This article is for general information in the Philippine setting and is not a substitute for legal advice tailored to your specific facts.

I. What “Not the Same Person” and “Court Clearance” Usually Mean (Philippine Practice)

In Philippine usage—especially when dealing with immigration requirements (visa, residency, citizenship, or foreign employment)—two recurring issues show up:

Namesake / “HIT” on NBI Clearance
- You apply for an NBI Clearance and the system flags your name as a “HIT” (meaning your name matches or resembles a person with a criminal record, pending case, derogatory record, or watchlist entry).
- A “HIT” does not automatically mean you have a case. It often means you share a similar name with someone who does.
Foreign immigration asks for proof you are not the person in a record
- Sometimes a foreign authority sees an entry (or a prior NBI “HIT” result, or a court case involving a similar name) and requires proof that you are not the accused/convict.
- This is where “not the same person” documentation becomes relevant.

In Philippine practice, “Not the Same Person” proof is not always a single standardized certificate nationwide. Instead, it is usually established through a bundle of documents from the NBI and/or the courts (and occasionally prosecutors), showing that the record belongs to a different individual.

Court clearance commonly refers to a certification from a court (Office of the Clerk of Court) stating one of the following:

there is no pending criminal case under your name within that court’s records; or
a particular case exists but the accused is a different person (based on identifiers like birthdate, parentage, address, etc.); or
a case under a similar name has been dismissed/decided, and the status is clarified.

Separately, the NBI may ask you to produce a “court clearance” document to resolve a “HIT” so they can release your NBI clearance with the correct status.

II. Why Immigration Authorities Ask for These Documents

Foreign immigration systems typically evaluate:

identity consistency (names, aliases, birthdate, places lived),
police certificates (your NBI Clearance),
any adverse records (charges/convictions), and
whether a “match” could be you.

If there is ambiguity, they may request:

explanatory letter,
certified court documents,
proof of dismissal/acquittal, or
a certificate that you are not the same person as the subject of the record.

III. The Core Philippine Documents Used to Prove “Not the Same Person”

A. NBI Clearance (Primary Philippine Police Certificate)

For immigration, the NBI Clearance is typically the principal Philippine police certificate. If it’s clean and released normally, that may be enough.

If you are tagged with a HIT, you may need additional steps (see Part V).

B. Court Certifications (Your “Court Clearance” Toolkit)

Depending on what’s needed, courts can issue certifications such as:

Certification of No Pending Criminal Case (or similarly titled)
Certification of No Record / No Case Found (wording varies)
Certification/Clerk’s Certification referencing a specific case number and clarifying status or identity

These are obtained from:

Office of the Clerk of Court (OCC) of the relevant court:
- Municipal Trial Court (MTC/MCTC)
- Metropolitan Trial Court (MeTC) in Metro Manila
- Municipal Trial Court in Cities (MTCC)
- Regional Trial Court (RTC)

Important practical point: Courts can only certify based on their records. If you don’t know which court is relevant, you generally start with what NBI tells you (if it’s an NBI HIT) or with the location/case information the foreign authority provides (if they referenced a case).

C. Prosecutor Certifications (Sometimes Requested)

In some situations (especially when the issue is about whether a complaint was filed but not yet in court), an applicant may secure a certification from the Office of the City/Provincial Prosecutor about:

no pending complaint involving you; or
the respondent in a complaint is a different person.

This is less standardized and depends on local office practice and the exact request of the foreign authority.

D. Identity and Civil Registry Documents (To Differentiate You From a Namesake)

To prove you are not the person in a record, you will usually need strong identifiers:

PSA Birth Certificate
PSA Marriage Certificate (if applicable)
Government IDs (passport, driver’s license, UMID, PhilSys ID, etc.)
Proof of address history (as relevant)

E. Affidavit of Denial / Affidavit of Non-Identity (Common Supporting Document)

Many applicants execute an affidavit stating:

they are not the same person as the subject of a case/record;
they have never been charged/convicted (if true); and
their identifying details (birthdate, parents, address, etc.).

