RA 10173) – crime data are “sensitive personal information”; processing must fit a lawful basis (e.g., legal obligation, legitimate interest, or consent).
JJWA (RA 9344, amended by RA 10630) – records involving children in conflict with the law are strictly confidential and may not be disclosed except to enumerated parties.
Community-based justice issuances – Barangay Justice System records (RA 7160) are generally public but seldom centralized.
NBI Charter (RA 157 as amended) & RA 11200 (PNP Rank Classification) – empower issuance of clearances.
Speedy Trial Act (RA 8493) & Judicial Affidavit Rule – indirectly affect docket entries and timelines.
4. Core verification pathways
| Method | Best for | Key steps | Typical turnaround | Caveats |
|---|---|---|---|---|
| NBI Clearance (“fingerprint-based national hit/no-hit”) | Baseline nationwide screening; employment visas | 1. Create account on clearance.nbi.gov.ph ➜ 2. Pay fee (₱130 + e-payment) ➜ 3. Biometrics/photo • Result is printed same day. | Same day (if “No Hit”); 3–15 days if name “hits” require manual verification. | Only states that a record exists somewhere; gives no docket details. |
| PNP Police Clearance (name-matching + biometrics) | Local background checks (LGU police station) | 1. Online scheduling at pnpclearance.ph ➜ 2. Pay fee (~₱180) ➜ 3. Appearance for biometrics. | Same day. | Scope limited to PNP data; does not cover NBI, prosecutor, or court hits. |
| Prosecutor’s Certification (“No Pending Criminal Complaint”) | Checking if a complaint is under review | 1. Letter-request to Office of the Prosecutor citing full name & DOB ➜ 2. Pay certification fee (₱75 – ₱200) ➜ 3. Claim signed certificate. | 1–3 working days. | Only within that city/province; each office keeps its own docket. |
| Court Docket Verification / Certificate of Pending or No Case | Due diligence in specific localities; bail or travel requirements | 1. Request at Office of the Clerk of Court (OCC) of each level (MTC, RTC) ➜ 2. Pay legal research & certification fees ➜ 3. Check both criminal & civil index books. | Few hours to 2 days (manual search) | Must be repeated in every possible venue; mis-spellings cause misses. |
| eCourt & Judiciary Case Management Systems | Metro Manila & pilot cities; electronic docket look-ups | Accessible to court staff; lawyers may query via e-Filing portal if counsel of record. | Near-real-time | Not yet nationwide; public terminal access still limited. |
| Ombudsman Clearance (for public officials) | Bids, appointments, retirement | File Request for Certification (₱200) at Ombudsman Records Center. | 1 day (no case) | Covers criminal & administrative cases within the Ombudsman only. |
| Supreme Court E-Library / Lawphil search | Historical convictions, jurisprudence | Free online search of promulgated decisions. | Instant | Only final appellate rulings; names may be redacted (“AAA v. BBB”). |
| BI Verification (Hold Departure/Watchlist Orders) | Travel due-diligence; bail conditions | Written request to Bureau of Immigration Intelligence Division. | 3–7 days | Requires authorization letter & ID; reveals only immigration-related holds. |
5. Practical workflow for thorough verification
- Identify scope Full legal name (including middle name/initial), date & place of birth, aliases, and former married names.
- Start with NBI Clearance – quickest nationwide “triage.”
- Resolve any NBI “HIT” Applicant is directed to the NBI Quality Control section to compare fingerprints against the hit file; a “Quality Control Interview” may culminate in either clearance release or referral for court confirmation.
- Parallel local checks • PNP police clearance where the person resides or has resided • Prosecutor’s Office in each city/municipality of residence or of the alleged crime (if known).
- Court-level sweep • MTC (for offenses ≤ 6 years) & RTC (for more serious felonies) in those same localities. • Sandiganbayan for elected/appointed officials (graft/plunder).
- Special jurisdictions • Ombudsman, military courts, Philippine Competition Commission, etc. when applicable.
- Document and reconcile results Compare docket numbers, case titles, stage (pending, archived, dismissed, convicted, acquitted), and dispositive dates.
- Observe data-privacy hygiene • Obtain written consent when screening applicants (by virtue of RA 10173 and NPC Advisory Opinion No. 2017-06). • Store results securely; share only on a “need-to-know” basis.
