Here’s a practical, Philippine-specific guide to checking whether a person (including you), or a company, has a pending criminal or civil case—what “pending” actually means, where and how to verify, what documents to ask for, and how to avoid common mistakes. (Standard disclaimer: general information, not legal advice.)
What “pending case” means (criminal vs. civil)
Criminal
- Investigation stage (Prosecutor): A complaint has been filed with a City/Provincial Prosecutor (or DOJ). The matter has an I.S. No. (Investigation Slip/Case No.) and is awaiting resolution or in preliminary investigation (PI) or reinvestigation.
- Court stage: An Information has been filed with an MTC/MTCC/MeTC, RTC, Sandiganbayan, etc. The case bears a Criminal Case No. (e.g., “Crim. Case No. R-QZN-XX-XXXXX”). Warrants/hold orders may exist.
Civil
- Filed with an MTC/RTC (or small claims) and docketed with a Civil Case No. (e.g., “Civil Case No. R-QZN-XX-XXXXX”). “Pending” means not yet finally dismissed or terminated (i.e., no Entry of Judgment/Certificate of Finality).
Quasi-judicial (often overlooked)
- Labor (NLRC), securities (SEC), insurance (IC), housing (HSAC/DHSUD), energy (ERC), competition (PCC), etc. These are not “criminal/civil” courts, but many background checks include them because they can impose money judgments or penalties.
The quick map: where to check and what you’ll see
Name-based clearances (good first pass, not exhaustive)
- NBI Clearance (for individuals): Flags possible “HITs” if your name matches someone in its database (court cases, warrants, etc.). A HIT triggers verification/adjudication; bring IDs and supporting documents (dismissal orders, certificates of finality) to clear homonyms.
- PNP Clearance (for individuals): May reflect local police blotter entries or pending cases in its system; coverage varies.
Prosecutor’s Office (criminal, investigation stage)
- Ask for a search by name and by I.S. No. (if you have it). A case is “pending” if under preliminary investigation, reinvestigation, or for resolution. Request a Certification of case status if needed. Bring a government ID; for third-party checks, bring an Authorization Letter/SPA.
Trial Courts (criminal and civil, court stage)
- Office of the Clerk of Court (OCC) or the branch where you think the case might be: search by name, case number, or party. Ask for case status, next settings, and certified copies (Order, Minutes, or Certification).
- Many courts are on electronic case management systems (e.g., eCourt in select stations). Treat online info as indicative—the branch docket and minutes are the source of truth.
Appellate Courts (if the case has gone up)
- Court of Appeals, Sandiganbayan, Supreme Court have public dockets/status pages. For official proof, secure a certified true copy or Entry of Judgment from the relevant clerk.
Quasi-judicial bodies (as applicable)
- NLRC (labor), SEC (corporate/securities), IC (insurance/pre-need), HSAC (subdivision/condo disputes), etc. Inquire through their docket or records units for case status certifications.
Warrants, HDOs, and watchlists (criminal only)
- Warrants of Arrest are issued by courts. Verification is done with the issuing court or through counsel with law enforcement liaison units (e.g., PNP Warrant Section).
- DOJ Hold Departure Orders (HDO)/Immigration Lookout Bulletin Orders (ILBO): Check via counsel with DOJ/BI; these are not publicly searchable in detail, but you may obtain confirmation through official request channels.
How to do it (step-by-step)
A. For your own name (individual)
Run an NBI Clearance. If HIT, complete adjudication. Bring any dismissal/acquittal orders; the adjudicator can annotate your record to avoid future false positives.
Check places tied to your life. Visit or call the Prosecutor’s Office and OCC in:
- Your current/previous residence city/municipality;
- Where you work(ed);
- Where relevant transactions occurred (venue is often where any element happened). Ask for a name search and case status certification (fees apply).
If you received a subpoena (prosecutor) or a notice (court): Use the I.S. No./Case No. to pull the latest Order or Minutes and confirm next dates.
If you suspect a warrant: Have counsel verify with the branch (best) or coordinate with PNP/NBI. Do not ignore; voluntary surrender motions and bail planning are time-sensitive.
B. For another person (due diligence)
- Get consent/authority. Under the Data Privacy Act (R.A. 10173), best practice is a signed Authorization with ID.
- Name-based sweep: NBI clearance (with the person’s presence) or request they provide a recent clearance.
- Venue-based checks: Prosecutor and trial courts in likely venues (residence, principal place of business, contract place).
- Quasi-judicial checks where relevant (e.g., NLRC for employers, SEC for companies/agents).
- Ask for primary documents: Docket cover sheet, latest Order, or Certification rather than screenshots/word of mouth.
C. For companies/entities
- Identify the exact legal name and principal office (per SEC General Information Sheet).
- Court checks: OCC in venue where the company is domiciled and where major contracts were executed/performed.
- Quasi-judicial: NLRC (if employer), SEC (cases vs. the corporation/its officers), IC/HSAC as applicable.
- Ask counterparties to provide: recent NBI (for officers), Case Status Certifications, and Affidavits of no pending cases (not conclusive, but useful).
What documents to request (and why)
From Prosecutor:
- Certification of Case Status (states I.S. No., parties, stage: “for resolution/PI/archived/dismissed”).
- Copy of Subpoena/Resolutions/Orders (for timelines and defenses).
From Trial Court:
- Certification of Case Status (lists case number, offense/cause, branch, last/next setting, status).
