Verify Fugitive Clearance Status with the NBI (Philippines)
A comprehensive legal‐practice guide
Important: This article is for general information only. It is not a substitute for personal legal advice. Laws and implementing rules can change; always confirm current requirements directly with the National Bureau of Investigation (NBI) or qualified counsel before acting.
1. Background & Legal Framework
| Law / Instrument | Key Provisions Relevant to Fugitive Clearance |
|---|---|
| Republic Act 10867 – NBI Reorganization & Modernization Act | §4-5 vests the NBI with authority to investigate crimes, maintain criminal records, enforce arrest warrants, and act as the Philippine National Central Bureau (NCB) for INTERPOL. |
| Rule 4, Rules on Extradition (A.M. No. 99-11-09-SC) | NBI assists the Dept. of Justice (DOJ) in locating, arresting, and verifying the status of persons sought under extradition treaties. |
| Mutual Legal Assistance in Criminal Matters Act (RA 10071) | Enables the NBI to process incoming MLA requests, including confirmation of a subject’s fugitive status. |
| Data Privacy Act of 2012 (RA 10173) | Governs the collection, retention, and disclosure of personal criminal-history information. |
| Directive 5-2017, NBI Operations Manual | Establishes the Interpol & International Operations Division (IIOD) as the lead unit for fugitive location and status verification. |
2. What “Fugitive Clearance” Means
Fugitive from Justice – A person with an outstanding Philippine arrest warrant, or the subject of a foreign warrant / INTERPOL Red Notice validated by the Department of Justice.
Clearance – A formal certification by the NBI stating either:
- “No derogatory record / not a fugitive.”
- “Positive hit – subject is wanted / under pending case.”
This certificate is separate from the ordinary NBI Multi-Purpose Clearance used for employment or travel. It is often required by:
- Foreign embassies processing visas, extradition, or deportation.
- Philippine courts before ruling on bail, probation, or motion to travel.
- Government agencies vetting appointees or contractors.
3. Who May Request Verification
| Eligible Requestor | Legal Basis | Typical Purpose |
|---|---|---|
| The individual concerned (Filipino or foreigner in PH) | RA 10867 §4(e) right to information | Personal due diligence; visa renewal; name clearance. |
| Authorized representative (with SPA or notarized authority) | Civil Code Art. 1878 | Checking a partner’s or employee’s record. |
| Law-enforcement & prosecutorial agencies (PNP, BI, DOJ) | Inter-agency MOUs | Ongoing criminal investigation or immigration case. |
| Foreign Central Authorities / Embassies | Treaty obligations | Extradition, deportation, or mutual legal assistance. |
4. Documentary Requirements (2025 Schedule)
Letter-Request addressed to the NBI Director or IIOD Chief, stating:
- Full name, aliases, date & place of birth of subject.
- Purpose (e.g., “verify if subject is a fugitive from justice”).
Two valid IDs (government-issued; photocopy + original for comparison).
Special Power of Attorney (if filing through a representative).
Proof of Payment – ₱130.00 Certification Fee + ₱25.00 Documentary Stamp.
Fingerprinting (rolled impressions on NBI Form No. 5) if the subject’s biometrics are not yet on file.
Tip: Foreign requestors must attach a copy of their passport photo-page and submit documents authenticated by their embassy or apostilled, per DFA Circular 2019-001.
5. Step-by-Step Procedure
| Step | Action | Where / How | Processing Time* |
|---|---|---|---|
| 1 | Secure appointment (walk-in allowed for 2025, but slots fill quickly) | NBI Clearance Online or IIOD desk | Same day |
| 2 | Submit documents & pay fees | Cashier, Ground Flr., NBI Main (Taft Ave., Manila) or any NBI Satellite | 10–30 min |
| 3 | Biometric capture / signature | Biometrics Section | 5 min |
| 4 | Record check against: • NBI E-Database • Philippine Information System on Arrest Warrants (PISAW) • INTERPOL I-24/7 database | Automated; analyst review if “hit” appears | 2 hrs – 5 days |
| 5 | Receive result: • No Record – clearance printed & released • HIT – verification/validation interview, possible extension | Releasing Window | 10 min (No HIT) / up to 15 working days (HIT) |
*Typical; may extend during system upgrades, nationwide manhunts, or force majeure.
