How to Get a Certificate of No Derogatory Record in the Philippines

Disclaimer: The following article is provided for general informational purposes only and does not constitute legal advice. While every effort has been made to ensure the accuracy and reliability of the information, laws and procedures may change over time. For the most up-to-date information, consult the relevant government agencies or seek advice from a qualified Philippine attorney.

How to Get a Certificate of No Derogatory Record in the Philippines

A Certificate of No Derogatory Record (sometimes referred to as a “Certificate of No Criminal Record,” “NBI Clearance,” or “Police Clearance” in everyday practice) is a document that attests that the holder does not have any outstanding criminal cases, warrants, or criminal convictions on file. In the Philippine legal and administrative landscape, this type of certification is typically issued by a law enforcement or government agency to confirm a clean record. Below is an in-depth discussion of what it is, why it is required, and the steps to obtain one in the Philippines.

1. Overview and Purpose

  1. Validation of Moral Character
    Many employers (local or foreign) require proof that an individual has no criminal history. This proof is also commonly needed for immigration, visa applications, or business licensing.

  2. Legal Requirement for Certain Transactions

    • Employment: Companies may require a certificate to ensure the prospective employee is free from legal hindrances or issues of dishonesty or violence.
    • Government Transactions: Various government agencies (e.g., the Professional Regulation Commission, the Department of Foreign Affairs for certain passports/visas, local government units for permits, etc.) may request a clearance or certification.
    • Immigration/Emigration: For Filipinos applying for residency or work permits abroad, foreign embassies and consulates frequently require proof that the applicant has no criminal record.

  3. Form and Terminology
    While the term “Certificate of No Derogatory Record” can be used colloquially, it is not always the official title used by government agencies. Instead, one commonly obtains an NBI Clearance or a Police Clearance, each of which may serve as proof of having no derogatory or criminal records in the Philippines.

2. Types of Clearances/Certificates

In practice, two main types of documents serve as a “certificate of no derogatory record” in the Philippines:

  1. NBI Clearance

    • Issued by the National Bureau of Investigation (NBI).
    • Contains nationwide coverage (i.e., it checks if you have any criminal case or record across all regions of the Philippines).
    • Often required for employment, travel abroad, or other official purposes.

  2. Police Clearance

    • Issued by local Philippine National Police (PNP) stations.
    • Typically covers the locality or city where the clearance is issued.
    • May be accepted for certain local transactions but might not be sufficient for national or international purposes unless specifically allowed.

In some rare or specific situations, certain local government units or courts issue their own “Certificates of No Pending Case” or “Court Clearances.” However, NBI Clearance is recognized as the most comprehensive certificate of having “no derogatory record” in the Philippines.

3. NBI Clearance: Detailed Steps and Requirements

The National Bureau of Investigation is the primary agency that keeps a centralized record of criminal cases filed throughout the country. Thus, an NBI Clearance is widely recognized locally and internationally as evidence of a clean record.

A. Registration and Appointment

  1. Online Registration

    • Go to the official NBI Clearance online portal (the website link typically starts with clearance.nbi.gov.ph, although URLs can change).
    • Create or log in to your existing account, then fill out the application form. Provide accurate personal information, as any discrepancy could cause delays or potential mismatches in the record-check process.

  2. Set an Appointment

    • After completing the registration form, select your preferred NBI Clearance center and appointment schedule.
    • Pay the required fee (typically around PHP 130 to PHP 155, inclusive of the e-payment service fee) through various payment channels such as 7-Eleven, GCash, bank transfers, or other accredited payment partners.

B. Visit the NBI Clearance Center

  1. Bring Necessary Documents

    • Valid ID (e.g., Philippine passport, driver’s license, voter’s ID, UMID, postal ID, etc.).
    • Proof of Payment (reference number, official receipt, or digital confirmation of payment).
    • Printout of the online appointment form or a screenshot of the appointment details, if required.

  2. Biometrics and Photograph

    • The NBI personnel will take your fingerprints (ten-print scan) and capture your photograph on-site.

  3. Verification of Records

    • Your personal data will be cross-checked with the national database for any matches to criminal records, warrants, or “hits.”
    • If you have a “hit” (i.e., an item in the database with a similar name or potential match to your record), you may be asked to return on a different date for further verification or clearance.

  4. Issuance of NBI Clearance

    • If you have no derogatory records, the NBI Clearance is typically printed and handed to you on the same day.
    • If further checks are needed, you may be asked to come back after a defined period.

C. Validity of NBI Clearance

  • An NBI Clearance is generally valid for one year from the date of issuance.
  • However, some entities or foreign embassies may only consider it valid if issued within three or six months prior to submission. Always check the validity requirement of the office requesting your clearance.