- Periodically update • Pending cases dismissed or convictions set aside on appeal may take months to reflect in NBI. • For regulated industries (banks, schools), repeat every 6–12 months or upon “material change” in circumstance.
6. Key limitations and risk points
- Fragmented dockets – A person may have a pending Information in one RTC even while holding a clean NBI clearance if fingerprints were never captured.
- Common names – “Juan Dela Cruz” hits are numerous; verify via birthdate, birthplace, parents’ names, or biometrics.
- Sealings & expungements – Juvenile and plea-bargained drug cases (RA 9165, as amended) can be sealed; you may receive a “No Record” despite fact of arrest.
- Processing delays – Prosecutor’s and OCC certifications are manual; provincial stations may rely on handwritten logbooks.
- Private-investigator pitfalls – “Name-match only” commercial reports may over- or under-report; courts penalize employers who act on erroneous data (e.g., Torres v. Banco Filipino, G.R. No. 138510, 2001).
7. Recent digitization initiatives worth tracking (2023 – 2025)
- e-Subpoena & e-Warrant – PNP-Judiciary interface that will, once fully rolled out, back-propagate warrant data to police stations in near real-time.
- SC OCA Circular 68-2024 – authorizes issuance of digital certificates of “No Pending Criminal Case” with QR-code verification.
- National Justice Information System (NJIS) Inter-agency Council – pilot integration of PNP, NBI, BuCor, and Court data; nationwide launch target 2027.
- NBI Biomet-Unified Platform – migrating fingerprint records from AFIS to ABIS for improved match accuracy (ongoing).
8. Ethical and data-privacy considerations
| Principle | Practical rule |
|---|---|
| Necessity & Proportionality | Collect only what you truly need; do not keep source documents longer than necessary. |
| Transparency | Inform the data subject of purpose and legal basis (NPC Advisory Opinion 2020-02). |
| Security | Encrypt digital copies; lock physical files; restrict access logs. |
| Accuracy | Provide avenues for the subject to contest or correct misinformation (Art. 3, RA 10173). |
| Special protection for minors & sensitive victims | Redact identities in compliance with RA 9344 & SC A.M. No. 04-10-11-SC (Rule on Examination of a Child Witness). |
9. Frequently asked questions
Q1. Is an NBI “No Hit” clearance conclusive proof that a person has no criminal case? *No. * It simply means the NBI biometrics database has no match. A charge filed under a different name or a case still at prosecutor level will not appear.
Q2. Can I get someone else’s NBI clearance? Only with an original Special Power of Attorney (SPA), the principal’s two valid IDs, and your own ID—plus personal appearance.
Q3. Are court records online? Metro Manila, Cebu, and Davao have “eCourt”; public kiosks exist in some halls of justice, but full online access for the general public is not yet allowed. Parties and lawyers may view their cases through the eFiling portal.
Q4. What if the person is abroad? They can apply for an NBI Clearance “From Abroad,” submitting fingerprint cards authenticated by the Philippine embassy/consulate and paying through an authorized remittance channel.
Q5. How long are criminal records kept? Unless expunged or sealed, court records are permanent. NBI “derogatory records” tied to acquittals or dismissals are purged after the entry of judgment is recorded and certified copies are furnished. Convictions remain.
10. Best-practice checklist (for lawyers, HR officers, and compliance teams)
- Written consent & Privacy Notice in plain Filipino/English.
- Multi-source search (NBI + PNP + court of residence + special jurisdictions).
- Document chain of custody for every certificate obtained.
- Immediate reconciliation of ambiguous “hits” through fingerprint comparison or docket inspection.
- Timely destruction or anonymization of data not required by law or contract.
- Update protocol every 12 months or upon DOJ/SC circular changes.
- Legal-advice disclaimer to decision-makers to avoid “unauthorized practice of law.”
Conclusion
Criminal-case verification in the Philippines is procedurally decentralized but legally structured. Mastery of the various gateways—from NBI biometrics to courthouse index books—allows practitioners to obtain a near-complete picture of an individual’s criminal-case exposure while honoring constitutional privacy rights. The landscape is steadily modernizing, yet manual diligence and a privacy-first ethic remain indispensable.
(Nothing in this article constitutes legal advice; consult Philippine counsel for advice on specific situations.)