I. Introduction

In the Philippines, an NBI Clearance is commonly required for employment, travel, immigration, licensing, business permits, government transactions, and other formal applications. Many applicants become concerned when they have been accused of, charged with, or convicted of adultery, wondering whether the case will appear in their NBI record and whether it will prevent them from obtaining clearance.

The short answer is: an adultery case can affect an NBI Clearance application if it has resulted in a criminal record, pending criminal case, warrant, conviction, or other court-related entry that has reached law enforcement or court databases used for clearance verification. However, being merely accused in a private dispute does not automatically mean a person will be denied NBI Clearance.

The effect depends on the stage of the case, the records transmitted to government databases, and the final outcome of the criminal proceeding.

II. What Is Adultery Under Philippine Law?

Adultery is a criminal offense under Article 333 of the Revised Penal Code.

Under Philippine law, adultery is committed by:

A married woman who has sexual intercourse with a man who is not her husband; and
The man who has sexual intercourse with her, knowing that she is married, even if he himself is unmarried.

Both the married woman and the male partner may be charged.

Adultery is different from concubinage, which applies to a married man under Article 334 of the Revised Penal Code and has different elements.

III. Nature of Adultery as a Criminal Case

Adultery is a criminal offense, not merely a civil or moral issue. It may result in:

criminal prosecution;
arrest or issuance of a warrant;
court hearings;
conviction or acquittal;
penalties under the Revised Penal Code;
a criminal record if conviction occurs.

However, adultery is also considered a private crime. This means that it generally cannot be prosecuted except upon a complaint filed by the offended spouse. The State prosecutes the case, but the offended spouse’s complaint is usually necessary to initiate the criminal action.

IV. What Is NBI Clearance?

An NBI Clearance is a certification issued by the National Bureau of Investigation showing whether the applicant has a criminal record, derogatory record, or pending case reflected in the NBI’s records.

It is not exactly the same as a police clearance. The NBI Clearance is national in scope and is commonly used to check whether a person has records involving criminal cases, warrants, or other derogatory entries.

When a person applies for NBI Clearance, the system may produce either:

“No Hit” — no record or name match was found; or
“Hit” — the applicant’s name matched an existing record or possible record, requiring further verification.

A “hit” does not automatically mean the applicant has a criminal conviction. It may be caused by:

a pending case;
a dismissed case;
a criminal conviction;
a warrant;
a namesake with a similar name;
incomplete or outdated records;
prior records requiring manual verification.

V. Can an Adultery Case Appear in NBI Clearance?

Yes. Since adultery is a criminal offense under the Revised Penal Code, an adultery case may appear in connection with an NBI Clearance application if the case has been formally filed or recorded in a way that reaches the NBI’s verification system.

The most common situations are:

1. Pending Criminal Case

If an adultery complaint has already been filed in court and remains pending, the applicant may receive a “hit” during the NBI Clearance process.

The clearance may not necessarily be denied permanently, but the applicant may be required to undergo verification. The NBI may ask for court documents showing the status of the case.

2. Warrant of Arrest

If a warrant of arrest has been issued in connection with the adultery case, the applicant’s NBI Clearance application may be affected more seriously.

A person with an outstanding warrant may not receive a regular clearance until the warrant is addressed. In some cases, the application process may lead to further legal consequences if the warrant is discovered.

3. Conviction

If the applicant has been convicted of adultery, the conviction may appear as a criminal record. This may affect employment, visa applications, professional licensing, or other transactions requiring disclosure of criminal history.

4. Dismissed Case

If the adultery case was dismissed, it may still cause a “hit” if the record remains in the system. The applicant may need to submit a certified copy of the dismissal order or certificate of finality to clarify the record.

5. Acquittal

An acquittal means the accused was found not guilty. However, the existence of the case may still appear in record verification unless properly updated. The applicant may need to present court documents proving acquittal.

6. Complaint Filed at the Prosecutor’s Office Only

If the complaint is still at the preliminary investigation stage and has not yet been filed in court, its effect on NBI Clearance depends on whether any record has been entered into databases accessible to the NBI. Not every prosecutor-level complaint automatically creates an NBI record.

7. Mere Threats or Accusations

If a spouse merely threatens to file adultery charges, or if the issue remains a private family dispute with no formal complaint, it should not by itself create an NBI record.

VI. Does a “Hit” Mean the Clearance Is Denied?

No. A “hit” means the NBI found a possible record match. The applicant usually needs to return after verification or comply with additional requirements.

A hit may be due to:

the applicant’s own pending or past case;
a namesake;
a similar birthdate or identity detail;
an old case that was dismissed;
records that have not yet been updated.

For adultery cases, a hit may require the applicant to present:

court order of dismissal;
order of acquittal;
certificate of finality;
prosecutor’s resolution dismissing the complaint;
proof that the case was archived, dismissed, or otherwise terminated;
proof that the applicant is not the same person as the one in the record;
other court-issued documents.

VII. Does a Pending Adultery Case Automatically Prevent Issuance of NBI Clearance?

Not always.

