NBI Clearance “HIT” for a Pending Case: How to Clear Your Record in the Philippines

Introduction

In the Philippines, the National Bureau of Investigation (NBI) Clearance is a vital document required for various purposes, such as employment, visa applications, travel abroad, and government transactions. It serves as an official certification from the NBI regarding an individual's criminal record or lack thereof. However, applicants often encounter a "HIT" status during the application process, which indicates a derogatory record in the NBI's database. A HIT can stem from various sources, including pending criminal cases, arrest warrants, or prior convictions.

This article focuses specifically on HITs caused by pending cases—those that are still ongoing in courts or with prosecutors. We will explore the nature of such HITs, their implications, the legal framework governing them, and a step-by-step guide on how to clear your record. Understanding this process is crucial, as unresolved HITs can hinder personal and professional opportunities. Note that while the NBI Clearance can still be issued with a HIT annotation, clearing the record requires addressing the underlying case to remove the derogatory mark entirely.

Understanding NBI Clearance and the "HIT" System

What is NBI Clearance?

The NBI Clearance, officially known as the NBI Clearance Certificate, is issued by the National Bureau of Investigation under the Department of Justice (DOJ). It is a background check document that verifies whether an individual has any criminal records based on the NBI's centralized database, which compiles information from police reports, court records, and other law enforcement agencies across the country.

Applications for NBI Clearance can be made online via the NBI's official website or at designated clearance centers. The process involves biometric fingerprinting, payment of fees (typically ranging from PHP 130 to PHP 160, depending on the purpose), and a waiting period. Once processed, the clearance is either issued as "No Record on File" (clean) or with annotations if issues are found.

What Does a "HIT" Mean?

A "HIT" in the NBI system refers to a positive match or derogatory information flagged during the database search. It does not necessarily mean a conviction; it can indicate:

Pending criminal cases (e.g., complaints filed with the prosecutor's office or cases in trial).
Active arrest warrants.
Prior convictions or ongoing probation.
Similar names or identities that require verification (a "name HIT" or "alias HIT").

For pending cases, the HIT arises because the case is unresolved, and the NBI is mandated to reflect this in their records to ensure transparency and compliance with law enforcement protocols. Under Philippine law, particularly Republic Act No. 10867 (NBI Reorganization and Modernization Act), the NBI maintains an integrated database to assist in crime prevention and investigation, which includes flagging active legal matters.

A HIT does not prevent you from obtaining the clearance certificate; instead, the document will be issued with a notation detailing the HIT, such as "With Pending Case" followed by case details (e.g., case number, court, and nature of the offense). This annotation alerts potential employers or agencies to the issue, which may require further explanation or resolution from the applicant.

Implications of a HIT for a Pending Case

Employment and Opportunities: Many employers, especially in government, banking, and security-sensitive sectors, view a HIT as a red flag. It may lead to job denials or delays until clarified.
Travel and Visas: For international travel, a HIT-annotated clearance can complicate visa applications, as foreign embassies often require a clean police record.
Legal Consequences: Ignoring a HIT could exacerbate the underlying case, potentially leading to bench warrants if court appearances are missed.
Personal Impact: It can cause stress and administrative hurdles, but it's important to remember that a pending case does not equate to guilt—everyone is presumed innocent under Article III, Section 14 of the 1987 Philippine Constitution.

HITs for pending cases are common in scenarios involving minor offenses like slight physical injuries, theft, or estafa, as well as more serious ones like drug-related charges or violence. The HIT remains until the case is resolved favorably (e.g., dismissed or acquitted) or unfavorably (e.g., convicted, which may lead to a permanent record).

Legal Framework Governing NBI HITs and Record Clearance

The management of criminal records and HITs is governed by several Philippine laws and regulations:

Republic Act No. 10867 (NBI Reorganization Act): Empowers the NBI to maintain a comprehensive database of criminal records and mandates the issuance of clearances with accurate annotations.
Presidential Decree No. 968 (Probation Law): Relevant for cases where probation is granted, as successful completion can lead to record expungement.
Republic Act No. 10592 (Amended Revised Penal Code on Good Conduct Time Allowance): Allows for sentence reductions, which can indirectly aid in clearing records post-conviction.
Rules of Court (particularly Rule 112 on Preliminary Investigation and Rule 116 on Arraignment): Outline procedures for case resolution, which are prerequisites for clearing HITs.
Data Privacy Act of 2012 (RA 10173): Ensures that personal data in NBI records is handled securely, but it does not prevent the flagging of legitimate HITs.
Administrative Orders from the DOJ and Supreme Court: These provide guidelines on record updating, such as DOJ Circular No. 41, s. 2000, on the cancellation of derogatory records upon case dismissal.

The Supreme Court has also issued rulings emphasizing due process in record management, such as in cases where erroneous HITs due to homonyms must be rectified promptly.

Reasons for a HIT Due to a Pending Case

A pending case triggers a HIT when:

A complaint is filed with the Office of the Prosecutor (Fiscal) and undergoes preliminary investigation.
The case is elevated to court after finding probable cause.
The individual is involved as a respondent, even if not yet arrested.
There are related administrative cases (e.g., with the Ombudsman for public officials).