This affidavit is typically notarized and used as supporting evidence, not as the primary proof (the official proof usually comes from NBI/courts).

IV. Know Your Scenario First (Because the Steps Differ)

Scenario 1: You have an NBI “HIT” due to the same/similar name (most common)

Goal: Resolve the HIT so you can obtain your NBI clearance, and if needed obtain court certifications to prove non-identity.

Scenario 2: Immigration flagged a case/record (or you discovered one) and wants proof it’s not you

Goal: Get court certification referencing the specific case and clarifying identity mismatch, plus supporting identity documents.

Scenario 3: You have a real case, but it was dismissed/acquitted/archived, and immigration needs proof of disposition

Goal: Obtain certified true copies of the decision/order and a certificate of finality (when applicable), and sometimes a clerk’s certification of status.

Scenario 4: You had an alias, name change, late registration, legitimation, or inconsistent civil records

Goal: Align identity documents (PSA records, annotations, court orders if any) so “not the same person” issues don’t repeat.

V. Step-by-Step: Resolving an NBI “HIT” and Getting Court Clearance

Step 1: Apply for NBI Clearance the standard way

Select the purpose (often “Travel/Abroad” or “Immigration” depending on the portal options).
Attend biometrics capture (photo, fingerprints).

If no HIT: you receive your clearance normally (often same day or within a short period).

If HIT: proceed to Step 2.

Step 2: Follow NBI instructions for HIT cases

With a HIT, NBI typically schedules you for quality control / further verification. In many cases, they resolve it internally by comparing fingerprint biometrics and identifiers. In other cases, they instruct you to submit additional documents.

Practical tips:

Bring your passport and at least one other government ID.
Bring PSA Birth Certificate and, if relevant, marriage certificate.
Be ready to provide distinguishing information (middle name, suffix, parents’ full names, birthdate, places of residence).

Step 3: If NBI requires “Court Clearance,” ask for specifics

If NBI instructs you to get court clearance, try to clarify:

which court level (MTC/MeTC/RTC),
which city/province,
whether it’s a general “no pending case” certification or case-specific certification, and
any case number or branch info tied to the HIT.

Even when the record belongs to someone else, NBI may still require documentation to clear the match.

Step 4: Obtain the court certification from the Office of the Clerk of Court

You will generally do the following at the relevant courthouse:

A. Prepare documents

Government IDs (passport highly recommended)
PSA Birth Certificate (and marriage certificate if name changed)
Any NBI printout/transaction reference indicating HIT (if available)
Any information you have on the record (case number, parties, branch)

B. Request the certification You may request, depending on what applies:

Certification of No Pending Case / No Criminal Case Found
- Used when you need a court to certify there is no case under your identifiers.
- Be aware: Courts often search by name; if your name is common, provide full identifiers.
Certification relating to a specific case
- If there is a case with a similar name, you can request certification reflecting:
  - the accused’s listed identifiers (as appearing in records), and/or
  - that you are not the person involved (if the court can verify mismatch based on records available).

C. Pay legal/research fees Courts typically charge minimal fees for certifications and searches, but the fee schedule and processing time vary.

D. Receive the original certification For immigration, you usually need:

an original certification with court seal, signature, and date, and sometimes
multiple originals (one for filing, one for your records).

Step 5: Return to NBI for HIT clearance release

Submit the court certification to the designated NBI unit handling your HIT so they can clear the match and issue the NBI clearance.

Outcome possibilities:

NBI releases your clearance after resolving mismatch.
NBI may request additional documentation if the match is still unclear (e.g., if the court certification is too general or the namesake is too similar).

VI. Step-by-Step: “Not the Same Person” Proof for a Specific Case Flagged by Immigration

If a foreign authority cited a specific case (or you found a record attached to a similar name), do this:

Step 1: Identify the case details

Collect whatever you have:

case number,
court/branch,
place filed,
names of parties,
approximate date.

If you have no case number but you have the location and approximate time, you may still request a name-based search from the court, but results can be limited or require more time.

