In the Philippines, Police Clearance and National Bureau of Investigation (NBI) Clearance serve as official certifications of a person’s criminal record or lack thereof. These documents are indispensable for employment, licensing, visa applications, firearm permits, business registration, and various government transactions. A recurring legal query arises when an individual becomes the subject of a criminal complaint or inquiry: Can a person under investigation still secure either clearance? The answer is nuanced, rooted in the administrative nature of clearance issuance, the stage of the investigation, the absence or presence of formal charges, and the specific policies of the Philippine National Police (PNP) and the NBI. This article exhaustively examines the legal framework, procedural rules, distinctions between types of investigations, grounds for denial or approval, remedies, and practical implications under prevailing Philippine jurisprudence and administrative regulations.

I. Legal Definitions and Distinctions Between the Two Clearances

Police Clearance is a local document issued by the PNP through its regional, provincial, or city/municipal police stations. It attests that the applicant has no pending criminal case or outstanding warrant of arrest within the jurisdiction of the issuing police unit. It is governed primarily by PNP Memorandum Circulars and the PNP’s Crime Laboratory and Records Management processes. The clearance is essentially a locality-specific certification.

NBI Clearance, by contrast, is a national-level document issued by the NBI under Republic Act No. 157 (as amended), which created the NBI as the country’s premier investigative agency. It verifies whether the applicant appears in the NBI’s centralized database of criminal records, wanted persons, and those with pending cases handled or monitored by the NBI. Because the NBI maintains a nationwide and sometimes international database (through Interpol coordination), its clearance carries greater weight for purposes requiring thorough vetting, such as overseas employment, passport renewal for certain categories, or professional licensing by the Professional Regulation Commission (PRC).

The two clearances are not interchangeable. A clean Police Clearance does not guarantee a clean NBI Clearance, and vice versa, because their databases and verification scopes differ. Police Clearance focuses on local blotter entries and warrants, while NBI Clearance checks national and selected foreign records.

II. Legal Framework Governing Issuance

No single statute explicitly prohibits or authorizes the issuance of clearances to persons “under investigation.” Instead, issuance is governed by:

Administrative Rules of the PNP – Derived from the PNP Law (Republic Act No. 6975) and internal memoranda. Clearances are issued as a public service unless derogatory information exists in the PNP’s Integrated Criminal Investigation and Detection System or local police records.
NBI Policies – The NBI operates under its own Clearance Division guidelines, which implement Executive Order No. 292 (Administrative Code of 1987) and NBI Special Orders. The NBI Clearance is denied only upon positive matching of the applicant’s biometrics or personal data against active derogatory records, such as wanted persons lists, pending criminal cases filed in court where the NBI has been involved, or final convictions.
Constitutional and Statutory Safeguards – The presumption of innocence under Article III, Section 14(2) of the 1987 Constitution applies. Mere investigation does not equate to guilt, and administrative agencies cannot impose de facto penalties (such as blanket denial of clearances) without due process. However, clearances are not rights but privileges granted at the discretion of the issuing agency, subject to reasonable regulation.
Department of Justice (DOJ) and Supreme Court Rules – The Revised Rules of Criminal Procedure and DOJ Department Circulars on preliminary investigation indirectly influence clearance policies, particularly when a complaint has already been filed before a prosecutor.

III. The Concept of “Under Investigation” in Philippine Criminal Procedure

Philippine law recognizes several distinct stages that determine eligibility:

Police Blotter/Initial Inquiry – An entry in the police blotter or a complaint received by the police does not yet constitute a formal “investigation” that automatically bars clearance. At this stage, the person is merely a subject of inquiry.
Police Investigation – When the PNP conducts an inquest or regular investigation under Rule 112 of the Rules of Court, the individual is formally “under investigation.” However, no case has yet been filed in court.
Preliminary Investigation – Once a complaint is filed with the prosecutor’s office or the NBI itself, and the respondent is required to submit a counter-affidavit, the person is under preliminary investigation. This stage is still pre-charge.
Filing of Information in Court – When the prosecutor finds probable cause and files an Information, the accused is now facing a pending criminal case.
Issuance of Warrant of Arrest – The existence of an active warrant triggers automatic derogatory flags in both PNP and NBI systems.

The critical dividing line for clearance purposes is whether a warrant of arrest has been issued or whether the NBI/PNP database already lists the person as “wanted” or “with pending case.”

IV. Can a Person Under Investigation Obtain a Police Clearance?

General Rule: Yes, unless a warrant of arrest has been issued or the investigation has matured into a pending case with derogatory entry in the local police database.

If the matter is still at the blotter or initial investigation stage and no warrant exists, most police stations will issue the clearance upon presentation of valid identification, payment of the prescribed fee (usually ₱100–₱200), and successful verification. The officer merely certifies the absence of any case or warrant in their jurisdiction.
Even during preliminary investigation before the prosecutor, the local police station typically has no authority to deny clearance solely on that basis unless the station itself is the complainant or the case is logged in their system with a warrant.
Denial occurs only when the applicant’s name matches an active warrant or when the station has been directed by higher authority (e.g., court order or PNP regional directive) to withhold issuance.

