Practical and legal guide for checking your status

I. Why it matters to know if you have pending criminal cases

In the Philippines, knowing whether you have a pending criminal case is important for:

Local and overseas employment
Visa and immigration applications
Professional licenses and government appointments
Elections and public office
Avoiding surprises at airports or during background checks

Even if you believe you’ve never been charged, you might still want to verify, especially if:

You’ve had disputes that might have reached authorities (e.g., bouncing checks, online disputes, business conflicts)
You share a common name with others
You previously had a case you thought was already resolved and want to confirm its status

This article explains, in the Philippine context, how to check if you have pending criminal cases, what “pending” really means, and what each type of clearance or verification can and cannot show.

II. What counts as a “pending criminal case”?

Before you check, it helps to understand what you’re looking for.

A criminal case is pending in court if:

A criminal Information or complaint has been filed in a court (e.g., MTC/MeTC or RTC),
The case has been docketed (has a case number), and
There is no final termination yet, meaning:
- No final acquittal or conviction that has become final and executory, and
- No final dismissal.

This is different from:

A complaint pending with the prosecutor’s office (still at preliminary investigation stage, not yet a court case).
A police blotter entry (record of an incident, not automatically a criminal case).

So when you verify, you may want to check both:

Pending criminal court cases, and
Pending criminal complaints with prosecutors or law enforcement units.

III. Main ways to verify if you have pending criminal cases

There is no single master database you can walk into and query for “all possible pending cases” at every level, but you can build a reliable picture using a combination of these methods:

NBI clearance
Local police clearance
Court clearances (MTC/MeTC and RTC)
Verification with Prosecutor’s Offices
Checks with special bodies (e.g., Ombudsman, Sandiganbayan) if relevant
Consultation with a lawyer for deeper, nationwide checking

IV. NBI clearance: Nationwide criminal record check

1. What NBI clearance shows

An NBI clearance is one of the most commonly used tools to check for pending criminal records nationwide. It checks:

Criminal cases filed in many (though not absolutely all) courts
Some records from prosecutors and law enforcement agencies
Records of individuals with the same or similar name

The clearance will typically show either:

“No Record” – no hit under your name in their database
A “HIT” – meaning there is a record (which may or may not be you; it could be a namesake)

2. What a “HIT” means

If you get a HIT, it does not automatically mean:

You are a criminal
You have been convicted
You definitely have a pending case

It may mean:

Someone with the same or similar name has a case or record
You have an old case that was dismissed or decided, but still appears in the system
You have a pending case that needs clarification

When there is a “HIT,” the NBI may:

Ask you to return after a certain date
Require you to submit additional documents
Instruct you to get court clearances from specific courts where a case with your name appears

Once clarified, the NBI may annotate that the record does not refer to you, or that a case has already been dismissed or decided, then issue your clearance.

V. Local police clearance: City/municipal level check

1. What police clearance covers

A police clearance is usually issued by the city or municipal police station where you currently reside (or sometimes where you previously resided or worked). It typically checks:

Local police blotter entries
Local warrants or records accessible to that station

It is local, not national.

2. Why it’s still useful

It helps you verify if there are police entries or complaints under your name in that area.
Some employers and agencies require both:
- Police clearance (local), and
- NBI clearance (national)

A police clearance alone does not guarantee that you have no pending criminal case nationwide, but it is a good part of your overall verification.

VI. Court clearances: Checking directly with the courts

If you want a more precise check, especially after a HIT, you should consider court clearances.

1. Where cases are usually filed

Criminal cases are usually filed in:

Metropolitan Trial Court (MeTC) / Municipal Trial Court (MTC)/MTCC/MCTC – for less serious offenses (lower penalties)
Regional Trial Court (RTC) – for more serious crimes (higher penalties)

Each court keeps its own docket, and there is no single public nationwide portal that covers every case in all courts.

2. How to get a court clearance

You can request a court clearance from:

The Office of the Clerk of Court (OCC) of:
- The MTC/MeTC for a city/municipality
- The RTC for a province/city/branch cluster

Typical requirements (which may slightly vary):

Personal appearance at the OCC
Valid government-issued ID
Accomplished application form (with your full name, aliases, birthdate, address, and purpose)
ID photos (1x1 or 2x2)
Payment of fees (clearance/certification fee and legal research fund, sometimes documentary stamps)

3. What the court clearance will say

The clearance will typically:

Certify that you have no pending or decided criminal case in that specific court; or
List down any case where you are a party, indicating:
- Case number
- Case title
- Nature of the offense
- Status (pending, decided, dismissed, archived)

If you want to be thorough, you may:

Secure both MTC and RTC clearances in each locality you lived, worked, or may have had complaints in.

While it can be time-consuming, this is one of the most direct ways to check for actual court-filed pending criminal cases.

VII. Prosecutor’s offices: Checking pending complaints

Remember, not all criminal matters reach the courts immediately. Many start and remain at the prosecutor level.

