In the Philippine legal and administrative system, the National Bureau of Investigation (NBI) Clearance serves as a vital document certifying that an individual has no derogatory criminal records. However, a significant number of applicants encounter a procedural delay known as a "Hit." When this occurs because the applicant shares a name with a person who has an existing criminal record, the applicant must secure a Certificate of Not the Same Person (NTSP).
I. The Nature of the "Hit" System
The NBI maintains a comprehensive database of individuals with criminal records, pending cases, or warrants of arrest. A "Hit" is triggered when the system finds a match—either exact or partial—between the applicant’s name and an entry in the criminal database.
Because names are not unique, many law-abiding citizens are flagged due to a namesake (kamukha-ng-pangalan). The NTSP is the legal instrument used to clarify that the applicant and the person in the derogatory record are two distinct individuals.
II. Documentary Requirements
To apply for an NTSP, the applicant must present evidence proving their distinct identity. The following documents are generally required:
| Document Type | Description |
|---|---|
| NBI Official Receipt | The original receipt issued during the payment of the clearance fee. |
| Notice of Hit/Interview | The slip or instruction provided by the NBI personnel during the initial application. |
| Valid Government IDs | At least two (2) original and photocopies (e.g., Passport, Driver’s License, UMID, PSA Birth Certificate). |
| Affidavit of Denial | A notarized legal document where the applicant declares under oath that they are not the person mentioned in the criminal record. |
| Court Clearances | (If applicable) If the namesake's case is specific, the NBI may require a clearance from the court where the case originated. |
III. The Step-by-Step Procedure
1. The Initial Application and "Hit" Result
Upon applying for an NBI clearance (online or in person) and undergoing biometrics, the applicant is informed of a "Hit." Instead of receiving the clearance immediately, the applicant is given a waiting period (usually 5 to 10 working days) for manual verification.
2. Manual Verification and Quality Control
The NBI’s Quality Control (QC) Division reviews the records. If the manual verification cannot definitively rule out the applicant as the person in the record, the applicant will be required to go to the NBI Main Office (Manila) or a designated regional center for an interview.
3. Execution of the Affidavit of Denial
The most critical legal component of the NTSP application is the Affidavit of Denial. In this document, the applicant must:
- State their full personal circumstances.
- Explicitly deny being the person involved in the specific criminal case(s) found in the NBI database.
- Attest to the truth of their statements under pain of perjury.
4. The Interview and Biometric Comparison
An NBI officer will conduct a short interview. They may compare physical characteristics or additional biographical data (such as parents' names, birthplace, or middle names) against the information in the derogatory record.
5. Final Approval and Issuance
Once the QC Division is satisfied that the applicant is indeed not the same person as the one in the record, they will clear the applicant’s profile. The Certificate of Not the Same Person is then issued, and the actual NBI Clearance is printed with a "No Derogatory Record" remark.
IV. Legal Implications and Perjury
The application for an NTSP is a serious legal undertaking. Under the Revised Penal Code of the Philippines, specifically provisions regarding Perjury, any individual who willfully and knowingly makes a false statement in an Affidavit of Denial can be held criminally liable.
If it is discovered that the applicant is the same person as the one in the record, the NTSP will be denied, and the applicant may face immediate apprehension if there is a standing warrant of arrest.
V. Key Points to Remember
- The NTSP is not permanent: In some cases, especially with common names, a "Hit" may recur in future applications, necessitating a repeat of the process, although the NBI has moved toward "tagging" profiles to minimize this.
- Main Office Jurisdiction: While initial applications can be done at satellite offices, complex "Hit" cases and the final issuance of NTSP often require a visit to the NBI Clearance Center in United Nations Avenue, Manila.
- Appearance is Mandatory: An applicant cannot send a representative to process an NTSP, as biometrics and personal interviews are essential for identity verification.