Methods to Verify Pending Criminal Cases in the Philippines
(A practitioner-oriented guide, April 2025)

1. Why “pending-case” verification matters

Due-diligence: pre-employment, immigration, bank KYC/AML, government security clearance.
Litigation strategy: checking if a potential witness, client, or opponent is facing other prosecutions that may affect credibility or leverage.
Compliance: requirements in public bidding (GPPB), firearms licensing, SEC fit-and-proper tests, and court-ordered bail evaluations.

Failure to discover a pending case can have legal consequences (e.g., estafa victim cannot validly compromise without listing all ongoing cases; a public official who fails to disclose can face administrative liability).

2. Key stages where a “case” can exist

Stage	Body keeping the record	Typical document
1. Pre-filing (complaint received)	National Prosecution Service (NPS) / City or Provincial Prosecutor	Investigation docket (e.g., I.S. No. 23-12345)
2. Filed in court but not yet terminated	Trial court clerk of court	Criminal case docket (e.g., Crim. Case No. RTC-2024-086)
3. On appeal	Court of Appeals (CA) or Sandiganbayan	CA-G.R. CR-H.C. or SB-CRM docket
4. On further review	Supreme Court	G.R. docket
5. Post-conviction	Bureau of Corrections, BJMP, Parole & Probation Admin.	Commitment order / PDL record

A negative result at one stage does not guarantee absence of a case in the others, so each must be queried as needed.

3. National background-check tools

Tool	Scope	How to request	Notes
NBI Clearance (RA 10867)	All criminal convictions and pending cases that reached court, nationwide	Online application → biometrics at any NBI center	Flags “HIT” if a namesake record exists; subsequent manual verification takes ≈ 3–10 days.
PNP Police Clearance (PNP MC 2021-065)	Local blotters + nationwide PNP Criminal Investigation and Detection Group (CIDG) wanted-persons list	Online National Police Clearance System or city/municipal police station	Cheaper & faster (≈ 30 min) but does not cover prosecutor-level or court-level dockets outside PNP’s databases.
Warrant Information System (WIS)	Outstanding warrants only	Accessible to law-enforcement; parties must route request through counsel, court, or subpoena	Helpful to confirm if an unserved warrant still exists even after arraignment.

4. Prosecutor-level verification (cases before court filing)

Identify proper office: The complaint is lodged with the City/Provincial Prosecutor where the offense occurred (Rule 110, Sec. 15, Rules of Criminal Procedure).
Request a Certificate of No/With Pending Case (DOJ Circ. 70-2000):
- Submit letter-request citing legitimate purpose and Data Privacy Act (DPA) lawful basis (Art. III § 7, 1987 Constitution; RA 10173, §§ 12–13).
- Attach government-issued ID and, if requester is an employer/lawyer, a notarized authorization.
Processing time: 3–5 working days (rush “expedite” optional fee in some offices).
Appeals to DOJ: If investigation is on petition for review, also verify with the DOJ Prosecution Staff (DOJ Dept. Order 223-22).

5. Trial-court docket verification

A. First- and second-level courts (MTC/MTCC/MCTC & RTC)

Manual: Go to the Office of the Clerk of Court (OCC) with a written request. Provide:
- Complete name (with aliases if known), birth date, and any previous addresses;
- Purpose & DPA compliance statement;
- Court fee (≈ PHP 50–200 per certification).
eCourt platform: As of April 2025, eCourt covers all Metro Manila RTCs & first-level courts, plus 63 pilot courts nationwide (OCA Circ. 269-2024). Lawyers enrolled in Judiciary ePayment System (JePS) can search using the case number or party name; laypersons must request assistance from the OCC.

B. Sandiganbayan (for public-office-related offenses, RA 3019, etc.)

File a request with the Judicial Records Division or email records@sandiganbayan.gov.ph (per SB Adm. Order 048-2023).
Certification fee: PHP 200; result released in 1–3 days.

C. Court of Appeals & Supreme Court

Use publicly available docket search portals (sc.judiciary.gov.ph and ca.judiciary.gov.ph/docket). Party-name search is limited; if in doubt, visit the Division Clerk of Court and request a certified machine copy of the docket.
CA/SC dockets reveal appealed criminal cases or petitions (e.g., Rule 45).

6. Ombudsman and quasi-courts

Body	Jurisdiction	Record sought	How to obtain
Office of the Ombudsman (OMB)	Criminal complaints vs. public officials (OMB Act, RA 6770)	OMB-Crim docket	Request at Central Records Division with letter + ID; 5-day processing.
Ombudsman’s Military & Luzon/Visayas/Mindanao Field Offices	Same, region-specific	Same	Same process, shorter queues.
Ombudsman-approved Information Desk (OAO-MC 01-2024)	Email queries allowed if sender is a party or authorized representative.

