How to Check Criminal Cases Filed Against a Person in the Philippines
(Comprehensive legal guide for individuals, employers, and due-diligence teams)
Quick take: There’s no single, public, nationwide “name search” that reliably shows every Philippine criminal case. Verification typically combines (1) clearances (NBI/Police), (2) prosecutor’s office docket checks, and (3) court-by-court record verification—done lawfully under the Data Privacy Act.
1) First principles
1.1 What counts as a “criminal case”?
A criminal case exists once an Information is filed in court by a public prosecutor (or by an offended party in the rare case of private crimes). Before that, complaints are just police/barangay blotters or inquest/preliminary investigation matters at the prosecutor’s office.
1.2 No single public database
The Philippines has no open, consolidated, nationwide, name-searchable registry of criminal cases. Records are decentralized among:
- National Bureau of Investigation (NBI) – “hits” based on fingerprints/identifiers
- Philippine National Police (PNP) – police records & National Police Clearance System (NPCS)
- Prosecutor’s Offices (DOJ/NPS) – investigation dockets (I.S. numbers)
- Courts – each court maintains its own criminal docket via the Office of the Clerk of Court (OCC)
1.3 Privacy and lawful basis
Information about criminal complaints and convictions concerns sensitive personal information. Processing typically needs consent, or another lawful basis (e.g., establishment/exercise/defense of legal claims; compliance with law; FOI for Executive agencies; judiciary’s own access rules). Expect IDs, authorization letters, and purpose statements to be required.
2) The practical roadmap (most reliable workflow)
Step A — Ask the person to obtain NBI Clearance
- What it shows: Whether the person has a “HIT”—a name/biometrics match in NBI records—which may require verification at an NBI office. A “hit” is not automatically a conviction; it could be a namesake or an archived case.
- Why it matters: NBI cross-matches fingerprints/biometrics and is the most widely accepted single screening tool for employment, travel, licensing, and due diligence.
Tip: For common names, insist on the final, verified NBI clearance (after hit processing), not just the initial appointment receipt.
Step B — Obtain National Police Clearance (NPC)
- What it shows: Results from the PNP National Police Clearance System. It may flag “with records” that require verification.
- Why add it: NPC supplements NBI because PNP feeds and timing may differ. Some agencies or LGUs specifically ask for NPC in addition to NBI.
Good practice: Verify the NPC’s QR code or reference number where available.
Step C — Check Prosecutor’s Office (National Prosecution Service)
- Scope: Pre-court matters under preliminary investigation and inquest carry Investigation Slip (I.S.) numbers (e.g., I.S. No. 23-12345).
- What to request: A Certification (e.g., “no pending case under investigation” / list of pending/resolved I.S. numbers naming the person as respondent).
- Where: Start with the City/Provincial Prosecutor’s Office where the person resides/works and where any alleged crime occurred. For coverage, include places the person lived or worked in the last 5–10 years.
- Requirements: Government-issued ID, authorization letter if you’re a third party, and a legitimate purpose. Fees are modest; processing is typically a few working days.
Step D — Check Courts (pending or archived criminal cases)
Where to go: The Office of the Clerk of Court (OCC) of each relevant RTC/MTCC/MeTC/MTC/MCTC where venue would lie (usually where the offense occurred) and, prudently, where the person resides/works.
What to request:
- Certificate of No Pending Criminal Case (or a certification listing pending cases, if any), and/or
- Certified true copies of Informations, orders, or decisions (if you already know a case number or if the OCC finds a match).
Expectations: Searches are name-based and can surface namesakes; OCCs may ask for middle name, birthdate, and other identifiers. If a potential match appears, the OCC can confirm by comparing personal identifiers in the Information/records.
Note: Some trial courts run on eCourt internally, but public name search is limited. Physical/official OCC certification remains the gold standard for third-party checks.
Step E — Warrants & watchlists
- Bench warrants stem from specific cases and are ordinarily served by law enforcement. Public “warrant lookups” are not broadly available; confirmation typically routes through the court of origin or police with proper legal purpose and identification.