Common offenses leading to such HITs include:

Crimes against persons (e.g., alarms and scandals, physical injuries).
Crimes against property (e.g., qualified theft, swindling).
Violations of special laws (e.g., Bouncing Checks Law, Anti-Violence Against Women and Children Act).

If the case is archived or suspended (e.g., due to lack of evidence), the HIT may persist until formal dismissal.

Step-by-Step Guide: How to Clear Your Record

Clearing a HIT for a pending case involves resolving the underlying legal matter and updating the NBI database. This process cannot be rushed if the case is genuinely pending, as premature attempts may be futile. Here's a comprehensive guide:

Step 1: Verify the HIT Details

Upon receiving a HIT notification during NBI application, note the details provided (case number, court, offense).
If unclear, visit the NBI Clearance Center's Quality Control Section or request a "HIT Confirmation" to get specifics.
Cross-check with the court or prosecutor's office to confirm the case status.

Step 2: Resolve the Pending Case

Consult a Lawyer: Engage legal counsel to handle the case. Free legal aid is available through the Public Attorney's Office (PAO) for indigent individuals.
Attend Hearings: Comply with all court schedules to avoid warrants.
Seek Dismissal or Acquittal:
- File a Motion to Quash or Demurrer to Evidence if grounds exist (e.g., lack of jurisdiction, prescription).
- Negotiate settlements in civil aspects of criminal cases (e.g., via affidavit of desistance for compoundable offenses).
- If the prosecutor finds no probable cause, secure a Resolution of Dismissal.
For Archived Cases: File a Motion to Revive and then seek dismissal.
Timeline: Resolution can take months to years, depending on court backlog.

Step 3: Obtain Certification of Case Resolution

Once dismissed or acquitted:
- Request a Certificate of Dismissal or Certificate of Acquittal from the prosecutor's office or court clerk.
- Ensure it includes the "Finality" clause, certifying no appeals were filed (typically after 15 days from decision).
For convictions followed by probation or pardon: Obtain a Certificate of Discharge or Pardon Certificate.

Step 4: Submit Documents to NBI for Clearance Update

Visit the NBI Main Office in Manila or a regional office with jurisdiction.
Submit:
- Original and photocopies of the court/prosecutor certification.
- Valid ID (e.g., passport, driver's license).
- Previous NBI Clearance with HIT (if any).
- Accomplished NBI Clearance Application Form.
Pay the processing fee (around PHP 200 for updating).
The NBI will verify and update their database, removing the HIT. This may take 1-2 weeks.

Step 5: Apply for a New NBI Clearance

Once updated, reapply for clearance to confirm the HIT is cleared. The new certificate should state "No Record on File" or reflect the resolved status.

Special Scenarios

Name HIT (Homonym Issue): If the HIT is due to a similar name, submit an Affidavit of Denial and supporting documents (birth certificate, IDs) to the NBI for disambiguation.
Warrant-Related HIT: Surrender voluntarily or post bail, then follow clearance steps.
Expungement for Juveniles: Under RA 9344 (Juvenile Justice Act), records of minors can be sealed upon rehabilitation.
Administrative Cases: For government employees, resolve via Civil Service Commission or Ombudsman, then update NBI.

Requirements and Documents Needed

Document	Purpose	Source
Court/Prosecutor Certification (Dismissal/Acquittal)	Proof of case resolution	Court Clerk or Prosecutor's Office
Valid Government-Issued ID	Identity verification	BIR, SSS, PhilHealth, etc.
Affidavit of Denial (for name HITs)	To clarify identity mismatch	Notary Public
Previous NBI Clearance	Reference for HIT details	Applicant
Application Form	For update request	NBI Website or Office
Payment Receipt	Processing fees	NBI Cashier

Tips and Best Practices

Act promptly: Delaying can lead to case escalation.
Keep records: Maintain copies of all documents and correspondences.
Avoid Fixers: Use official channels to prevent scams or further legal issues.
Monitor Case Status: Use the Supreme Court's e-Court system or DOJ's online portals where available.
Seek Alternatives: If clearance is urgent, explain the HIT in applications (e.g., with an affidavit) while resolving it.
Preventive Measures: Avoid actions leading to cases; know your rights under the law.

Challenges and Common Pitfalls

Court Delays: Philippine courts are notoriously backlogged; patience is key.
Erroneous Records: Database errors occur; appeal to NBI's Legal Division if needed.
Costs: Legal fees, transportation, and document notarization can add up.
Privacy Concerns: HIT annotations are public in the clearance but protected under data privacy laws.

Conclusion

Clearing an NBI Clearance HIT due to a pending case in the Philippines requires diligence, legal compliance, and proactive resolution of the underlying matter. By following the steps outlined, individuals can restore their record, ensuring unhindered access to opportunities. Remember, the justice system emphasizes rehabilitation and due process—seeking professional legal advice is always recommended to navigate this effectively. If issues persist, consulting the DOJ or NBI directly can provide case-specific guidance.