7. Barangay justice (Katarungang Pambarangay)

Not a “criminal case” yet but a complaint can ripen into one. Check the Barangay Lupon Secretary’s Logbook for pending Punong Barangay mediations or Pangkat arbitrations.
Certificates of non-settlement (“CNS”) are valid for 15 days; if still within the period, the verification will show the dispute is actively pending.

8. Immigration & hold-departure look-ups

Bureau of Immigration (BI) issues Watchlist / Hold-Departure Order (HDO) / Immigration Lookout Bulletin Order (ILBO) records only to courts, prosecutors, or the person named (BI OI-S-I-ICI-2015-001).
An HDO or ILBO almost always means there is a criminal case or preliminary investigation on-going.

9. Data-privacy & procedural safeguards

Lawful basis: “Legitimate interest” (DPA § 12(f)) or “compliance with a legal obligation” (DPA § 12(c)).
Minimum data rule: Request only what is necessary (NPC Advisory 2020-03).
Security measures: Keep certifications in secure, access-controlled files; destroy once no longer necessary (NPC Circular 2022-01).
Right to dispute: The data subject may seek correction under DPA § 16(d) if a certificate incorrectly states a pending case.

10. Practical verification workflow (for lawyers/employers)

1. Collect identifiers → 2. Run NBI & National Police Clearance in parallel
      ↳ HIT? proceed to step 3                ↳ No HIT? proceed to step 4
3. Verify at Prosecutor’s Office (if “I.S.” docket) *and* trial court (if “Crim” docket)
4. Cross-check Sandiganbayan, Ombudsman (for public-sector roles)
5. For sensitive positions, add: WIS check via PNP liaison + BI HDO/ILBO check
6. Document everything; issue internal clearance memo or flag issues for further legal review

Timeframe: Minimal set (NBI + PNP) ≈ 1 day. Full due-diligence (all steps) 3–15 days.

11. Common pitfalls

Pitfall	How to avoid
Relying solely on NBI clearance	Always supplement with prosecutor-level or court-level checks for recent filings that have not yet reached NBI.
Name-sake “false HITs”	Provide middle name, birth date, and biometrics; request quality control interview at NBI when HIT appears.
Ignoring appeals	A conviction reversed on appeal may still log as “pending” at lower court if the remand order has not arrived; examine CA/SC dockets.
Overlooking barangay disputes	Ask the applicant directly and secure certification from barangay when the offense is covered by Katarungang Pambarangay.

12. Templates (extracts)

(A) Letter-request to City Prosecutor

Date
Hon. City Prosecutor

RE: Request for Certificate of No/With Pending Criminal Case – [Name]

Sir/Madam:
Pursuant to DOJ Circular 70-2000 and the Data Privacy Act (RA 10173), I respectfully request a Certificate of [No/With] Pending Criminal Case covering the period January 1, 2000 to present. The purpose is pre-employment due diligence. Enclosed are: (1) notarized authorization; (2) photocopy of government ID.

Thank you.

Respectfully,
[Signature]

(B) Court-certificate request form (OCC)
Fill in: Complete name, aliases, address, date/place of birth, purpose (“visa application,” etc.), and submit PHP 200 fee.

13. Fees & timelines (typical Metro Manila rates, 2025)

Office	Fee (PHP)	Standard release	Expedited
NBI Clearance	130	HIT: 3–10 days	none
PNP Nat’l Police Clearance	150	30 min	n/a
City/Provincial Prosecutor Certificate	100–300	3–5 days	24 h (add ≈ 200)
RTC/MTC Court Certificate	50–200	1–2 days	same-day (add ≈ 100)
Sandiganbayan	200	1–3 days	same-day (walk-in)
Ombudsman	200	5 days	none

14. Future developments to watch

eCourt Phase 3 (OCA Circ. 105-2025, effective Q4 2025): Nationwide roll-out with party-name public search.
NBI “CLEAR-ID” app: live QR verification of clearance authenticity, beta-testing in Region VII.
Digital Prosecutorial Management Information System (ProMIS): NPS pilot linking dockets to eCourt to automate case-status updates.
FOI e-request expansion: Under FOI-PMO Memorandum 14-2024, standardized online forms for prosecutor and court clearances expected by 2026.

Key Take-aways

No single database captures every stage of a criminal proceeding; layer your checks.
Observe data-privacy rules—identify a lawful basis and limit data collected.
Document each verification step and keep copies of certificates to defend hiring or compliance decisions.
Stay updated: the judiciary and DOJ are rapidly digitizing records; what requires a physical visit today may soon be online.

By following the foregoing methods and best practices, lawyers, HR professionals, lenders, and ordinary citizens can confidently determine whether criminal cases are pending against an individual anywhere in the Philippines.