3) Special sources and what they really mean
- Barangay blotter – Shows community complaints, not criminal cases. Useful for context but not proof of a case or conviction.
- Police blotter – Initial incident reports; again, not a filed case. Obtainable with purpose and ID; may be redacted.
- Supreme Court decisions/E-Library – Useful for reported decisions (usually appellate). Not a substitute for a person-specific search unless you already know the case title/number.
- Online “case lists” – Some courts post hearing calendars or partial case bulletins, but these are not comprehensive and often omit personal details for privacy. Treat as directional only.
4) Doing it lawfully (Data Privacy & access rules)
Consent first: For employment, vendor screening, tenancy, or personal due diligence, obtain written consent from the subject. Keep copies of their government ID.
Purpose limitation: State the specific purpose (e.g., pre-employment screening for Position X at Company Y; litigation prep; anti-fraud due diligence).
Data minimization: Request only what you need (e.g., certifications vs. full records).
Retention & security: Store results securely; set a retention period and disposal protocol.
Executive vs. Judiciary:
- Executive agencies (NBI, PNP, DOJ) follow FOI (EO No. 2, 2016) + their manuals; expect forms and ID.
- The Judiciary is not covered by EO 2; it has its own access rules (e.g., A.M. No. 21-06-08-SC on access to judicial records). Follow OCC guidance.
5) Coverage strategy (how to make your check “nationwide-enough”)
Identify likely venues
- Where the person lives/lived, works/worked, and where potential offenses might have occurred (e.g., locations of branches/sites).
Run dual national clearances
- NBI + National Police Clearance.
Prosecutor’s Offices
- Check the current city/province and any prior residences in the last 5–10 years. For corporate roles, include the head-office city.
Courts
- For each target city/municipality, ask the OCC for a name-based criminal docket check and certification.
Name variants
- Search full legal name, aliases/nicknames, maiden name, common misspellings, and inverted name order. Provide birthdate and middle name to disambiguate.
Biometric anchor
- Prefer NBI (fingerprints) verification to reduce false positives.
6) Interpreting results (and common pitfalls)
“HIT” ≠ conviction: An NBI/PNP flag may be a namesake, a dismissed case, or an archived record. Always ask for the final verified clearance or obtain certified copies from the court/prosecutor.
Case status matters:
- Under investigation (prosecutor) – Not yet a court case.
- Filed in court – Now a formal criminal case (with docket number).
- Dismissed/acquitted – Not a conviction.
- Convicted – May have appeal or probation/parole implications.
Jurisdiction & venue: Filing is usually where the offense occurred. If you search only the person’s residence, you may miss cases elsewhere.
Namesakes: Very common. Use middle name, birthdate, parents’ names when available; request to inspect the Information (or pertinent pages) to confirm identity.
7) For employers & HR (pre-employment/continuing employment)
- Policy & consent: Adopt a clear background-check policy and obtain written consent covering NBI/NPC, prosecutor and court certifications.
- Job-relatedness: Limit scope to what’s relevant to the role (e.g., theft/fraud for finance roles).
- Adverse action protocol: If results are adverse, allow the candidate to explain or contest (e.g., show a dismissal order). Keep a paper trail.
- Refresh cadence: High-risk roles may warrant periodic re-checks (e.g., annually), with renewed consent.
8) For banks, landlords, and deal teams (KYC, tenancy, M&A)
- Combine affidavits + official records: Ask the counterparty for a sworn disclosure (no pending/decided criminal cases), plus NBI/NPC and, where risk warrants it, prosecutor/court certifications in key cities.
- Materiality thresholds: Define what triggers escalation (e.g., any pending theft/estafa case).
- Local counsel: For multi-site operations, retain local counsel/agents to run OCC and prosecutor checks in different regions.
9) Typical timelines & fees (indicative, vary by office)
- NBI Clearance: same day to a few days if no hit; longer if “HIT” for verification.
- National Police Clearance: often same day after biometrics/verification.
- Prosecutor/Court certifications: commonly 2–10 working days depending on office workload; rush options vary; official fees are modest plus documentary stamps where applicable.
