In the Philippines, maintaining a "clean" record is often a prerequisite for employment, travel, and government transactions. One of the most common questions regarding minor offenses—such as violating local ordinances against drinking in public—is whether these "stumbles" will haunt your NBI Clearance.

To understand this, we must look at how the National Bureau of Investigation (NBI) database functions and the distinction between local ordinances and national laws.

1. The Nature of the Offense: Ordinance vs. Statute

Drinking in public is generally regulated by City or Municipal Ordinances rather than the Revised Penal Code of the Philippines. While there are national laws regarding "Alarms and Scandals" or "Public Disorder," a simple citation for drinking on a sidewalk is usually a violation of a specific local law (e.g., a "Liquor Ban" in a specific district).

2. What Does the NBI Clearance Actually Track?

The NBI Clearance is a certificate stating whether or not a person has any criminal history or pending cases recorded in the NBI’s central database.

The NBI database primarily triggers a "HIT" based on:

Criminal Cases: Cases filed in the Municipal Trial Courts (MTC), Metropolitan Trial Courts (MeTC), or Regional Trial Courts (RTC).
Warrants of Arrest: Outstanding warrants issued by a judge.
Convictions: Final judgments rendered by a court of law.

3. Will a Public Drinking Violation Appear?

The answer depends entirely on how the violation was handled:

Scenario A: The Fine/Citation (Will NOT Appear)

If you were apprehended by local police or barangay tanods, issued a citation ticket, and paid the fine at the City Treasurer’s Office, this is considered an administrative settlement.

Result: This record stays within the local government unit’s (LGU) files. It is not forwarded to the NBI’s national database. Your clearance will remain "No Criminal Record."

Scenario B: The Ignored Citation (Risk of HIT)

If you were issued a citation and failed to pay the fine or attend the required community service, the LGU may escalate the matter. They can file a formal complaint with the Prosecutor's Office, which could eventually lead to a case being filed in court.

Result: Once a case is filed in court, the NBI may pick up the record. If a judge issues a warrant for your arrest due to non-compliance, you will definitely get a "HIT" during your next NBI application.

Scenario C: Formal Filing of a Case (Will Appear)

If the apprehension resulted in an inquest or the filing of a criminal case (perhaps because the public drinking was accompanied by "Resisting Arrest" or "Direct Assault"), the record enters the judicial system.

Result: Any pending criminal case in the MTC or RTC will appear on your NBI clearance as a "HIT," requiring you to provide court clearances or a "Disposition of Case" to explain the status.

Summary Table: Violation vs. Record Status

Action Taken	Record Location	NBI Clearance Impact
Paid Fine Immediately	Local Police/LGU Files	None (Clear)
Community Service Done	Barangay/LGU Files	None (Clear)
Ignored Citation	Possible Court Case	High Risk (Potential HIT)
Arrest with Court Case	National Judicial Database	Will Appear (HIT)

Key Takeaways for Filipinos

Ordinances are local: A minor slip-up involving a bottle of beer on the street is usually handled at the municipal level.
Settlement is key: As long as you settle the penalty (fine) as prescribed by the ordinance, the matter is closed and will not reach the NBI.
The "HIT" process: A "HIT" does not always mean you have a criminal record; it often just means someone with a similar name has a record, or you have a pending matter that needs verification. However, an unresolved public drinking case that reached the courts will delay your clearance.

Legal Tip: If you are unsure if a past violation was settled, you may visit the Office of the Clerk of Court in the city where the incident happened to check if any cases were filed against your name.

Would you like me to draft a step-by-step guide on how to clear an NBI "HIT" if a record does appear?