How to Clear an NBI Hit from a Dismissed or Settled Case in the Philippines

Introduction

In the Philippines, the National Bureau of Investigation (NBI) Clearance is a vital document for various purposes, including employment, travel, and government transactions. It certifies whether an individual has any pending criminal cases or derogatory records in the NBI's database. An "NBI Hit" occurs when the system flags a record during the clearance application process, indicating a match with a name in their criminal records index. This could stem from a past case that was dismissed, settled, or otherwise resolved but not yet updated or annotated in the NBI's system.

A hit does not necessarily mean an active criminal conviction; it often reflects incomplete or outdated information. For cases that have been dismissed (meaning the court found no basis to proceed or acquitted the accused) or settled (such as through compromise agreements in civil matters or certain criminal cases), individuals can seek to clear or annotate the record to prevent future hits. This process ensures the NBI Clearance reflects the true status of the case, allowing the applicant to obtain a "no derogatory record" certification.

Clearing an NBI Hit is grounded in the principles of due process and the right to privacy under the 1987 Philippine Constitution, as well as administrative procedures under the NBI's mandate (Republic Act No. 157, as amended). It promotes rehabilitation and reintegration into society, especially for those wrongly accused or whose cases were resolved favorably. However, failure to clear a hit can lead to delays in job opportunities, visa applications, or even professional licensing.

This article provides a comprehensive overview of the process, legal considerations, required documents, potential challenges, and best practices for clearing an NBI Hit from dismissed or settled cases in the Philippine context.

Understanding NBI Hits and Their Implications

What Constitutes an NBI Hit?

An NBI Hit is triggered by the Biometrics Identification and Records System (BIRS) during the clearance application. The system cross-references the applicant's fingerprints and personal details against a national database of criminal records from courts, police, and other law enforcement agencies. Hits can arise from:

Pending cases (e.g., ongoing trials).
Resolved cases without proper annotation (e.g., dismissals not reported to NBI).
Similar names or aliases causing false positives (homonyms).
Settled cases where a compromise was reached but the record remains unflagged.

For dismissed cases, the hit might show "with case" or "derogatory record," even if the dismissal was final. Settled cases, particularly in criminal matters involving private complainants (e.g., estafa or slight physical injuries), may still appear if the settlement wasn't court-approved or reported.

Legal Framework

The process is governed by:

NBI Administrative Orders: Specifically, NBI Memorandum Circular No. 2018-001 and related issuances, which outline clearance procedures and record annotation.
Revised Penal Code (Act No. 3815) and Rules of Court: Rule 112 on preliminary investigations and Rule 119 on trial procedures address dismissals.
Republic Act No. 10173 (Data Privacy Act of 2012): Ensures that personal data, including criminal records, is accurate and up-to-date, providing a basis for correction.
Republic Act No. 10353 (Anti-Enforced or Involuntary Disappearance Act) and other laws mandating record updates for acquitted or dismissed individuals.
Judicial precedents, such as Supreme Court rulings in cases like People v. Court of Appeals (G.R. No. 144332, 2004), emphasizing the finality of dismissals.

Dismissals can be provisional (subject to revival) or final (with prejudice, barring refiling). Settled cases often involve affidavits of desistance or compromise agreements under Article 2034 of the Civil Code, but in criminal cases, public interest crimes (e.g., murder) cannot be settled privately.

Differences Between Dismissed and Settled Cases

Dismissed Cases: These end without conviction, often due to lack of probable cause, acquittal, or double jeopardy. Examples include motions to quash or demurrer to evidence. The record should be expunged or annotated as "dismissed."
Settled Cases: Common in quasi-offenses or crimes requiring private complaint. Settlement via mediation (e.g., under Katarungang Pambarangay Law, Republic Act No. 7160) or court-approved compromise leads to dismissal. However, the hit persists until NBI is notified.

Unresolved hits can result in annotations like "For Verification" on the clearance, requiring further action.

Step-by-Step Process to Clear an NBI Hit

The clearance process begins with an online application via the NBI website (nbi.gov.ph), but hits are addressed in person. Here's the detailed procedure:

Step 1: Apply for NBI Clearance and Identify the Hit

Register online and schedule an appointment at an NBI Clearance Center.
Pay the fee (PHP 130 for local employment, higher for abroad).
During biometrics, if a hit is detected, the system will flag it, and you'll receive a "Hit" notice with details of the case (e.g., court, docket number).
Proceed to the Quality Control Section for initial assessment.