(Always rely on posted fees at the office; bring cash and valid ID.)
10) Red flags that merit deeper checks
- Repeated “HITs” despite different identifiers
- Adverse media naming the person + specific locations/case numbers
- Discrepancies between NBI/NPC and the person’s own declarations
- Prior employment issues tied to property/financial loss
11) Model documents (ready to adapt)
11.1 Authorization Letter (third-party checker)
AUTHORIZATION
I, [Full Name], of legal age, [citizenship], with address at [Address] and valid ID No. [ID No.], hereby authorize [Your Name/Company] to request and receive on my behalf the following:
1) NBI Clearance and/or verification of any “HIT” records;
2) National Police Clearance;
3) Certifications from the [City/Provincial] Prosecutor’s Office regarding any pending/resolved cases where I am named as respondent; and
4) Certifications from the Office of the Clerk of Court of [Courts/Locations] regarding any pending/decided criminal cases where I am a party.
This authorization is for the purpose of [pre-employment screening / tenancy / due diligence / litigation], and is valid for [90] days from the date below.
Signed this [date] at [city], Philippines.
_________________________
[Full Name]
11.2 Request Letter (Prosecutor’s Office / OCC)
[Date]
The [City/Provincial] Prosecutor / Office of the Clerk of Court
[Office Address]
Re: Request for Certification – [Full Name, Birthday, Middle Name]
Dear Sir/Madam:
We respectfully request a certification stating whether the above-named individual is a respondent/accused in any pending or decided criminal case/investigation on file with your office/courts. We attach (i) copy of government ID; (ii) signed authorization; and (iii) purpose statement [e.g., pre-employment screening].
Thank you.
Very truly yours,
[Name, Position, Company]
[Contact details]
12) FAQ
Q: Is an NBI “No Record” equal to “clean forever”? A: No. It reflects the database at the time of issuance. New cases may be filed later, and some older local records might not yet have synchronized.
Q: Can I check if someone has a warrant? A: Not via a public nationwide portal. Verification typically goes through the court of origin or law enforcement with proper purpose and ID.
Q: Are prosecutor records public? A: Access is regulated. With consent or valid legal basis, you can request certifications. Full files are generally not “open” to the public.
Q: Can I search online by name across all courts? A: No. Some electronic systems exist internally, but official, dependable third-party checks still rely on OCC certifications per location.
13) Compliance checklist (printable)
- Written consent + valid ID copies
- NBI Clearance (post-verification, if there was a “HIT”)
- National Police Clearance (QR verified)
- Prosecutor certifications (current & prior residences; probable venues)
- OCC certifications (target cities/municipalities; RTC/MeTC/MTC as applicable)
- Document name variants searched
- Log dates, offices, official receipts
- Secure storage & retention policy noted
- Adverse-action protocol (if used for screening)
14) Key legal touchpoints (for orientation)
- Revised Rules of Criminal Procedure – filing of Information and venue
- Data Privacy Act of 2012 (R.A. 10173) – lawful processing of sensitive personal information
- NBI Reorganization & modernization laws (e.g., R.A. 10867) – NBI functions & biometrics
- PNP laws (e.g., R.A. 6975, as amended) – police powers & records
- Executive Order No. 2 (2016) – FOI for the Executive branch (covers NBI/PNP/DOJ)
- A.M. No. 21-06-08-SC – Judiciary’s rules on access to judicial records (the courts’ own regime)
- Ease of Doing Business / ARTA (R.A. 11032) – service standards, citizen’s charters
Final notes
- Treat clearances as necessary but not sufficient; combine them with prosecutor and court certifications for high-confidence results.
- Always anchor your search to specific places and identifiers.
- Keep the process lawful, proportional, and well-documented.
This guide is for general information only and is not a substitute for tailored legal advice. For complex or high-stakes matters, consider engaging Philippine counsel to coordinate multi-jurisdiction checks and to interpret nuanced results (e.g., probation, plea bargaining, or post-judgment remedies).