In the Philippine legal system, being unaware of a pending criminal case or an outstanding warrant can lead to unexpected arrests, travel restrictions (Bureau of Immigration alerts), and complications in obtaining government clearances.
Whether you are conducting a personal "due diligence" check or have reason to believe a complaint has been filed against you, here is the comprehensive guide on how to verify your legal standing.
1. Primary Method: Obtaining an NBI Clearance
The National Bureau of Investigation (NBI) maintains a central database of criminal records across the Philippines. This is the most effective first step.
- The Process: Apply for a clearance via the NBI Clearance Online Portal.
- The "Hit": If your application is delayed and you are asked to return for a "quality check," it often indicates a "hit." This means a person with the same name (or you specifically) has a record or a pending case.
- Verification: If you have a hit, an NBI researcher will verify if the record belongs to you. If it does, and the case is active, they will typically require a court clearance showing the status of the case before issuing the NBI clearance.
2. Verification via the Police (PNP)
The Philippine National Police (PNP) maintains the National Police Clearance System (NPCS).
- E-Sumbong and Physical Verification: You can visit the warrant section of your local police station or the PNP headquarters (Camp Crame).
- The Risk: Unlike the NBI process, if you walk into a police station to check for a warrant and one actually exists, the police are legally obligated to serve that warrant and arrest you on the spot.
3. Checking with the Courts
Criminal cases are filed in the Municipal Trial Courts (MTC), Metropolitan Trial Courts (MeTC), or Regional Trial Courts (RTC) where the crime was allegedly committed.
- Office of the Clerk of Court (OCC): You can visit the OCC of the city or municipality where you suspect a case might have been filed. They maintain a docket of all cases raffled to different branches.
- Requesting a Certificate of No Pending Case: You may formally request this document. If a case exists, the search will reveal the case number and the specific branch handling it.
4. Checking with the Prosecutor's Office
Before a case reaches the court, it undergoes Preliminary Investigation at the Office of the City or Provincial Prosecutor.
- Subpoena: If a complaint is filed, the Prosecutor’s Office will issue a subpoena to your last known address, requiring you to submit a counter-affidavit.
- Manual Inquiry: If you suspect a complaint was filed but you haven't received a subpoena (perhaps due to a wrong address), you can check the records section of the Prosecutor’s Office in the locality where the incident occurred.
Key Legal Documents to Look For
| Document | Purpose |
|---|---|
| Information | The formal criminal charge filed by the Prosecutor in court. |
| Warrant of Arrest | An order issued by a judge commanding law enforcement to take you into custody. |
| Alias Warrant | Issued when the original warrant was not served and has expired (usually after 10 days). |
| Minutes of the Hearing | Shows the current status/progress of an active court case. |
Crucial Reminders
The Bureau of Investigation (BI) Watchlist
If a criminal case is already filed in court, the complainant may move for the issuance of a Precautionary Hold Departure Order (PHDO) or a Hold Departure Order (HDO). You can check your status with the Bureau of Investigation, though this is usually done at the airport or through a formal request at the BI main office in Intramuros.
The "Same Name" Problem
It is common for individuals to have a "hit" because they share a name with a person who has a criminal record. In this instance, you will need to secure an Affidavit of Denial or a Certificate of No Match from the relevant agency to clear your name.
Legal Representation
If you discover an active warrant, it is highly inadvisable to remain a "fugitive from justice." Finding a lawyer is the priority. A lawyer can:
- Verify the existence of the warrant without you being physically present (avoiding immediate arrest).
- Check if the offense is bailable.
- Assist in the "voluntary surrender" process and the posting of bail to gain temporary liberty.