In the Philippine legal system, finding out if you are a party to a criminal case is a matter of due process. However, because there is no single, centralized public database where you can simply type your name to see all pending criminal charges nationwide, the process requires navigating specific government agencies.
Whether you are performing a routine background check for employment or have reason to believe a complaint has been lodged against you, here is the comprehensive guide on how to verify your legal standing.
1. Check with the National Bureau of Investigation (NBI)
The NBI Clearance is the most common way to check for criminal records. An NBI "Hit" occurs when a name matches or closely resembles a name in their database of persons with pending cases or criminal records.
- The Process: Apply for an NBI clearance online and schedule an appointment for biometrics.
- What it reveals: If you have a "Hit," the NBI will conduct a "Quality Check." This indicates that there is either a person with the same name who has a record, or you yourself have a pending case or a previously settled one that hasn't been cleared from the system.
- Limitations: It primarily tracks cases that have already reached the court level (where a warrant or Information has been issued) rather than those still at the preliminary investigation stage.
2. Secure a Philippine National Police (PNP) Clearance
Similar to the NBI, the PNP maintains a database of criminal records, specifically those reported at the precinct and district levels.
- National Police Clearance (NPCS): You can apply via the NPCS website. This checks the PNP’s crime database for any active warrants or derogatory records.
- Local Police Clearance: Obtained at your municipal or city police station. This is more localized but useful if you believe a report was filed in a specific jurisdiction.
3. Inquire at the Prosecutor’s Office (National Prosecution Service)
Before a case reaches a judge, it undergoes a Preliminary Investigation (PI) at the Office of the City or Provincial Prosecutor.
- When to check: If a private individual has filed a complaint-affidavit against you but the court has not yet issued a warrant.
- How to check: Visit the Office of the Prosecutor in the city or province where the alleged incident occurred or where you reside. You (or your lawyer) can check the "docket" or "logbook" for any complaints naming you as a respondent.
- Subpoena: Legally, the Prosecutor’s Office is required to send you a subpoena and a copy of the complaint to your last known address, giving you the chance to file a Counter-Affidavit.
4. Check the Records of the Relevant Courts
If the Prosecutor has already found "probable cause," the case is filed in court. Depending on the gravity of the offense, it will be in one of the following:
- Municipal Trial Court (MTC/MTCC/MCTC): For less grave offenses (e.g., slight physical injuries, most B.P. 22 cases).
- Regional Trial Court (RTC): For more serious crimes (e.g., drug cases, murder, estafa involving large sums).
You can visit the Office of the Clerk of Court (OCC) in the specific city where you suspect a case might have been filed. You will need to provide your full name and valid identification.
5. Request a Clearance from the Sandiganbayan
If you are a government official or employee, criminal cases related to graft, corruption, or offenses committed in relation to your office are filed with the Sandiganbayan. You can formally request a clearance from their Judicial Records Division to ensure no such cases are pending against you.
Summary Table: Where to Check Based on Case Stage
| Stage of Case | Government Agency | Purpose |
|---|---|---|
| Early Complaint | Office of the City/Provincial Prosecutor | To see if a complaint-affidavit is under preliminary investigation. |
| Active Warrant | PNP or NBI | To check for "Hits" or outstanding warrants of arrest. |
| Ongoing Trial | Office of the Clerk of Court (MTC/RTC) | To verify if an "Information" has been formally filed in court. |
| Public Office | Sandiganbayan | Specific to graft and corruption cases for public servants. |
Key Legal Considerations
- The Right to Notice: Under the Philippine Rules of Criminal Procedure, you are entitled to be informed of the charges against you. If you discover a case exists but you never received a subpoena, there may have been an issue with the service of process.
- The Role of Counsel: If you suspect a case has been filed, it is highly advisable to engage a lawyer. They can perform these checks on your behalf, especially if there is a risk of an active warrant of arrest, which could lead to immediate detention upon your appearance at a government office.
- Online Verification: Currently, there is no public-facing online portal that allows citizens to browse the entire judiciary's criminal dockets due to privacy laws and security concerns. Physical verification or official clearance applications remain the standard.