The NBI may still issue a clearance with an annotation or after verification, depending on the circumstances. However, a pending criminal case may delay the process and may result in a clearance that reflects the pending case or derogatory information.

The practical effect depends on:

whether the case is already in court;
whether there is an outstanding warrant;
whether the applicant has already posted bail;
whether the case has been dismissed;
whether the records are updated;
the purpose for which the clearance is being requested.

For sensitive applications, such as overseas employment, immigration, government employment, or positions involving trust and confidence, even a pending case may become significant.

VIII. Effect of an Adultery Case on Employment

An adultery case may affect employment in several ways.

1. Private Employment

Private employers often require NBI Clearance as part of background screening. If the clearance shows a pending adultery case or criminal record, the employer may evaluate whether the case affects the applicant’s suitability for the position.

However, employers should still observe labor laws, privacy principles, and fair hiring practices. A mere accusation should not be treated the same as a conviction.

2. Government Employment

Government positions often require proof of good moral character and absence of disqualifying criminal records. A pending or decided adultery case may be relevant, especially for positions requiring integrity, public trust, or moral fitness.

3. Professional Licenses

For professions regulated by the Professional Regulation Commission or other licensing bodies, a criminal conviction or conduct involving moral turpitude may raise separate issues. Whether adultery amounts to a disqualifying circumstance depends on the rules of the specific profession and the nature of the proceeding.

IX. Effect on Overseas Employment and Visa Applications

NBI Clearance is often required for overseas work, immigration, permanent residence, or visa processing.

A pending or decided adultery case may affect these applications in different ways depending on the receiving country’s rules. Some foreign authorities focus only on serious crimes, while others require disclosure of all arrests, charges, or convictions.

Even if a Philippine NBI Clearance is eventually issued, foreign embassies or immigration agencies may separately ask:

whether the applicant was ever charged;
whether the applicant was ever arrested;
whether the applicant was ever convicted;
whether any case remains pending.

An applicant should be careful not to make false declarations in immigration forms. The effect of the adultery case may be less serious than the effect of dishonesty in the application.

X. Effect of Dismissal, Acquittal, or Settlement

1. Dismissal

If the adultery case is dismissed, the applicant should secure certified court documents proving the dismissal. These documents may be used to update or clarify records during NBI verification.

2. Acquittal

If the accused is acquitted, there is no criminal liability. However, the applicant may still need to present the judgment of acquittal and certificate of finality if the NBI system shows a hit.

3. Settlement or Desistance

Adultery cases often involve personal and family conflict. Sometimes, the offended spouse executes an affidavit of desistance. However, desistance does not always automatically terminate the criminal case once filed. The court or prosecutor may still determine whether the case should proceed.

If the case is formally dismissed after desistance, the dismissal order should be obtained and preserved.

4. Reconciliation

In private crimes such as adultery, reconciliation between spouses may have legal consequences. However, applicants should not assume that reconciliation automatically clears government records. Formal court or prosecutor action is still necessary to terminate or clarify the case.

XI. What If the Applicant Was Only the Alleged Third Party?

A man accused as the partner of a married woman may also be charged with adultery if he knew the woman was married at the time of the sexual intercourse.

If a criminal complaint or case was filed against him, the same NBI issues may arise:

possible hit;
pending case record;
warrant record;
conviction record;
need for court documents if dismissed or acquitted.

If he was merely named in a private accusation but no formal complaint was filed, there may be no NBI record.

XII. What If the Applicant Is the Husband Accused of Cheating?

A husband does not commit adultery under Article 333. The corresponding offense traditionally applicable to a married man is concubinage under Article 334.

Therefore, if a married man says he has an “adultery case,” the correct legal classification may need to be examined. It may actually be:

concubinage;
violence against women-related allegations;
psychological abuse under special laws;
civil case for annulment, legal separation, or damages;
administrative case, depending on his employment;
a different criminal complaint.

For NBI Clearance purposes, the important question is whether there is a criminal case, warrant, or conviction recorded against the applicant, regardless of the exact label used by the complainant.

XIII. Adultery, Moral Turpitude, and Clearance Concerns

Some employment, immigration, and licensing processes ask whether an applicant has been convicted of a crime involving moral turpitude.

Moral turpitude generally refers to conduct that is considered contrary to justice, honesty, modesty, or good morals. Crimes involving sexual misconduct, marital infidelity, or deceit may raise moral-character concerns depending on context.

However, the effect is not automatic in every setting. The specific consequences depend on:

whether there was a conviction;
the profession or office involved;
the rules of the agency or employer;
the facts of the case;
whether the case was dismissed or resulted in acquittal;
whether the applicant made truthful disclosures.

XIV. How to Apply for NBI Clearance If There Is an Adultery Case

An applicant with a past or pending adultery case should prepare before applying.

Important documents may include:

Court order of dismissal, if dismissed;
Judgment of acquittal, if acquitted;
Certificate of finality, if the judgment or dismissal is final;
Proof of bail, if there was a warrant and bail was posted;
Order recalling or lifting warrant, if applicable;
Prosecutor’s resolution, if the complaint was dismissed before court filing;
Valid identification documents;
Any document proving mistaken identity, if the hit is due to a namesake.

