Introduction

In the Philippines, the National Bureau of Investigation (NBI) Clearance is a vital document that serves as proof of an individual's criminal record status. It is commonly required for employment, visa applications, business permits, firearm licenses, and other official transactions. However, obtaining this clearance can become complicated when an applicant has a pending criminal case. This often results in a "hit" during the NBI's background check, delaying or preventing the immediate issuance of the clearance. This article explores the concept of a "hit" in the context of NBI clearances, its implications for those with pending cases, and the detailed steps to resolve such issues. Drawing from Philippine legal frameworks, including Republic Act No. 10867 (NBI Reorganization and Modernization Act) and relevant administrative guidelines, we delve into the processes, challenges, and remedies available to applicants.

Understanding NBI Clearance: Purpose and Process

The NBI Clearance, officially known as the NBI Clearance Certificate, is issued by the NBI under the Department of Justice (DOJ). It certifies whether an individual has any derogatory records, such as criminal convictions, pending cases, or warrants of arrest, based on the bureau's database and inter-agency linkages.

Purpose of NBI Clearance

Employment and Professional Requirements: Many employers, especially in government and private sectors, mandate it to ensure applicants have no criminal history that could pose risks.
Travel and Immigration: Essential for overseas Filipino workers (OFWs), visa applications, and international travel clearances.
Legal and Business Transactions: Required for bidding in government contracts, adopting children, or securing licenses (e.g., Professional Regulation Commission IDs).
Personal Verification: Individuals may request it for personal records or to confirm their status.

Application Process

The standard process involves:

Online registration via the NBI Clearance website (clearance.nbi.gov.ph) or authorized centers.
Payment of fees (ranging from PHP 130 for local purposes to higher for multi-purpose clearances).
Biometric capturing (fingerprints, photo) at an NBI branch or satellite office.
Background check against the NBI's National Crime Information System (NCIS) and other databases, including those from the Philippine National Police (PNP), courts, and Interpol.

If no issues arise, the clearance is printed and released on the spot or within days. However, a "hit" triggers additional verification.

What Does a “Hit” Mean in NBI Clearance?

A "hit" refers to a positive match in the NBI's database indicating derogatory information linked to the applicant's name, birthdate, or other identifiers. It does not necessarily mean guilt but flags potential concerns that require further scrutiny.

Types of Hits

Hits can stem from various sources:

Criminal Records: Past convictions, acquittals, or dismissed cases that remain in the system until properly updated.
Pending Cases: Ongoing criminal proceedings in courts, which are the focus of this article.
Warrants of Arrest: Active bench warrants or hold departure orders.
Similar Names or Aliases: False positives due to name similarities (e.g., common surnames like "Santos" or "Cruz"), requiring identity verification.
Administrative or Civil Matters: Rarely, but possible if linked to criminal elements, such as graft cases under the Sandiganbayan.
International Alerts: Interpol notices or extradition requests.

In the context of pending cases, a hit occurs when the NBI's system detects an unresolved criminal complaint or indictment. This could involve felonies (e.g., theft, estafa, drug offenses) or misdemeanors, filed in Metropolitan Trial Courts (MeTC), Municipal Trial Courts (MTC), Regional Trial Courts (RTC), or higher tribunals.

Legal Basis for Hits

Under Section 5 of Republic Act No. 10867, the NBI is mandated to maintain a comprehensive database of criminal records. Executive Order No. 292 (Administrative Code of 1987) and DOJ Circulars further require cross-referencing with court records. A pending case is considered a "derogatory record" until resolved, as per NBI Memorandum Circular No. 2018-001, which outlines clearance issuance protocols.

Hits are not discriminatory but ensure public safety and compliance with laws like Republic Act No. 10173 (Data Privacy Act), which governs how personal information is handled during checks.

Implications of a Pending Case on NBI Clearance

A pending criminal case automatically triggers a hit because it indicates unresolved legal liabilities. This has several consequences:

Immediate Effects

Delayed Issuance: Instead of instant release, the applicant receives a "hit notice" and must undergo a Quality Control Interview (QCI) at the NBI Main Office in Manila or regional hubs.
Annotation on Clearance: If issued, the clearance may include annotations like "For further verification" or "With pending case," which can affect its acceptability (e.g., employers may reject it).
Denial in Severe Cases: For high-risk offenses (e.g., terrorism under Republic Act No. 11479), clearance may be withheld entirely.