Step 2: Request a case-specific Clerk’s Certification

Ask the OCC for a certification that references the case and includes:

case title/number,
the accused/respondent as reflected in the record, and
the case status (pending/dismissed/decided), as applicable.

To establish “not the same person,” the most persuasive certifications are those that show the record’s identifiers do not match yours, such as:

different birthdate/age,
different parents’ names,
different address,
different middle name/suffix,
different spouse (when relevant).

Not all court records contain all identifiers; what’s available depends on the documents in the case file.

Step 3: If needed, obtain certified copies of key pleadings/orders

If identity mismatch needs to be demonstrated, certified true copies of documents like:

the Information/Complaint, and/or
the warrant/order, and/or
the decision/order of dismissal may help—especially if they show distinguishing details.

Step 4: Prepare your identity bundle

Include:

passport biodata page,
PSA Birth Certificate,
supporting IDs,
proof of name history (e.g., marriage certificate if you changed surname),
if applicable, certificates explaining civil registry annotations or corrections.

Step 5: Draft an explanation letter (for the foreign authority)

Your letter should be factual and structured:

Identify you (full name, DOB, passport number).
Identify the flagged record (case number, court, location).
Explain the mismatch (e.g., different birthdate/parentage/address).
List attached evidence (court certification, certified copies, PSA documents).

Avoid emotional language; focus on verifiable identifiers.

VII. Apostille and Authentication for Immigration Use Abroad

For many countries, Philippine public documents must be apostilled by the Department of Foreign Affairs (DFA) (because the Philippines is part of the Apostille Convention). In practice:

Court certifications and certified true copies intended for foreign use are commonly apostilled.
Ensure the document is an original or a proper certified true copy with the required signatures/seals.
Some receiving countries still require additional steps beyond apostille (e.g., translation by a sworn translator, or local notarization rules). Always follow the receiving authority’s document checklist.

VIII. Common Pitfalls (And How to Avoid Them)

Relying on a notarized affidavit alone
- An affidavit helps, but immigration and NBI usually want official records (court/NBI).
Requesting “court clearance” from the wrong court
- Start from the court linked to the HIT/case. If you guess, you may waste time and end up with certificates that don’t address the flagged record.
Name variations not documented
- Differences in spacing, suffixes (Jr., III), middle names, and married surnames can trigger “mismatches.”
- Bring documents that show the “chain” of your name history.
Not getting originals or certified copies
- Immigration often rejects plain photocopies. Secure originals/certified true copies early.
Multiple residences, multiple possible jurisdictions
- If your name is common and the issue persists, you may need certifications tied to places you lived, particularly if the requesting authority wants broader coverage.

IX. Practical Checklists

A. Checklist: For NBI HIT Resolution

Passport + secondary government ID
PSA Birth Certificate (and Marriage Certificate if applicable)
NBI transaction/appointment details
Any prior NBI clearance copies (if available)
Court clearance/certification documents (if NBI requires)

B. Checklist: For “Not the Same Person” Proof (Case-Specific)

Clerk of Court certification referencing case number/status
Certified true copies of key case documents (if needed)
PSA Birth Certificate, passport, IDs
Proof of name history (marriage certificate, annotated PSA records, etc.)
Explanation letter summarizing mismatch and attachments

X. When the Issue Is Actually a Real Record (Not a Namesake)

If the record truly pertains to you, immigration typically expects:

certified true copies of the final disposition (dismissal, acquittal, conviction, probation completion, etc.),
certificate of finality when relevant, and
accurate disclosures consistent with forms and background checks.

Trying to present it as “not the same person” when it is you can create serious immigration consequences abroad.

XI. Key Takeaways

In the Philippines, “Not the Same Person” for immigration is usually proven through official NBI and court documents, not a single universal certificate.
If the trigger is an NBI HIT, the path is: NBI verification → (if required) court clearance → NBI release.
If immigration flagged a specific case, the strongest proof is case-specific court certification plus identity documents showing the mismatch.
For foreign submission, plan for apostille and ensure you obtain original/certified documents.