Practical reality: Some police stations exercise discretion and may issue a “clearance with notation” or temporarily withhold if they are aware of an ongoing high-profile investigation. However, such discretionary denial is subject to administrative appeal or mandamus if it lacks legal basis.

V. Can a Person Under Investigation Obtain an NBI Clearance?

General Rule: Yes, if the investigation has not yet resulted in an entry in the NBI’s national derogatory database.

The NBI Clearance process involves biometric fingerprinting, photo capture, and real-time database query. The system flags only when the applicant matches records of:
- Convicted persons;
- Persons with pending criminal cases where an Information has been filed and the NBI has been furnished a copy;
- Persons subject to Hold Departure Orders (HDO), Watchlist Orders, or outstanding warrants that have been forwarded to the NBI;
- Persons previously investigated by the NBI itself with unresolved derogatory findings.
Mere police investigation or even preliminary investigation before a city prosecutor does not automatically appear in the NBI database unless the NBI was the investigating agency or the case has been elevated and recorded nationally.
If the NBI itself is conducting the investigation (e.g., cybercrime, graft, or transnational cases), the Clearance Division may be internally instructed to withhold issuance until resolution.
In cases where a pending court case exists but no warrant has been issued (e.g., the accused has posted bail or the case is bailable and no arrest was ordered), the NBI may still issue the clearance but with a computer-generated annotation reflecting the pending case. Many applicants receive such annotated clearances, which are legally valid though they may be unacceptable for certain strict requirements (e.g., some foreign embassies or government agencies).

VI. Grounds for Denial and Exceptions

Common grounds for denial of either clearance include:

Outstanding warrant of arrest (local or national);
Pending criminal case with court-issued alias warrant or bench warrant;
Hold Departure Order or inclusion in the Bureau of Immigration’s Watchlist;
Previous conviction not yet expunged or pardoned;
Derogatory record in the issuing agency’s database (e.g., NBI “wanted” list).

Exceptions and special circumstances:

Provisional or Temporary Clearances – Rare, but in meritorious cases (e.g., urgent overseas deployment), applicants may request certification from the investigating prosecutor or court that no warrant exists, which can support issuance.
Clearance for Specific Purposes – Some agencies accept a Police Clearance even when NBI is denied, or vice versa.
Juvenile Cases – Records under Republic Act No. 9344 (Juvenile Justice Act) are confidential and generally do not bar clearance.
Cases Dismissed or Acquitted – Once a final dismissal or acquittal is obtained, the record may be expunged or certified as cleared upon proper application.

VII. Remedies if Clearance is Denied

Administrative Appeal – For Police Clearance, appeal to the Chief of Police or PNP Regional Director. For NBI, appeal to the NBI Director or Clearance Division Head with supporting documents (e.g., certification from the court or prosecutor that no warrant exists).
Petition for Mandamus – If denial is arbitrary and violates due process or presumption of innocence, a petition for mandamus may be filed before the Regional Trial Court to compel issuance.
Motion for Early Resolution or Quashal – In the underlying criminal case, the applicant may ask the prosecutor or court to expedite resolution or issue a certification of “no derogatory record” for clearance purposes.
Request for Certification from Court/Prosecutor – A certified true copy of the Information (if any) and proof of no warrant can sometimes persuade the NBI or PNP to issue a qualified clearance.

VIII. Practical Considerations and Policy Rationale

Philippine law balances public safety with the right to livelihood and presumption of innocence. Blanket denial of clearances merely because an investigation is ongoing would constitute an undue burden and could be struck down as unconstitutional. Issuing agencies therefore calibrate their policies to deny only when objective derogatory information (warrant or court-filed case) exists in their databases.

In practice, thousands of Filipinos under preliminary investigation successfully obtain both clearances annually because the system requires concrete flags rather than mere suspicion. However, applicants in sensitive professions (law enforcement, judiciary, public office) face stricter scrutiny. Overseas employers or foreign governments may reject clearances with any annotation regardless of Philippine rules.

No law or regulation categorically states that “a person under investigation cannot get clearance.” The outcome hinges on the precise stage of the case and the contents of the respective databases at the moment of application. Applicants are advised to verify their status with the investigating agency or court prior to application and to bring all supporting documents (valid ID, birth certificate, and any court certifications) to expedite processing and avoid unnecessary denial.

In sum, under current Philippine law and administrative practice, a person under investigation can generally obtain both a Police Clearance and an NBI Clearance unless a warrant of arrest has been issued, a court case is pending with derogatory recording, or the investigating body itself has placed a hold on issuance. The presumption of innocence remains the guiding constitutional principle, tempered only by the practical need to protect the integrity of the clearance system.