How to Verify Pending Criminal Cases Against a Person

A Comprehensive Philippine Legal Guide

1 Why verification matters

Employers, lenders, immigration lawyers, government officers, and ordinary citizens all need reliable ways to confirm whether someone faces an unresolved criminal charge. In the Philippines, nothing in law automatically compels courts or prosecutors to publish every case in a single, public-searchable list, so verification usually means piecing information together from several official repositories. Done correctly, it protects:

Due diligence – guarding businesses and government from fraud or negligent hiring.
Fairness – giving people notice of accusations that might affect their liberty or reputation.
Rule-of-law values – ensuring the justice system remains transparent while balancing privacy.

2 Governing legal framework

Source	Key provisions relevant to record access
1987 Constitution	Art. III sec. 7: The right of the people to information on matters of public concern; Art. III sec. 14: rights of the accused (including presumption of innocence).
Rules of Court	Rule 136 §2 (Clerk of Court’s duty to maintain docket), Rule 135 §7 (public nature of court proceedings, subject to limitations).
Republic Act 10389 (Court Clearance Act)	Establishes a uniform system and fees for certificates of “No Pending Case/No Record of Conviction.”
Data Privacy Act of 2012 (RA 10173)	Protects “personal information”; criminal records remain “sensitive” data requiring legitimate purpose or consent, but courts enjoy an exemption when release is necessary to fulfil constitutional transparency.
Executive Order 2 (2016) (FOI Executive Order)	Operationalizes the constitutional right to information for the Executive branch (including DOJ, NBI, PNP); courts issue their own guidelines.

3 Where criminal-case information resides

Trial-court docket books (MTC, MTCC, MCTC, RTC, & Family Courts)
- Maintained by the Office of the Clerk of Court (OCC).
- Each case is logged with docket number, names of parties, offence, and status (e.g., “pre-trial,” “for promulgation,” “archive”).
eCourts / Judicial Case Management System (JCMS)
- Electronic docket for 296 courts in major cities.
- Limited public kiosk search; full details viewable only inside the courthouse.
Prosecutor’s Office Records
- National Prosecution Service (NPS) keeps case folders from filing of complaint until information is filed in court or dismissed.
- “Certification re: Pending Preliminary Investigation” may be requested under DOJ Circular 70 (1993).
National Bureau of Investigation (NBI) Information & Communications Technology Service
- Central hits database consolidates arrest warrants, convictions, and pending cases forwarded by courts and law-enforcement units.
- Reflected in the widely used NBI Clearance.
Philippine National Police (PNP) – Directorate for Investigation and Detective Management (DIDM)
- Warrants Information System and “PNP E-Records” platform; source of Police Clearance.
Sandiganbayan & Office of the Ombudsman (for corruption cases)
- Sandiganbayan docket is open to the public; Ombudsman keeps administrative/criminal complaint files (some remain confidential until probable cause is found).
Supreme Court & Court of Appeals
- Decisions and minute resolutions are posted online; however, an appeal does not erase the trial-court docket entry.
Bureau of Immigration (BI)
- Publishes Look-out Bulletin Orders (LBO) and Hold-Departure Orders (HDO) when issued by DOJ or courts—useful red flags but not definitive proof of a criminal charge.

4 Five primary verification methods

4.1 Request a Court Clearance

Legal basis: RA 10389 + OCA Circular 114-2016 (uniform schedule of fees). Where: OCC of the individual’s city/municipality of residence and any locale where the alleged offence may have been filed. Process:

Personal appearance (authorized representative allowed with SPA).
Accomplish application form; state purpose (e.g., employment, visa).
Present ID and pay ₱50 – ₱100 per court level.
Clerk checks physical docket + eCourt; issues certificate stating:
- “No Pending Criminal Case,” or
- Docket number(s) and status if case(s) exist.

Tip: Because each court is independent, you must secure separate clearances from MTC and RTC, and from each city/municipality relevant to the person’s domicile and activities.

4.2 Secure an NBI Clearance

Scope: Nationwide consolidated hits (convictions, warrants, pending informations). Procedure (post-2017 online system):

Register via clearance.nbi.gov.ph → choose “Purpose.”
Pay ₱130 + e-payment service fee.
Biometrics capture at an NBI center; wait for “HIT?” result.
If “NO HIT,” clearance printed on the spot (infers no pending case notified to NBI).
If “WITH HIT,” applicant returns for an NBI Quality Control Interview; if the hit refers to the same person and the case is pending, the clearance will reflect “PENDING” with docket details.

NBI clearances are accepted by most employers and foreign embassies, but they only reflect data forwarded to the bureau; newly filed or un-forwarded cases might not appear.

4.3 Obtain a Police Clearance (nationally rolled-out 2021)

Now integrated with the PNP’s Automated Biometric Identification System (ABIS). Often faster but less comprehensive than the NBI database. Best used to double-check recent local filings before they reach NBI.