Step 2: Gather Required Documents

Documents vary by case type but generally include:

For Dismissed Cases:
- Certified true copy of the Court Order of Dismissal or Acquittal.
- Certificate of Finality from the court clerk (confirming no appeal was filed).
- Entry of Judgment if applicable.
For Settled Cases:
- Court-approved Compromise Agreement or Joint Motion to Dismiss.
- Affidavit of Desistance from the complainant.
- Receipt of payment or satisfaction of obligation (e.g., in estafa cases).
Common to Both:
- Valid government-issued ID (e.g., passport, driver's license).
- NBI Hit notice or previous clearance with annotation.
- Police report or fiscal's resolution if the case didn't reach court.
- If the hit is due to a homonym, an Affidavit of Denial and supporting documents (e.g., birth certificate).

All documents must be original or certified true copies from the issuing court or agency.

Step 3: Submit Documents to NBI

Visit the NBI Main Office in Manila (United Nations Avenue) or regional offices with a Legal Division.
File a request for annotation or clearance at the Legal Evaluation Division or Clearance Processing Section.
Pay additional fees: PHP 200-500 for annotation, plus PHP 25 for documentary stamp.
Submit a sworn affidavit explaining the case resolution if needed.

Step 4: NBI Review and Verification

NBI verifies documents with the originating court or agency (this may take 1-15 days).
If approved, the record is annotated (e.g., "Case Dismissed per Court Order dated [date]").
For false hits (homonyms), NBI may require fingerprint comparison or additional affidavits.

Step 5: Receive Updated Clearance

Return to the Clearance Center to claim the annotated clearance.
Future applications should no longer show the hit.

The entire process typically takes 1-4 weeks, depending on document completeness and NBI backlog. Expedited processing is unavailable officially, but urgent requests can be flagged for employment purposes.

Fees and Timeframes

Standard Fees: PHP 130 base clearance + PHP 200 annotation fee.
Additional Costs: Notarization (PHP 100-200), certified copies (PHP 50-100 per page), travel expenses.
Timeframes:
- Document gathering: 3-7 days.
- NBI submission and review: 5-15 working days.
- Total: Up to 1 month; delays common during peak seasons (e.g., before school enrollment).

No refunds for denied requests; appeals can be filed with the NBI Director.

Common Challenges and Solutions

Challenge 1: Incomplete Court Records

Solution: Request a certification from the court clerk. If records are lost (e.g., due to fire), file a petition for reconstitution under Rule 135 of the Rules of Court.

Challenge 2: Inter-Agency Delays

Courts may not automatically report dismissals to NBI. Solution: Personally deliver certified copies to NBI.

Challenge 3: Multiple Hits or Complex Cases

For hits from multiple jurisdictions, consolidate submissions. Involve a lawyer for cases involving probation or pardon.

Challenge 4: False Positives

Common with common names. Solution: Submit an NBI Request for Disambiguation with affidavits from two disinterested persons.

Challenge 5: Cases Involving Minors or Sealed Records

Under Republic Act No. 9344 (Juvenile Justice Act), juvenile records are confidential. Request sealing or expungement via the Department of Social Welfare and Development (DSWD).

Legal assistance is advisable; free services available from Public Attorney's Office (PAO) or Integrated Bar of the Philippines (IBP).

Special Considerations

Expungement vs. Annotation: Full expungement is rare and requires a court order (e.g., for acquitted individuals under Article 89 of the Revised Penal Code). Annotation is more common.
Impact on Other Records: Clearing NBI doesn't automatically update PNP or DOJ records; separate requests may be needed.
For Overseas Filipinos: Use NBI's online renewal, but hits require in-person resolution or authorized representatives with Special Power of Attorney.
Preventive Measures: After resolution, immediately request court to notify NBI.
Criminal vs. Civil Cases: Purely civil settlements (e.g., debts) rarely cause hits unless criminal charges were filed.

Conclusion

Clearing an NBI Hit from a dismissed or settled case is a straightforward yet document-intensive process that restores one's good standing in official records. By following the steps outlined, individuals can ensure their NBI Clearance accurately reflects their legal status, facilitating smoother personal and professional pursuits. While self-representation is possible, consulting a lawyer can expedite matters and address nuances. Ultimately, this mechanism upholds justice by distinguishing resolved matters from active threats, aligning with the Philippine legal system's emphasis on fairness and finality.