How to Check for Pending Criminal Cases Against a Person in the Philippines

(Comprehensive Legal Guide, updated July 2025)

1. Why “Pending Case” Verification Matters

Risk management & due diligence. Employers, lenders, government agencies and litigants routinely ascertain whether an applicant, employee, supplier or adversary faces unresolved criminal charges.
Legal compliance. Certain sectors (e.g., banks, schools, security services) are statutorily obliged to screen personnel.
Personal security & reputation. Private individuals often check potential business partners, tenants or fiancés.

2. Legal Framework for Accessing Criminal‑Case Records

Source	Key Provisions	Practical Effect
1987 Constitution, Art. III §7	Right to information on matters of public concern	Court dockets are presumptively public, subject to privacy limits.
Rules of Court (Rule 135 §7, Rule 129)	Clerks must keep and allow inspection of docket books and entries	Anyone may request certification of a specific case, unless sealed by order.
Supreme Court A.M. No. 03‑04‑04‑SC (Rule on FOI in the Judiciary)	Recognizes access, sets procedures, fees	Used when requesting bulk case data.
Data Privacy Act (DPA) of 2012	Protects “personal information”	Criminal‑case data are sensitive but exempt when required by law or court.
Revised Rules on Criminal Procedure (A.M. No. 00-5-03‑SC)	Defines where a case is lodged (prosecutor vs court)	Guides where to search.

Tip: Keep requests narrow (name + birth date) and cite the constitutional right plus DPA lawful criteria (e.g., “establishment, exercise or defense of legal claims,” Sec. 12 (e)).

3. Map of Philippine Criminal‑Case Repositories

Stage	Repository	Typical Records	Public‑Access Route
Police incident / inquest	Philippine National Police (PNP) blotter; arrest record	Blotter entry, spot report, referral sheet	Visit precinct’s Records Section or submit online eFOI request
Preliminary investigation	Office of the City/Provincial Prosecutor (DOJ‑NPS)	Complaint‑Affidavit, subpoenas, Resolution, I.S. docket	Request Certificate of No/With Pending Case (≤ ₱115)
Filed in trial court	Office of the Clerk of Court – MTC, MTCC, MeTC, RTC	Information, warrants, orders	Case‑lookup desk, eCourt Kiosk, or written verification
Public‑official cases	Office of the Ombudsman, Sandiganbayan	Complaint, Information, docket status	Ombudsman’s Certificate of Pendency; Sandiganbayan Docket Section
Appealed or special actions	Court of Appeals (CA), Supreme Court (SC)	Petitions, decisions (not pending)	CA & SC E‑Library ‑ for concluded cases
Watchlist / derogatory	Bureau of Immigration (BI), Bureau of Corrections (BuCor)	Hold‑departure, warrant abstract, commitment	BI Certification (₱500); BuCor prisoner query (written)
Centralized background	National Bureau of Investigation (NBI)	Hits from courts, prosecutors, PNP	NBI Clearance (₱155); requires personal appearance if “HIT”

4. Step‑by‑Step Procedures

A. Quick Self‑Check via NBI Clearance

Book online at clearance.nbi.gov.ph, pay the fee.
Appear for biometrics.
Result:
- “No Record” ⇒ no pending or decided criminal case captured in NBI database.
- “HIT” ⇒ Applicant returns after verification; if a pending case exists, clearance is withheld unless court/prosecutor issues “Clearance/Certification”.

Limits: Only the applicant can secure it (Data Privacy); not all courts upload promptly.

B. Court‑Level Verification

Identify probable venue (where the alleged crime occurred or where accused resides if violation of B.P. 22 or election laws).
Go to the Office of the Clerk of Court (OCC) with:
- Person’s full name, aliases, and birth date.
- Government‑issued ID (for your own identity).
Request a “Certification of Pending/No Pending Criminal Case.”
- Standard fee: ₱75–₱100 per name, plus ₱25 documentary stamp.
- Processing: 1–3 working days (manual docket search).
For eCourt‑enabled stations (e.g., Manila, Makati, Quezon City RTCs):
- Use public eCourt Kiosk to search by name or case number.
- Print a transaction summary then ask OCC for certified true copy if needed.

C. Prosecutor’s Office Check

File a written request citing DOJ Circular 70‑2000 (records disclosure).
Pay certification fee (₱50–₱115).
Receive I.S. docket search result; for pending cases still under review, status may read “For Resolution.”

