In the Philippines, an NBI Clearance is a vital document used to prove that an individual has no derogatory record. However, when an applicant has a "Hit"—meaning their name is linked to a criminal case—the process becomes significantly more complex. Understanding how a pending case or a settled compromise agreement affects this clearance is essential for navigating the bureaucracy of the National Bureau of Investigation.
1. The "Hit" and the NBI Quality Control
When you apply for a clearance and the system flags your name, you are issued a "Hit" status. This does not necessarily mean you have a criminal record; it simply means there is a person with the same name (an alias or a namesake) or that there is an active or archived case associated with your identity.
If you have a pending case, your application will be forwarded to the NBI Quality Control (QC) Section. You will be asked to return after a few days or weeks for an interview or to provide supporting documentation.
2. Impact of a Pending Case
A pending criminal case is a case currently being litigated in court where no final judgment of conviction or acquittal has been rendered.
- Can you still get a clearance? Yes. Having a pending case does not automatically disqualify you from obtaining an NBI clearance.
- The "With Remarks" Status: If the case is still active, the NBI will likely issue a clearance, but it will contain Remarks. These remarks usually list the specific case number, the court where it is pending, and the nature of the offense (e.g., "PENDING CASE: Criminal Case No. 12345, RTC Br. 10, Manila").
- The Issue of Warrants: If the NBI system detects an active Warrant of Arrest linked to your pending case, you will not be issued a clearance. Instead, you may be detained by NBI agents upon arrival. You must first settle the warrant (usually by posting bail) before proceeding.
3. Impact of a Compromise Agreement
A Compromise Agreement is a contract whereby the parties, by making reciprocal concessions, avoid litigation or put an end to one already instituted (Art. 2028, Civil Code). In criminal law, this is common in cases like BP 22 (Bouncing Checks) or Estafa, where the civil aspect is settled.
The Procedural Requirement: Dismissal
Simply signing a compromise agreement is not enough to clear your NBI record. The NBI is an administrative body that relies on court orders. To remove a "Hit" or clear the remarks based on a compromise, you must:
- Submit the Compromise Agreement to the Court.
- Have the Court issue an Order of Dismissal based on the settlement (or a "Motion to Withdraw" filed by the prosecutor).
- Obtain a Certificate of Finality or a Certified True Copy of the Dismissal Order.
Without the formal court order dismissing the case, the NBI will continue to view the case as "Pending."
4. Steps to Clear Your Record (The "NBI Clearance Certificate")
If your case has been dismissed due to a compromise agreement or an acquittal, you must undergo the "Request for Deletion" or update process:
| Step | Action | Description |
|---|---|---|
| 1 | Secure Court Documents | Obtain a Certified True Copy of the Order of Dismissal or the Decision from the branch of the court where the case was filed. |
| 2 | Obtain a Court Clearance | Request a "Certificate of No Pending Case" from the Office of the Clerk of Court of the city/province where the case existed. |
| 3 | Proceed to NBI Main | Bring these documents to the NBI Clearance Center (usually the Main Office in Taft Avenue, Manila, or the specific regional hub) and head to the Quality Control/Legal Research Assistance Desk. |
| 4 | Affidavit of Denial | If the "Hit" is for a namesake (not you), you will be asked to sign an Affidavit of Denial on-site. |
5. Important Legal Distinctions
- Civil Cases: Generally, purely civil cases (e.g., collection of money without a criminal element) do not appear on an NBI Clearance, as the NBI tracks criminal records.
- Administrative Cases: Cases involving professional licenses (PRC) or government employment (CSC) usually do not reflect on the NBI clearance unless they have a concurrent criminal component.
- The "No Derogatory Record" Remark: This is the gold standard. To achieve this after having a case, you must ensure the NBI's internal database is updated with your dismissal papers, or else the "Hit" will reappear every time you renew.
Note: Always keep personal copies of your Court Dismissal Orders. The synchronization between the Judiciary and the NBI database is not always real-time; manual intervention by the applicant is frequently required to "clean" the record for future applications.