Effect of Dismissed Estafa and Perjury on NBI Clearance

Effect of Dismissed Estafa and Perjury Cases on NBI Clearance (Philippine Context)

In the Philippines, the National Bureau of Investigation (NBI) Clearance is often required for employment, travel, and other significant transactions. It certifies whether an individual has a pending criminal case, a criminal record, or any derogatory information on file in the NBI’s database. A frequent concern arises when an individual has faced criminal charges—particularly for estafa or perjury—that were eventually dismissed. Will the dismissed case still appear on the NBI Clearance, or can it be removed entirely?

This article discusses the nature of estafa and perjury under Philippine law, how dismissed charges typically affect one’s record, and the practical steps an individual can take to ensure their NBI Clearance accurately reflects the dismissal.

1. Overview of NBI Clearance

  1. Purpose
    The NBI Clearance is an official document certifying a person’s current record status as maintained by the NBI. It indicates if one has:

    • A pending criminal complaint or case.
    • A past conviction or outstanding warrant.
    • Any other record classified as “derogatory information.”

  2. “Hits” and Verification
    When an applicant has a “hit” in the NBI system—meaning some record or match in the database—the NBI typically requires further verification. Even if the case was already dismissed, it might still appear as a “hit” if the system has not been updated or if the database still reflects historical records.

  3. Data Updating
    The NBI relies on reports and updates from various courts and law enforcement agencies. If a case was dismissed but the official records or court updates have not yet been transmitted or fully reflected, an individual may be required to present proof of dismissal before the NBI can clear their record.

2. Estafa and Perjury Under Philippine Law

  1. Estafa (Article 315, Revised Penal Code)

    • Definition: Estafa involves deceit or fraud resulting in damage or prejudice to another. Common examples include bouncing checks, misappropriation of entrusted funds or property, or obtaining money through false pretenses.
    • Penalties: The punishment depends on the value of the damage or prejudice caused; it can range from arresto mayor (light imprisonment) to reclusión temporal (lengthy imprisonment) for larger amounts.

  2. Perjury (Article 183, Revised Penal Code)

    • Definition: Perjury is committed by making a false statement under oath in a judicial or official proceeding, or in an affidavit required by law.
    • Penalties: Perjury is generally punishable by arresto mayor in its medium period to prisión correccional in its minimum period, depending on the specific circumstances.

  3. Relevance to NBI Records

    • Both estafa and perjury are criminal offenses. Once a complaint or information is filed in court or a prosecutor’s office, it may be recorded in the NBI’s database.
    • If the charges are dismissed or withdrawn, a person is no longer considered to have a pending criminal case—but the initial record of the filing may still appear until the NBI receives the proper documentation to update or expunge the entry.

3. Dismissal of Criminal Cases: Types and Implications

  1. Provisional vs. Permanent (Final) Dismissal

    • A provisional dismissal (e.g., “dismissed without prejudice”) may allow refiling under certain circumstances, depending on the nature of the dismissal and the statute of limitations.
    • A permanent (final) dismissal or an acquittal means the case cannot simply be revived unless reversed by a higher court on very limited grounds (e.g., an appeal by the prosecution if the dismissal was not yet final).

  2. Certificate of Finality

    • For a dismissal to be deemed final and executory, the court typically issues a Certificate of Finality once the period to appeal has lapsed without an appeal being filed.
    • This document is often essential for clearing one’s record because it definitively shows that the case can no longer be revived.

  3. Court Clearance and Other Supporting Documents

    • Individuals may also secure a Court Clearance stating there are no pending cases under their name within a particular jurisdiction.
    • Such documents are useful when dealing with any discrepancy or “hit” on the NBI database.

4. How Dismissed Estafa or Perjury Cases Appear on NBI Clearance

  1. Possible “Hit” Despite Dismissal

    • Even if a case has been dismissed, an applicant might still receive an initial “hit” when applying for or renewing an NBI Clearance.
    • This “hit” appears because the NBI’s database registers any filed case, and the system may not automatically recognize that the case ended in a dismissal—especially if the dismissal is recent or the court’s update has not yet been transmitted.