6. Understanding the Result Codes
| Code Shown on Certificate | Meaning | Immediate Next Steps |
|---|---|---|
| “No Derogatory Record” | Not listed as a fugitive; no pending criminal case in PH; no validated foreign warrant. | Use certificate freely. Valid for the specific purpose indicated. |
| “HIT for Verification” | Possible name match; still under confirmation. | Wait for confirmatory result (Analyst will call). |
| “Positive – Active Philippine Warrant” | Verified fugitive status. | Subject is subject to arrest; certificate may be withheld; copy sent to PNP. |
| “Positive – Foreign Red Notice” | DOJ validated INTERPOL notice. | NICA & BI alerted; hold-departure/order of arrest likely. |
7. Remedies When You Dispute a “Positive” Result
- File a Motion for Re-Evaluation with the IIOD, attaching proof of mistaken identity (e.g., different middle name, biometrics mismatch).
- If local warrant is outdated or recalled, present the Order of Recall / Dismissal from the issuing court; NBI will update its database within 72 hours.
- For foreign notices already cancelled, submit the INTERPOL General Secretariat’s cancellation slip or the foreign court order.
- Petition for Delisting before the Interpol National Central Bureau–Manila if the notice is erroneous or politically motivated.
8. Privacy & Access-to-Information Rules
- NBI may release fugitive-status data only to the subject, duly authorized persons, or competent authorities (RA 10173 §13 & §23).
- Requests from media or third parties must show overriding public interest or comply with EO 02-2016 (Freedom of Information).
- Records older than 10 years from conviction/acquittal may be archived but remain accessible for law-enforcement purposes.
9. Penalties for Misuse or False Statements
| Offence | Statute | Penalty |
|---|---|---|
| False declaration / forging clearance | Rev. Penal Code Art. 171, 172 | Up to 6 yrs + fine. |
| Unauthorized disclosure of criminal data | RA 10173 §28 | 1–3 yrs + ₱500k–₱2M fine. |
| Obstruction of apprehension | PD 1829 | 1–6 yrs imprisonment. |
10. Interaction with Immigration & Extradition
- A “Positive” NBI fugitive finding triggers automatic cross-checks with the Bureau of Immigration (BI) Hold Departure & Alert Lists.
- The DOJ may file an extradition petition or request provisional arrest using the NBI certification as prima facie evidence.
- For foreigners, BI may issue Summary Deportation Orders after confirmation of a valid foreign warrant.
11. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| How long is a fugitive clearance valid? | Until the status changes; best practice is < 6 months for immigration use. |
| Can I request online? | Payment and scheduling can be done online, but original biometrics & release are in person. |
| Will an old dismissed case still appear? | Yes, but annotated “case dismissed”; it does not make you a fugitive. |
| I got a “hit” even after my namesake was cleared. Why? | Wait for database sync (24-72 hrs); then reprint clearance at no extra cost. |
| Are juvenile records included? | Only if the child was transferred to regular court; otherwise shielded under RA 9344. |
12. Templates (for reference)
Sample Letter-Request:
19 June 2025 The Director National Bureau of Investigation Taft Avenue, Ermita, Manila Re: Verification of Fugitive Status – [FULL NAME, DOB] Dear Director, I respectfully request official certification as to whether the above-named individual is listed as a fugitive from justice in Philippine or foreign jurisdictions. The certification is required for [state purpose, e.g., “visa application with the Embassy of X”]. Attached are copies of valid identification and proof of authority to request. I am willing to comply with all fees and procedures. Respectfully, [Signature](Attach IDs & SPA if applicable.)
13. Practical Tips for Lawyers & Compliance Officers
- Pre-screen names using the publicly accessible Philippine Judiciary Warrant of Arrest Portal to predict potential “hits.”
- Schedule appointments early in the morning to avoid same-day quota cut-offs.
- Keep digital scans of the released certificate; lost originals require an affidavit and new fee.
- For corporate due diligence, combine NBI fugitive clearance with Sandiganbayan and Ombudsman case checks.
- Train HR officers on data-minimization—store only the certificate number, not the full document, unless legally necessary.
14. Conclusion
Verifying fugitive clearance with the NBI is a specialized procedure distinct from ordinary criminal-record checks. Mastery of the applicable statutes, strict documentary compliance, and awareness of data-privacy limits ensure smooth processing and reliable results. Given the increasing use of cross-border law-enforcement tools, especially INTERPOL connectivity, routine diligence on fugitive status is now essential for immigration, corporate, and diplomatic transactions in the Philippines.
Prepared 19 June 2025 | Manila, Philippines