4.4 Request a Prosecutor’s Certification

For complaints still under preliminary investigation (i.e., before information is filed in court). Submit a written request to the city/provincial prosecutor stating legitimate interest; attach authorization if verifying another person. Fees range from ₱75 – ₱200. The certification states whether a complaint docket exists, its current stage, and whether probable cause has been found.

4.5 Search Appellate-court online rolls

The Supreme Court, Court of Appeals, Sandiganbayan, and CA Mindanao station maintain online case-status portals (names searchable). While they reveal appeals and special civil actions, they may uncover criminal matters that have progressed beyond the trial court.

5 Supplementary due-diligence techniques

Technique	Added value	Caveats
Court visit & docket inspection	Direct viewing of the criminal docket (often bound ledgers).	Time-consuming; some courts require motion & judge’s approval for third parties.
BARANGAY CLEARANCE	Shows blotter complaints that never matured into charges (useful character reference).	Not proof of a criminal case; purely administrative.
Media/archive checks	May surface high-profile indictments not yet in docket (e.g., DOJ press releases).	Risk of misidentifying homonyms; verify with court records.
Private background check services	Aggregate multiple sources for employers.	Must comply with Data Privacy Act; still rely on official clearances for final confirmation.

6 Data-privacy and ethical considerations

Legitimate purpose – Under RA 10173, you must have consent or a lawful ground (e.g., employment processing under Labor Code, litigation preparation).
Proportionality – Collect only data necessary for the stated purpose; avoid over-disclosure (e.g., do not publish minor’s full docket information).
Accuracy & update duty – Agencies must correct or update records when a case is dismissed or expunged; requestors should note disposition dates.
Presumption of innocence – Pending case ≠ guilt; anti-discrimination laws (RA 10911 and DOLE Dept. Order 153-16) remind employers to weigh relevance and gravity of charges.

7 Special categories and limitations

Juvenile cases (RA 9344 as amended): Records are automatically confidential; only parties and authorised government agencies may verify.
PLEA-BARGAINED or provisionally dismissed cases: Still appear as pending until the court issues final order of dismissal; clearances may reflect “archived.”
Sealed or expunged records: Rare in Philippine practice, but courts can seal sensitive testimony (e.g., child-sexual-abuse victims); a standard clearance will return “No Record.”
Regional conflicts & unreported remote-area filings: Clerks in some far-flung municipalities keep handwritten logs unlinked to eCourts; personal verification or barangay liaison may be necessary.

8 Step-by-step consolidated verification workflow

Scenario: A Manila-based employer wants to check an applicant who previously lived in Cebu City and Baguio.

Step	Action
1	Gather full legal name, aliases, date/place of birth, and last three addresses.
2	Apply online for an NBI Clearance; if “NO HIT,” proceed but still perform site-specific checks.
3	Request RTC and MTC Court Clearances in Manila, Cebu City, and Baguio (three locales × two court levels = six certificates).
4	If job is govt-related or fiduciary, request a Sandiganbayan clearance (email docket section; attach authorization).
5	File a written request with the City Prosecutor’s Offices of each locale for any pending preliminary-investigation docket.
6	Cross-check the person’s name in the Supreme Court and Court of Appeals case-status portals.
7	Document results; if a pending case appears, assess its nature and ask the applicant for disclosure or case documents.

Total cost ~₱2,000; timeline 7-14 days (longer if records are in remote courts).

9 Frequently asked practical questions

Q1 – Is an NBI “Hit” automatically disqualifying? No. A “Hit” simply means the bureau found a record similarity. After the Quality Control Interview, the clearance may still be released with the remark “No Criminal Case.” Employers should wait for the final result or ask the applicant to submit a court certification of dismissal.

Q2 – Can I verify someone else’s records without their consent? Yes, if you have a legitimate purpose recognized by law (e.g., ongoing lawsuit, credit evaluation). Some clerks require a notarized request explaining the legal basis; others demand the subject’s signed authorization.

Q3 – How quickly are new cases forwarded to NBI? There is no uniform rule; forwarding can take weeks to months. Hence, local court clearance remains the gold standard for freshly filed informations.

Q4 – Do expunged or acquitted cases disappear from NBI? Acquittals and dismissals should be annotated “cleared” in the NBI database upon receipt of the decision. In practice, clerical delays occur; the concerned party may file an NBI Form 5 (Request for Correction) with certified true copy of the judgment.

10 Key takeaways

No single master list – verification requires triangulating from court, prosecutor, police, and NBI sources.
Court clearance + NBI clearance delivers the most reliable nationwide snapshot.
Privacy law compliance and respect for presumption of innocence are paramount; use data strictly for legitimate purposes.
Timeliness matters – databases update at different speeds; recent filings may surface only in local dockets.

By following the layered approach outlined above, private citizens and institutions can confidently confirm whether a person has a pending criminal case in the Philippines—balancing diligence with respect for individual rights.