Broader Impacts

Employment Barriers: Many job offers are conditional on a clean clearance, leading to lost opportunities.
Travel Restrictions: Pending cases can result in hold departure orders (HDOs) under DOJ Circular No. 41, Series of 2010, preventing international travel.
Reputational Harm: Even if the case is baseless, the hit can stigmatize the individual.
Financial Costs: Additional fees for court certifications, travel to NBI offices, and legal fees.

Statistically, pending cases contribute to a significant portion of hits; NBI reports indicate that name similarities and unresolved dockets account for over 50% of delays in clearance processing.

How to Clear a Hit Due to a Pending Case

Clearing a hit involves verifying the status of the pending case and updating the NBI's records. This is not about "expunging" the record but ensuring accurate reflection of the case's disposition. The process is administrative rather than judicial, though it may require court intervention.

Step-by-Step Guide to Clearing the Hit

Receive the Hit Notice:
- During application, if a hit is detected, the NBI officer will inform you and issue a notice specifying the nature (e.g., "Pending case at RTC Branch X").
- Note the case details, such as case number, court, and offense.
Attend the Quality Control Interview (QCI):
- Schedule and attend a QCI at the NBI Clearance Center (e.g., UN Avenue, Manila, or regional offices like Quezon City or Cebu).
- Bring identification (e.g., valid IDs, birth certificate) to confirm identity and rule out false positives.
- The interviewer will review the hit and advise on required documents.
Obtain Court Certification:
- Visit the court handling the pending case (e.g., RTC for serious crimes).
- Request a "Certification of Case Status" or "Certificate of No Pending Case" if applicable. For pending cases, this should detail the current stage (e.g., pre-trial, trial proper).
- If the case has been resolved (e.g., dismissed via motion to quash under Rule 117 of the Rules of Court), secure a "Certificate of Finality" or court order of dismissal/acquittal.
- Fees for certifications vary (PHP 50–200 per document), and processing may take 1–5 days.
Submit Documents to NBI:
- Return to the NBI with the court certification, hit notice, and application receipt.
- The NBI will verify the documents against their database. If the case is still pending, they may issue an annotated clearance or require periodic updates.
- For resolved cases, request database update to remove the hit.
Resolve the Underlying Case (If Necessary):
- To fully clear the hit, address the pending case judicially:
  - File a motion for provisional dismissal if inactive for over a year (Rule 119, Section 8).
  - Seek amicable settlement for compoundable offenses (e.g., slight physical injuries under Article 266 of the Revised Penal Code).
  - If innocent, proceed to trial or file a counter-affidavit during preliminary investigation.
- Engage a lawyer or the Public Attorney's Office (PAO) for indigent litigants under Republic Act No. 9406.
Follow-Up and Reapplication:
- After submission, the NBI may take 1–2 weeks to process updates.
- Reapply for clearance once confirmed cleared. Online tracking via the NBI website is available.

Special Considerations

False Hits Due to Name Similarity: Provide affidavits of discrepancy or additional biometrics. NBI may require fingerprint comparison.
Multiple Cases: Each must be certified separately.
Appeals: If NBI denies clearance unjustly, appeal to the DOJ Secretary under administrative remedies.
Timeframes: The entire process can take 1–6 months, depending on court backlog (Philippine courts handle over 800,000 pending cases annually, per Supreme Court data).
Online vs. Walk-In: Hits are handled in-person; online applications flag them for follow-up.

Challenges and Common Pitfalls

Court Delays: Philippine judiciary congestion (e.g., due to COVID-19 backlogs) prolongs certification issuance.
Database Inaccuracies: NBI's system may not update in real-time; manual interventions are common.
Costs: Beyond fees, travel and lost wages add up, especially for provincial applicants.
Privacy Concerns: Under the Data Privacy Act, applicants can request data correction but must prove inaccuracies.
Fraudulent Services: Avoid "fixers" offering quick resolutions, as this violates anti-graft laws (Republic Act No. 3019).

Legal Reforms and Recommendations

Recent reforms, such as the NBI's digitalization under the Ease of Doing Business Act (Republic Act No. 11032), aim to reduce hits through better inter-agency data sharing (e.g., with the Supreme Court's e-Court system). Applicants are advised to maintain clean records, promptly address complaints, and consult legal aid for proactive case management.

In summary, a hit due to a pending case in NBI clearance is a safeguard mechanism, not a punishment. By following the outlined steps and engaging the legal system diligently, individuals can resolve these issues and obtain the necessary certification.