1. What might be pending there

At the Office of the City/Provincial Prosecutor, there may be:

Criminal complaints under preliminary investigation
Complaints dismissed, under review, or for filing in court
Petitions for review to the Department of Justice (DOJ)

These are not yet court cases but are still criminal matters that can affect you.

2. How to verify

You (or your lawyer) can:

Go to the Office of the Prosecutor where you suspect a complaint might be pending (often where an incident occurred or where you lived/worked)
Inquire at the docket section if there are any cases or complaints filed under:
- Your full name
- Any known aliases or name variations

Some prosecutor’s offices may require:

A written request or letter
Valid ID
Sometimes an authorization or SPA if someone is checking on your behalf

They can confirm if:

There is a pending complaint
It has been dismissed, filed in court, or is still under review

This is especially important if you:

Have received a subpoena or notice in the past
Were involved in disputes that were threatened to be brought to the prosecutor

VIII. Special bodies: Ombudsman, Sandiganbayan, and others

If you are, or were:

A public official or employee,
Involved in matters relating to public funds, graft, or official acts,

You may also want to check:

Office of the Ombudsman
- Handles administrative and criminal complaints against public officials and employees
- Complaints can be pending at investigation, prosecution, or review stages
Sandiganbayan
- Tries criminal cases related to graft, corruption, and public office

Verification here is more specialized, and usually:

Best done through a lawyer, or
Direct written request or inquiry to the concerned office

IX. Common scenarios and how to handle them

Scenario 1: You’ve never been involved in any case, but want to be sure

A practical sequence:

Get an NBI clearance.
Get a police clearance from your city/municipality.
If you want to be extra safe:
- Get RTC and MTC court clearances from your place of residence and prior residence.

If all these show no records or cases, it is a strong indication that you do not have pending criminal cases in those areas and registered databases.

Scenario 2: You get an NBI “HIT”

Steps:

Ask the NBI what court or agency the HIT relates to (they will often specify a court or case).
Go to the indicated court and request a court clearance / certification:
- If it’s a namesake, ask for a certification that you are not the same person (e.g., compare birthdates, photos, addresses).
- If it is truly you, confirm the status (pending, dismissed, decided).
Return to the NBI with the court certification so your record can be updated or clarified, then obtain your clearance.

This process can reveal whether you currently have a pending case or an old case that has already been resolved.

Scenario 3: You previously had a case and want to know if it’s still pending

If you know the court and case number:

Go directly to that court’s Clerk of Court.
Request:
- A status update from the docket, and/or
- A certification indicating whether the case is:
  - Pending
  - Dismissed
  - Decided (with details on conviction/acquittal)
If the case was appealed:
- Check with the Court of Appeals or even the Supreme Court, depending on where it went.

You can also:

Ask your former lawyer for updates, or
Ask a new lawyer to verify the status formally.

Scenario 4: You suspect someone filed a complaint but you received no subpoena

It is possible (e.g., wrong address, unserved subpoena). To check:

Identify where the complaint is most likely to have been filed, usually:
- Where the alleged incident happened
- Where you or the complainant reside
Visit or contact the Office of the Prosecutor in that area and inquire by name.
Optionally, request clearances from courts in that area and check if any criminal case has already been filed based on that complaint.

X. Limitations of each method

No single method is perfect:

NBI clearance
- Very broad, but may lag in updates or mis-tag namesakes.
Police clearance
- Limited to a specific locality.
Court clearances
- Limited to that specific court station; you might have to do several if you’ve lived/worked in different cities.
Prosecutor checks
- Limited to complaints handled by that office.
Special bodies
- Only relevant if you are in certain sectors (e.g., public office, regulated professions).

For most individuals, a combination of NBI + police + key court clearances gives a reasonably reliable picture of whether there are pending criminal matters involving them.

XI. Role of a lawyer

While you can do many of these steps yourself, a lawyer can help if:

You already know of cases but are uncertain about their status
You want to check for nationwide exposure in a more systematic way
There are complexities, such as:
- Cases under appeal
- Confusion caused by namesakes
- Interlinked criminal, civil, or administrative cases

A lawyer can:

Use formal written inquiries to courts and agencies
Examine case records in detail
Advise on the implications of any pending cases found
Assist in clearing or resolving those cases (e.g., motions to dismiss, clarifications, or settlement discussions where appropriate)

XII. Final reminders

“Pending criminal case” means a criminal case that has been filed in court and is not yet finally terminated. Complaints at the prosecutor level are not yet court cases but are still important to know.
To verify your status, you can combine:
- NBI clearance
- Police clearance
- Court clearances (MTC/MeTC and RTC)
- Prosecutor’s office verification
A HIT in NBI or any “record found” outcome should be followed up with court or prosecutor checks to confirm whether:
- The case is pending,
- Dismissed,
- Or decided.
If in doubt—especially if you discover an actual pending case—seek guidance from a Philippine lawyer so you can respond properly, protect your rights, and avoid bigger problems later.

Knowing your own legal “status” is not just about compliance; it’s about being prepared, avoiding surprises, and taking steps, when needed, to resolve issues before they become crises.