  2. Verification Process

    • If there is a “hit,” the NBI will require the individual to go to the Quality Control/Verification section. There, the applicant will be asked for any court documents (e.g., Order of Dismissal, Certificate of Finality) proving that the case has indeed been dismissed.
    • Once verified, the NBI typically updates the individual’s record to reflect the dismissal, and issues the NBI Clearance indicating “No Record on File” or “No Derogatory Record,” depending on how the system categorizes resolved or dismissed cases.

  3. Potential Delays

    • If the applicant does not have the necessary dismissal documents on hand, or if there is a need to verify authenticity directly from the court, the clearance issuance may be delayed.
    • In such cases, the applicant may be required to return to the NBI on a later date with complete documentation.

5. Steps to Ensure Your NBI Record Is Properly Updated

  1. Obtain Official Court Documents

    • If you have an Estafa or Perjury case that was dismissed, secure certified true copies of:
      • The Order of Dismissal from the court.
      • The Certificate of Finality (if the order has become final and executory).
      • A Court Clearance (if available or required).

  2. Present Documents to the NBI

    • When you apply or renew your NBI Clearance and encounter a “hit,” you will be directed to a Verification Officer.
    • Provide the necessary documents to show that the criminal charge in question has been dismissed.
    • The Verification Officer will then update the system or confirm the dismissal with the court, after which your clearance can be processed with a “No Derogatory Record” or equivalent notation.

  3. Follow Up

    • Although the NBI coordinates with courts, ensuring your own documents are in order speeds up the process.
    • If you have repeated difficulties, consider writing a formal request to the NBI Record Management Division or seeking the assistance of a lawyer to ensure the database is corrected.

  4. Keep Personal Records

    • Always keep copies of all court documents, especially if you anticipate future applications for employment, travel, or other clearances.
    • Consistent documentation helps avoid recurring problems each time you renew your NBI Clearance.

6. Legal and Practical Considerations

  1. No Criminal Liability Upon Final Dismissal

    • Once the estafa or perjury charge is dismissed, you carry no criminal liability or official “record of conviction.” A dismissal means there is no final adverse judgment against you.
    • However, the history of the filing can still appear in law enforcement databases until properly updated.

  2. Data Privacy

    • The Philippines has the Data Privacy Act of 2012 (Republic Act No. 10173), which protects personal information.
    • In principle, once a case is dismissed, continued reflection of outdated or inaccurate records without a lawful basis may raise privacy concerns. However, the NBI typically maintains records of filed criminal complaints for legitimate law enforcement purposes and only removes or seals them upon proper verification that the case was concluded or dismissed.

  3. Civil Liabilities

    • In estafa cases, there might be civil aspects (e.g., obligations to pay damages or restitution). Even if the criminal case is dismissed, any civil liability determined in a separate proceeding or compromise agreement might persist. This civil aspect, however, does not typically appear on an NBI Clearance unless tied to an active criminal proceeding or court order.

  4. Provisional Dismissal vs. Double Jeopardy

    • If the dismissal is provisional, the prosecution may refile the charges under certain conditions, especially if the ground for dismissal was not on the merits (e.g., insufficient evidence, failure to prosecute in due time).
    • A permanent dismissal on the merits, or an acquittal, may invoke double jeopardy protections under Philippine law, preventing the same case from being filed again.

7. Conclusion

A dismissed estafa or perjury charge, in principle, should not permanently taint an individual’s NBI Clearance once the dismissal is final and duly reflected in the NBI’s records. However, in practice, the dismissal must be clearly documented and communicated to the NBI. Applicants should be prepared to present certified true copies of the dismissal order or a Certificate of Finality to expedite the clearing of any “hit” in the NBI database.

Key Takeaways:

  • Even after a case is dismissed, it may appear as a “hit” until the NBI’s records are updated.
  • Applicants must submit proof of dismissal (e.g., Order of Dismissal, Certificate of Finality) to clear or remove any derogatory record.
  • Once verified, the NBI Clearance should reflect that there is no longer any pending or active criminal case, effectively restoring the applicant’s clean record.

If you are dealing with dismissed criminal charges and facing issues with your NBI Clearance, you may wish to consult an attorney for specific guidance, ensure you have the correct court documents, and follow the NBI’s verification procedures. This proactive approach will help safeguard your rights and ensure that your clearance accurately reflects your legal standing.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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