I. Overview

In the Philippines, passport issuance and renewal are primarily handled by the Department of Foreign Affairs (DFA). For most applicants, a valid National Bureau of Investigation (NBI) clearance suffices to show the absence of a criminal record. However, there are situations where the DFA requires an additional Department of Justice (DOJ) Clearance, even when the applicant’s NBI record is “clear.”

This article explains when and why DOJ clearance may be required, how this fits into Philippine immigration and criminal procedure frameworks, and what remedies are available if an applicant believes the requirement is being wrongly imposed.

II. Legal Framework

A. Philippine Passport Act (R.A. No. 8239)

The Philippine Passport Act of 1996 governs the issuance of passports. It vests the DFA with authority to:

issue passports,
set documentary requirements,
refuse or restrict issuance in specific cases tied to national security, public safety, or lawful court/agency orders.

While R.A. 8239 does not enumerate a fixed checklist, it permits the DFA to require additional clearances when a person has a derogatory record or is subject to legal restrictions.

B. Immigration Law Context

Passport issuance is not itself an immigration proceeding, but it intersects with immigration control because a passport enables international travel. The state therefore has a legitimate interest in ensuring that:

persons with pending criminal cases do not evade prosecution,
individuals covered by court-issued travel restrictions cannot leave,
persons on government watchlists are properly vetted.

This intersects with:

Commonwealth Act No. 613 (Philippine Immigration Act of 1940) and related executive issuances,
DOJ and court mechanisms controlling travel of persons with active cases.

C. Criminal Procedure Instruments Affecting Travel

Travel restrictions may arise through:

Hold Departure Orders (HDOs) Issued by courts, typically in criminal cases where the accused is at large or where travel may obstruct proceedings.
Watchlist Orders (WLOs) Issued by the DOJ for persons with pending cases, especially at the preliminary investigation level or where a case is being built.
Precautionary HDOs Sometimes issued urgently in high-risk situations.

If any of these apply, passport release could be delayed or conditioned.

III. NBI Clearance vs. DOJ Clearance

A. What NBI Clearance Shows

NBI clearance checks for:

criminal records in national databases,
warrants of arrest recorded in the system,
convictions or pending cases already forwarded to or reflected in NBI files.

A “clear” NBI record generally means no match or no derogatory entry in NBI’s database.

B. What DOJ Clearance Addresses

DOJ clearance is a case-status or travel-permission clearance issued by the DOJ, often through agencies like:

National Prosecution Service, or
relevant DOJ task units.

It can certify that:

the applicant is not subject to a DOJ Watchlist Order, or
if on watchlist, that the DOJ permits travel or passport issuance under specific conditions.

Key point: DOJ clearance is about government travel control status, not just criminal history. It may capture records or restrictions not visible in NBI databases.

IV. Why DOJ Clearance May Be Required Even With a Clear NBI Record

1. Pending Criminal Case Not Yet Reflected in NBI

A case may exist at the level of:

complaint,
preliminary investigation,
prosecutor’s resolution awaiting filing,
recently filed case not yet encoded into NBI systems.

NBI databases are not always real-time with all prosecutorial or court actions. The DOJ, as the prosecutorial authority, may have more current information.

2. DOJ Watchlist Order

The DOJ can place an individual on a watchlist pending case developments. Even if there is no warrant and hence no NBI “hit,” the person may still be restricted from travel or passport issuance without DOJ clearance.

Watchlist orders are commonly used for:

high-profile cases,
cases involving serious crimes,
situations where flight risk is perceived.

3. Court-Issued Hold Departure Order

If a court has issued an HDO:

the Bureau of Immigration enforces travel restraint,
DFA may require proof of lifting or DOJ/court clearance before renewing a passport.

An HDO may not automatically appear in NBI records unless paired with a warrant or formal case entry in the NBI system.

4. Warrant Exists but Is Under Alternative Status

Sometimes:

a warrant is archived, recalled, or subject to motions,
a case is under reinvestigation,
data is inconsistently updated across agencies.

The DFA may err on the side of caution and require DOJ certification to confirm exact status.

5. Name Similarity / Identity Issues

Even with a “clear” NBI, the DFA might flag:

similar names,
same birth date,
matching biographical markers to a derogatory record.

DOJ clearance helps confirm whether the applicant is the same person as someone on a watchlist or under restriction.

6. National Security / Public Interest Grounds

R.A. 8239 allows denial or conditional issuance for public welfare. If law enforcement or DOJ sends advisories to DFA about certain individuals, DFA may require DOJ clearance regardless of NBI status.

V. DFA Practice: Conditional Issuance or Renewal

In practice, DFA may:

Hold processing until DOJ clearance is submitted; or
Issue but with restrictions in rare situations; or
Deny issuance if a legal order absolutely bars travel.

This is not an automatic punishment; it is an administrative safeguard to comply with lawful restrictions.

VI. How to Obtain DOJ Clearance

While procedures can vary slightly depending on the case type, the typical steps are:

Determine the basis of the DFA flag
- Ask DFA what specific record triggered the DOJ requirement (watchlist, case number, court restriction, etc.).
Go to DOJ / Prosecutor’s Office
- Submit your identification, DFA referral, and any known case details.
Secure certification
- DOJ may issue a clearance stating:
  - no pending case / no watchlist coverage, or
  - watchlist exists but passport renewal is authorized.
If a case is pending
- You may need:
  - prosecutor’s certification of status,
  - court approval if already filed in court,
  - lifting of HDO/WLO if applicable.

VII. Remedies if DOJ Clearance Is Unjustly Required

A. Administrative Clarification

If you believe there is no case:

Request written details of the derogatory record.
Provide proof of identity and updated civil records.
Ask for reconsideration based on mistaken identity.

B. Prosecutor-Level Clearing

If a case was dismissed, but still flagged:

secure a certified copy of dismissal or resolution,
request DOJ to update its watchlist/prosecution databases.

C. Court Remedy for HDO

If a Hold Departure Order exists:

file a motion to lift HDO with the issuing court,
once lifted, submit the lifting order to both BI and DFA.

D. Due Process Considerations

Administrative actions affecting the right to travel require legal basis. If an agency:

refuses to specify the basis, or
acts on incorrect data without correction,

you may elevate through:

DFA legal or supervisory channels,
DOJ review mechanisms,
and in extreme cases, judicial relief (e.g., mandamus) if clear entitlement is unlawfully withheld.

VIII. Practical Notes and Common Misconceptions

“Clear NBI” does not mean “free from travel restrictions.” It only confirms NBI’s database has no derogatory hit.
DOJ clearance is not proof of innocence; it’s proof of travel status.
Watchlists can exist without warrants. That’s why NBI may still be clear.
Database delays are common. The safest approach is to confirm status across agencies if any past case existed.

IX. Conclusion

A DOJ clearance requirement for passport renewal, even with a clear NBI record, is legally grounded in the government’s authority to prevent flight from prosecution and enforce travel restrictions. The DFA relies on DOJ and court mechanisms—especially watchlist and hold departure systems—which may not always be visible in NBI databases.

For applicants, the key is to identify the basis of the flag, secure the appropriate DOJ or court certification, and invoke administrative or judicial remedies if the requirement is tied to error or mistaken identity.

This article is for general legal information in the Philippine context and not a substitute for advice from a licensed attorney. If your situation involves an actual pending case, HDO, or watchlist coverage, consulting counsel is strongly recommended.