Certified True Copy of NBI Clearance: Can a Notary Public Issue It? (Philippine Context)

Executive Summary

No. A Philippine notary public cannot issue a “certified true copy” (CTC) of an NBI Clearance. The power to certify true copies of public documents belongs to the official custodian—in this case, the National Bureau of Investigation (NBI) (and, for foreign use, the Department of Foreign Affairs (DFA) via apostille). A notary may notarize affidavits about an NBI Clearance (e.g., loss, explanation) or perform a copy certification only in the limited sense of confirming that a photocopy matches the original presented to the notary, but that is not the same as a custodian-issued “certified true copy,” and many offices will not accept it.

Why Notaries Can’t Issue CTCs of NBI Clearances

1) Nature of the NBI Clearance

An NBI Clearance is a public document issued by a government agency and signed by a public officer in the performance of official duties. As a public record, its official custodian is the NBI. Only the custodian (or the agency the law designates) can issue certified true copies of its records.

2) Limits of Notarial Copy Certification

Under the Rules on Notarial Practice, “copy certification” is a notarial act where the notary states that a photocopy is a faithful reproduction of the original document presented at the time of notarization. It does not:

convert a copy into an “official” copy,
authenticate the contents or legal effect of the document, or
replace a custodian-issued certification.

For public documents like birth/marriage certificates, PSA civil registry records, passports, PRC/LTO licenses, and NBI clearances, the accepted CTC must come from the issuing agency (or bear the proper government authentication for foreign use). A notarial “certified photocopy” is often rejected by courts, embassies, schools, banks, and government offices when a CTC by the custodian is required.

3) Evidence & Procedure Considerations

Courts: When rules require a certified copy of a public document, that certification must be made by the public officer who has legal custody of the record or by another authorized government office.
Agencies/Private Institutions: Internal checklists commonly specify “CTC issued by NBI” or “original NBI Clearance.” A notarial certification of a photocopy typically does not satisfy this requirement.

What You Can Validly Get (and From Whom)

A. From the NBI (Domestic Use)

Another Original / Re-issuance: The NBI can issue a fresh original clearance rather than a CTC. Many institutions prefer (or require) the original anyway.
Certification/Verification: Some offices accept an NBI-issued letter or printout confirming the record, or they verify via the QR/barcode on newer clearances. Follow the NBI’s current procedures at its clearance centers or official channels.

B. For Use Abroad (Apostille)

Apostille by DFA: For foreign submission, present the NBI Clearance for apostillization at the DFA. The apostille certifies the origin/authenticity of the public officer’s signature/seal, not the substantive content, but it is what foreign recipients typically require under the Hague Apostille Convention.
No “Red Ribbon”: Apostille has replaced the old “red ribbon.” Do not rely on notarial certifications for this purpose.

C. From a Notary (What Is Actually Permissible)

Copy Certification (Limited Use): A notary may issue a statement that “the attached photocopy is a faithful reproduction of the original presented.” This may help in informal scenarios, but it is not a custodian CTC and may still be refused.
Affidavits: A notary may notarize:
- Affidavit of Loss (lost NBI Clearance),
- Affidavit of Explanation/Undertaking (if an office asks for one),
- Special Power of Attorney (to authorize someone to secure or pick up your NBI Clearance).

Practical Scenarios and Correct Approaches

Job Application in the Philippines
- What they really want: The original NBI Clearance (multi-purpose).
- If they say “CTC”: Ask if they accept a fresh original or an NBI-issued certification. A notarial certified photocopy is often not enough.
Visa/Immigration
- Submit the original NBI Clearance with DFA apostille.
- Do not substitute with a notarized “certified photocopy.”
Banking/KYC
- Bring the original for face-to-face verification. If they keep a copy, they make their own “certified true copy” for internal use (their officer certifies that they compared the copy to the original you presented). This is their certification—not the notary’s.
Court Filings
- If a rule or order requires a “certified copy,” procure the CTC from NBI (or submit the original if allowed). A notarial copy certification won’t meet the “CTC by custodian” requirement.

Electronic/QR-Based Clearances and Printouts

Modern NBI clearances include QR codes/barcodes and other security features. Recipients often scan these to verify authenticity. If you must submit a printout:

The safest route remains the original physical clearance (and apostille for foreign use).
A notary may notarize an Affidavit of Photocopy/Printout (stating the printout was produced from the original in your possession), but this does not transform it into an NBI-issued CTC. Acceptance is discretionary.

Common Misconceptions

“Any notary can issue a CTC of any document.” ✗ False. Custodian-issued CTCs are required for public documents. Notarial copy certification is different and typically insufficient where an official CTC is required.
“If it’s notarized, it becomes an original.” ✗ False. Notarization authenticates the act (e.g., your oath/signature), not the underlying government record.
“Apostille is the same as notarization.” ✗ False. Apostille is a government authentication under a treaty; notarization is a private legal service regulated by the Supreme Court’s notarial rules.

Risks and Liabilities

Use of Counterfeit or Altered NBI Clearances can lead to criminal liability for falsification and related offenses.
Improper Notarial Acts can result in administrative sanctions against the notary (suspension/revocation of commission) and, in serious cases, criminal/civil liability.

Compliance Checklist (Philippine Setting)

Recipient’s Requirement: Does it specifically say “CTC issued by NBI” or “original NBI Clearance”?
Purpose: Domestic vs. foreign use. If foreign, plan for DFA apostille.
Obtain from Custodian: For CTC or additional originals, deal with NBI.
Avoid Substitutes: Don’t rely on a notarial “certified photocopy” where a custodian CTC is required.
Affidavits as Supplements Only: Affidavits (loss/explanation) may be helpful but are not substitutes for the clearance or its proper certification.

Frequently Asked Questions

Q1: The HR office asked for a “certified true copy” of my NBI Clearance. Can I go to a notary? A: No. Go to NBI for another original or an NBI-issued certification. If the document is for foreign use, have it apostilled by DFA.

Q2: The school says a notarized copy is okay. Should I still get one? A: If the school explicitly allows a notarially certified photocopy, a notary can perform copy certification. Keep in mind: many institutions may later ask for the original or a custodian CTC, so clarify early.

Q3: My NBI Clearance was lost. What now? A: Execute an Affidavit of Loss (notarized), then apply with the NBI for a replacement or fresh issuance. For foreign use, obtain a DFA apostille after issuance.

Q4: Can the barangay or city hall certify my NBI Clearance? A: No. They can certify their own records, not NBI’s.

Q5: Is a scanned PDF with a notarial certification valid abroad? A: Generally no. Foreign authorities typically require the original NBI Clearance with DFA apostille.

Bottom Line

A notary public cannot issue a certified true copy of an NBI Clearance.
For official purposes, secure the document or its certification from the NBI, and use DFA apostille for international submissions.
Notarial services may assist with affidavits or a limited copy-certification, but these do not replace a custodian-issued CTC when that is specifically required.