D. Ombudsman & Sandiganbayan (for Public Officials)

Office	Document	How to Request
Ombudsman	Certification of Non‑Pendency (Form OCD‑1)	Submit letter, data sheet & ₱200 fee; release within 5 WD
Sandiganbayan	Docket Verification	Present ID, pay ₱50 search fee; same‑day

E. PNP Blotter & Arrest‑Warrant Check

Local station blotter: Request extract (₱75) citing PNP Memorandum Circular 2020‑035.
Arrest‑warrant validation: Ask the station’s Warrant and Sub‑poena Section (WSS) or apply before RTC/OCC; some regions pilot E‑Warrant kiosks.

F. Bureau of Immigration Derogatory Certification

Submit notarized request + authorization if on behalf of another.
Pay ₱500 plus legal research fee.
Receive clearance indicating hits (e.g., Hold Departure Order due to pending case).

5. Remote & Electronic Options

Platform	Scope	Access Notes
Judiciary e‑Payment Portal / ECourt Online	Pilot Metro courts; docket & payment	Parties & lawyers need generated reference number
eFOI portal (foi.gov.ph)	Any executive‑branch office incl. DOJ, PNP	Must justify request; 15 WD response time
Philippine e‑Judiciary (JCMS)	Forthcoming nationwide roll‑out	Will allow online case‑status search by parties

6. Data‑Privacy & Ethical Considerations

Legitimate purpose test. Always state reason: employment screening, litigation preparation, credit review, etc.
Proportionality. Seek status, not sensitive narrative facts unless essential.
Consent or court order is ideal when seeking detailed records (affidavits, medical reports).
Criminal liability (DPA Sec. 28) for misuse of data—avoid public posting.

7. Common Pitfalls & How to Avoid Them

Pitfall	Explanation	Mitigation
Relying solely on NBI clearance	Database lag or mis‑tagged names	Combine NBI with OCC certificate
Searching only one locality	Accused may have cases elsewhere	Check cities of residence, work, and crime venue
Name variations	“Juan Dela Cruz” vs “Juanito Dela Cruz Y Reyes”	Verify birth date, middle name, aliases
Assuming dismissed means cleared	Prosecution dismissal may still be on appeal	Ask for finality certificate or CA status

8. Templates

**Sample Letter — Request for Court Certification**

Date: _____________

The Clerk of Court
Regional Trial Court Branch ___
[City], Philippines

Re: Request for Certificate of No/With Pending Criminal Case – [Full Name], [DOB]

Dear Ma’am/Sir:

Pursuant to Article III §7 of the Constitution, Rule 135 §7 of the Rules of Court, and for legitimate purpose (employment pre‑screening), kindly issue a Certification stating whether Mr./Ms. [Name] has any pending criminal case in your docket.

Attached are:
1. Photocopy of my government ID;
2. Copy of the subject’s valid ID and written consent (if required);
3. Official receipt for certification fee.

Thank you.

Respectfully yours,
[Signature]

9. Frequently Asked Questions

Question	Answer
Can I check another person’s NBI record?	No. Only the person concerned may apply. Instead, ask them to furnish an NBI Clearance or go through court/prosecutor certification routes.
Does a dismissed case still appear?	Yes, until the clerk annotates the dismissal and issues an entry of judgment. You may request a Certificate of Finality.
Are background‑check firms legal?	Yes, if they comply with the DPA and obtain information through lawful channels (court dockets, client‑provided clearances).
How long before a new filing appears in NBI?	Typically 1–3 months, depending on the court’s reporting routine.

10. Practical Checklist

☐ Gather full legal name, middle name, aliases, birth date
☐ Decide scope (city of residence, work, crime venue)
☐ Obtain NBI Clearance (baseline)
☐ Request OCC Certification from each likely court level
☐ Ask Prosecutor’s Office for I.S. docket verification
☐ For public officials, add Ombudsman & Sandiganbayan checks
☐ Retrieve Immigration Derogatory Record if travel or expatriate concerns
☐ Document all certifications; note validity period (usually 3–6 months)

Conclusion & Take‑Away

Verifying pending criminal cases in the Philippines is multi‑tiered. No single database is definitive; a layered approach—NBI, prosecutor, courts, and special tribunals—yields the most reliable picture. Always balance transparency with data‑privacy safeguards, and consult counsel for complex situations.

This article provides general information and does not constitute legal advice. For specific cases, consult a Philippine lawyer.

How to Check for Pending Criminal Cases Against a Person in the Philippines