- Certified true copy of latest Order/Minutes (proof of actual pendency/archival/dismissal).
- Entry of Judgment/Certificate of Finality (to prove the case is no longer pending).
From Appellate Courts:
- Resolution/Decision status and Entry of Judgment.
From NLRC/SEC/others:
- Docket printout and Certification from the Commission/Regional Arbitration Branch or Records Section.
Interpreting statuses (common labels)
- Criminal (Prosecutor): For PI, Submitted for Resolution, Reinvestigation, Dismissed, Filed in Court (with details).
- Criminal (Court): For arraignment, Pre-trial, Trial, For decision, Archived (often due to at-large accused), Dismissed, Acquitted, Convicted.
- Civil: For pre-trial, For mediation/JDR, Trial, For resolution/decision, Dismissed, With compromise, Satisfied/Executed.
- Appellate: Pending comment, Submitted for resolution, Partially granted/denied, Final & executory.
Special situations & tips
- Homonyms / common names: Bring middle name, birth date, and IDs. Ask that certifications reflect full identifiers to avoid false positives.
- Maiden/married names & aliases: Search all variants used in contracts/IDs.
- Warrants & bail: If a court case shows “warrant outstanding,” plan voluntary surrender and bail application with counsel before appearing.
- Dismissed but still “HIT”: Bring the dismissal order and certificate of finality to NBI for annotation.
- Barangay cases (Katarungang Pambarangay): Not “court cases,” but minutes/settlements there can explain pre-litigation history; LGU retains records.
- Small Claims: Check the MTC in the plaintiff’s venue; they move fast, so ask for the latest Order.
- Confidential matters: Family Court and cases involving minors may have restricted access; expect the court to limit what can be certified.
- Corporate officers: Personal criminal complaints (e.g., estafa, BP 22) may name officers individually; search both the company and key officers.
Data privacy & fair-use reminders (for employers, banks, HOAs, schools)
- Lawful basis: Have consent or a legitimate interest consistent with R.A. 10173; keep searches proportionate to the purpose.
- Minimal disclosure: If you must document a finding, attach official certifications rather than raw dockets with personal data of non-parties.
- Retention: Keep records only as long as necessary; secure them.
- Adverse action: If you’ll act adversely (e.g., deny employment/credit), give the person a chance to explain or correct.
Fees, processing time, and etiquette
- Certifications from Prosecutor/Courts typically have modest fees (per page & documentary stamps).
- Processing ranges from same-day to several working days, depending on office load and whether records are archived.
- Be courteous and specific: provide exact names, birth dates, known case numbers, and likely venues to speed up searches.
Minimal checklists
Individual self-check
- Latest NBI Clearance (and adjudication if HIT).
- Prosecutor search in current/previous residence and transaction venues.
- OCC search in likely trial courts; get Case Status Certification.
- If any case exists, secure the latest Order and calendar date.
Employer/lender due diligence
- Signed Authorization + ID.
- NBI clearance provided by applicant (recent).
- Prosecutor & OCC checks in residence/business venues.
- NLRC/SEC/IC/HSAC checks if relevant to the role/industry.
- Keep certified documents on file; avoid informal screenshots.
Company counterparties
- Confirm corporate name/office (from SEC GIS).
- OCC searches (civil/criminal where relevant).
- NLRC (as employer), SEC (cases against the corporation/officers).
- Ask for no-pending-case affidavit plus supporting certifications.
Templates you can use
A. Authorization Letter (individual → representative)
Date
To: [Office/Branch]
I, [Full Name, Birthdate, ID No.], hereby authorize [Representative’s Full Name, ID No.] to inquire and obtain case status information/certifications regarding any pending criminal or civil cases under my name from your office.
Attached are photocopies of our valid IDs.
Sincerely, [Signature over Printed Name]
B. Request for Case Status Certification (Prosecutor/Court)
Date
Office of the [Clerk of Court/City Prosecutor] [Address]
Re: Request for Case Status Certification – [Name / Company]
Dear Sir/Madam: We respectfully request a certification indicating whether there are pending criminal/civil cases involving [full name/company name, identifiers] as party/accused/plaintiff/defendant in your jurisdiction.
If any, please include case number, title, branch, nature of action/offense, and latest status/order.
We undertake to pay the required fees.
Very truly yours, [Name, Contact, Signature]
Frequently asked questions
Is an NBI “no hit” proof of no pending case? No. It’s a screening tool. Always corroborate with Prosecutor and Court certifications.
Can I check nationwide in one go? There’s no single public, definitive nationwide court database. Cast a venue-based net guided by the person’s residences, workplaces, and transactions—and use NBI to surface leads.
How do I prove a case is no longer pending? Secure the Entry of Judgment or Certificate of Finality (and the Order of Dismissal/Decision) from the court or agency that handled it.
Can I see someone’s warrant online? Treat online lists as non-authoritative. Verification should be done with the issuing court (usually through counsel). Mishandling warrants can be risky—get legal help.
Do civil settlements erase the record? They end the case (usually via dismissal with prejudice), but the case history remains in the docket. Update your NBI record with the dismissal/finality documents if needed.
If you want, tell me whose status you need (your own, an applicant, or a company), plus likely cities/branches and any case numbers you’ve seen. I can turn this into a tight action plan (which offices to visit, in what order, what to request, and how to document it) and draft request letters you can print and use.