During verification, the applicant should answer truthfully and present the relevant documents. Concealment can create more serious problems, especially in employment or immigration contexts.

XV. Can an Applicant Remove or Clear an Adultery Record from NBI?

A person generally cannot simply “erase” a criminal record by request. However, records may be clarified, corrected, or updated if the case has been dismissed, the accused was acquitted, the warrant was recalled, or the hit is due to mistaken identity.

The applicant may need to submit court-certified documents to the NBI so the record can be properly annotated or updated.

If the issue is a namesake, the applicant may need to prove identity through personal details, government IDs, fingerprints, birth records, or other identifying information.

If the record is inaccurate, the applicant may request correction through the proper NBI process and, when necessary, through the court or agency that generated the record.

XVI. What Happens If There Is an Outstanding Warrant?

An outstanding warrant is the most serious situation in an NBI Clearance application.

If a warrant was issued in an adultery case, the applicant should not ignore it. The proper steps usually include:

confirming the existence of the warrant;
consulting counsel;
voluntarily appearing before the court when appropriate;
posting bail if allowed;
asking the court to recall or lift the warrant after compliance;
obtaining certified copies of the relevant court orders.

Until the warrant is addressed, the applicant may have difficulty obtaining a clean clearance.

XVII. Does Prescription Matter?

Adultery is subject to rules on prescription of crimes. Prescription refers to the period within which a criminal action must be filed. If the complaint is filed beyond the prescriptive period, the accused may raise prescription as a defense.

However, prescription does not automatically remove an existing record if a case has already been filed. The court must act on the matter. For NBI Clearance purposes, the key is whether there is a formal resolution, dismissal, or final order proving the case no longer stands.

XVIII. Civil, Family, and Administrative Effects Separate from NBI Clearance

An adultery allegation may also lead to other legal consequences beyond NBI Clearance.

These may include:

legal separation proceedings;
custody disputes;
property disputes;
administrative cases for government employees;
disciplinary proceedings for professionals;
immigration disclosure issues;
workplace consequences;
reputational harm.

However, not all of these automatically appear on NBI Clearance. NBI Clearance is primarily concerned with criminal and derogatory records, not every private, civil, or family dispute.

XIX. Common Scenarios

Scenario 1: The spouse only threatened to file adultery charges.

There should generally be no NBI record unless a formal complaint or case has been filed and recorded.

Scenario 2: A complaint was filed before the prosecutor.

There may or may not be an NBI hit. The applicant should secure a copy of the prosecutor’s resolution if the complaint is dismissed.

Scenario 3: The case was filed in court and is pending.

The applicant may receive a hit. The NBI may require court documents showing the status of the case.

Scenario 4: A warrant was issued.

The applicant’s clearance may be seriously affected until the warrant is resolved.

Scenario 5: The case was dismissed years ago.

The applicant may still receive a hit if records were not updated. A certified dismissal order and certificate of finality should be presented.

Scenario 6: The applicant was acquitted.

The applicant should obtain a certified copy of the judgment and certificate of finality to prove that there was no conviction.

Scenario 7: The applicant has the same name as someone with an adultery case.

The applicant may receive a hit due to a namesake. Verification should resolve this if the applicant proves identity.

XX. Practical Guidance for Applicants

An applicant with an adultery-related issue should:

Determine whether there is an actual criminal case or only a private accusation.
Check whether the case is at the prosecutor level or already in court.
Verify whether there is a warrant of arrest.
Secure certified true copies of all relevant resolutions and court orders.
Bring documents during NBI verification.
Avoid false statements in employment, visa, or government forms.
Consult a lawyer if there is a pending case, warrant, or conviction.
Follow up with the court and NBI to update records after dismissal or acquittal.

XXI. Key Legal Points

Adultery is a criminal offense in the Philippines. Because of that, it can affect NBI Clearance if it becomes part of official criminal records.

A mere accusation does not automatically create an NBI record. A pending court case, warrant, or conviction is more likely to result in a hit.

A dismissed or acquitted case may still require verification if the record has not been updated.

A hit is not the same as guilt. It is only a signal that the applicant’s name or identity may match a record requiring further review.

The safest approach is to obtain official court or prosecutor documents and present them during NBI verification.

XXII. Conclusion

An adultery case may affect an NBI Clearance application in the Philippines because adultery is a criminal offense under the Revised Penal Code. The effect depends on whether the matter is merely an accusation, a prosecutor-level complaint, a pending court case, a case with an outstanding warrant, a dismissed case, an acquittal, or a conviction.

For applicants, the most important distinction is between a private allegation and an official criminal record. NBI Clearance is generally affected by official records, not rumors or threats. However, once a complaint becomes a court case, results in a warrant, or ends in conviction, it can create clearance complications.

Applicants with adultery-related records should secure certified legal documents, verify the case status, and ensure that dismissed or resolved cases are properly reflected. Honest disclosure and proper documentation are usually the best protection against delays, misunderstandings, and future legal problems.