In the Philippine legal system, checking for a person’s involvement in criminal or civil litigation is a matter of navigating public records across various government agencies. Whether for employment background checks, property acquisitions, or personal due diligence, there are several formal channels to verify such information.
Below is a comprehensive guide on how to conduct these searches within the Philippine context.
1. Checking for Criminal Records
Criminal cases involve offenses against the State. Records of these cases are centralized at different levels depending on the stage of the proceedings.
The NBI Clearance (National Scope)
The most common way to check for pending criminal cases nationwide is through the National Bureau of Investigation (NBI).
- Purpose: An NBI Clearance indicates if a person has a "hit"—meaning they have a criminal record or a pending case anywhere in the Philippines.
- The "Hit" System: If a name matches a record in the NBI database, the issuance is delayed (usually by 10 days) for manual verification to determine if the case is still active or has been dismissed.
The PNP Police Clearance (Local and National)
The Philippine National Police (PNP) maintains a National Police Clearance System (NPCS).
- Scope: While it primarily checks for records in the PNP’s crime database, it is often used to verify if there are outstanding Warrants of Arrest.
Court Clearances (Specific Jurisdiction)
If you know the specific city or province where the person resides, you can request a Clearance from the Office of the Clerk of Court (OCC) of the Regional Trial Court (RTC) or Metropolitan Trial Court (MeTC/MTC) of that locality.
- Requirement: This usually requires the full name and a formal request or a valid reason for the inquiry.
2. Checking for Civil Cases
Unlike criminal cases, civil cases (e.g., collection of sum of money, nullity of marriage, or breach of contract) do not appear on NBI or Police clearances. These must be searched manually at the courts.
Regional Trial Courts (RTC) and MeTCs
To find a civil case, one must visit the Clerk of Court in the specific station (city or municipality) where the case was likely filed.
- Venue Rules: In the Philippines, civil cases are generally filed where the plaintiff or defendant resides. Therefore, searching the courts in the person's current and previous places of residence is the standard procedure.
- Procedure: You may request a "Certification of No Pending Case" or ask to check the Civil Docket Books.
3. Specialized Searches
Depending on the nature of the inquiry, other agencies may hold relevant information:
- Ombudsman Clearance: Used for public officials to check for pending administrative or criminal cases related to graft and corruption.
- Sandiganbayan: The special court for high-level graft cases. One can request a clearance here if the individual is a high-ranking government employee.
- Supreme Court E-Library / Lawphil / ChanRobles: For cases that have reached the appellate level (Court of Appeals or Supreme Court), you can search for the person's name in published decisions. However, this only covers decided cases, not necessarily those currently pending in lower courts.
4. Online Verification Tools
While the Philippines is transitioning to the Integrated Case Management System (ICMS), not all courts are fully digitized for public access.
- Judiciary Public Info Desk: Some jurisdictions offer kiosks or online portals, but these are often limited to specific pilot courts.
- Third-Party Background Checkers: Private companies offer "due diligence" services. They use "runners" to manually verify records across various court branches, which is the most reliable way to conduct a nationwide civil case search.
5. Privacy and Legal Limitations
It is important to note the following legal nuances:
- Data Privacy Act (RA 10173): Accessing sensitive personal information often requires the consent of the data subject. While court records are generally public, some sensitive cases (such as those involving VAWC or family relations) are strictly confidential and shielded from public view.
- The "Rule of Record": A clearance only shows what has been officially encoded. There can be delays between the filing of a case and its appearance in a centralized database like the NBI’s.
Summary Table: Where to Look
| Type of Case | Primary Office/Agency | Scope |
|---|---|---|
| Criminal (General) | National Bureau of Investigation (NBI) | Nationwide |
| Warrants of Arrest | Philippine National Police (PNP) | Nationwide |
| Local Criminal/Civil | Office of the Clerk of Court (Local RTC/MTC) | Municipal/City Level |
| Graft/Public Office | Office of the Ombudsman | National |
| Appealed Cases | Supreme Court / Court of Appeals | National (Decided cases) |