4. Police Clearance: Alternative/Additional Option

Some local transactions, especially those involving barangay-level or municipal/city-level requirements (e.g., local business permits, local employment), may only require a Police Clearance instead of an NBI Clearance. Below are quick steps on how to obtain a Police Clearance:

  1. Determine Jurisdiction

    • You must apply at the local police station in the city or municipality where you reside.

  2. Required Documents

    • Barangay Clearance or Certificate of Residency (proving you reside in that locality).
    • Valid IDs (local government units may require 1–2 valid IDs).
    • Proof of payment of the applicable fee (often around PHP 100–200, though fees may vary by location).

  3. Biometrics and Photograph

    • Your fingerprint and photo will be taken at the police station.
    • Some stations have integrated systems that can quickly check local records.

  4. Issuance

    • If you have no local criminal records, the Police Clearance will be released on the same day or the next business day, depending on the local station’s procedures.

Note: A Police Clearance is more limited in scope. If you need a clearance recognized at a national or international level, you will generally need an NBI Clearance.

5. Uses and Common Requirements

A Certificate of No Derogatory Record (through either an NBI Clearance or Police Clearance) may be required for:

  1. Employment

    • Both local and overseas employment may require clearances to confirm an individual’s lack of criminal records.

  2. Migration/Immigration

    • Foreign embassies, consulates, or overseas employers (for example, countries requiring work visas or permanent residency applications) commonly require the NBI Clearance to ensure applicants do not have pending criminal cases in their home country.

  3. Business Licensing

    • Certain franchises or government permits (e.g., business permits, government bidding) may require proof of good moral character.

  4. Professional Regulation

    • Obtaining or renewing licenses from entities like the Professional Regulation Commission (PRC), or membership in professional organizations, may entail submission of an updated clearance.

  5. Legal Proceedings

    • In some civil actions, the court or counterparties may request a certificate or clearance to ascertain any potential legal liabilities.

6. Common Questions

  1. Do I need both an NBI Clearance and a Police Clearance?

    • It depends on the purpose. For most national and international transactions, the NBI Clearance is sufficient. However, certain local employers or local licensing offices might specifically require a Police Clearance in addition to (or instead of) an NBI Clearance.

  2. What if there is a ‘Hit’ in my NBI Clearance application?

    • A “hit” occurs when your name or personal details match someone else’s record in the NBI database or if you have a prior record under your name. You may be asked to return on a specified date for clarification or to provide additional documentation. If you indeed have a pending case or an unresolved matter, you may need to clear that issue before obtaining a final clearance.

  3. How long does it take to get the NBI Clearance?

    • In many cases, if there is no “hit,” you can receive your printed NBI Clearance within the same day. However, if there is a “hit,” it may take up to a week or longer, depending on the verification process.

  4. Can a representative get my NBI Clearance for me?

    • Personal appearance is mandatory for fingerprint scanning and capturing your photograph. You cannot send a representative to process the biometrics part on your behalf. If you live or work abroad, the Philippine Embassy or Consulate in your host country usually facilitates the process of getting your NBI Clearance.

  5. What if I need a clearance for multiple purposes (e.g., travel, work, etc.)?

    • You can request multiple copies of the NBI Clearance by indicating different “purposes” in the application. However, each copy might require a separate fee. Alternatively, you could request one copy for the primary purpose and ask the requesting agency if they accept a certified photocopy.

7. Practical Tips and Reminders

  1. Check for the Latest Procedures

    • The Philippine government frequently updates its processes, especially for online registrations and payments. It is best to verify the current fee structure and website links before proceeding.

  2. Use Accurate Information

    • Be consistent with your ID details (full name, middle name, date of birth) to avoid confusion or delays.

  3. Keep Your Clearance Safe

    • Make a photocopy or keep a digital scan of your clearance. Some agencies may allow certified true copies instead of the original if you need to use the clearance multiple times.

  4. Renew Annually if Needed

    • Clearances in the Philippines typically have a one-year validity, but certain offices may only accept clearances that are more recent (3 or 6 months old). Plan accordingly if you have upcoming applications or appointments.

  5. Baranggay Clearance and Court Clearances

    • In some cases, local government offices or the court system might require additional documentation such as Barangay Clearance, Court Clearance, or Prosecutor’s Clearance—especially if there are pending legal issues or formal complaints at the local level. If your transaction requests these documents, you will need to secure them separately.

Conclusion

Obtaining a Certificate of No Derogatory Record in the Philippines typically involves securing an NBI Clearance (and sometimes a Police Clearance) to demonstrate that you have no pending criminal cases or convictions. The process has become relatively streamlined with the introduction of online registration and electronic payment methods, though personal appearance for biometrics remains a must. By preparing the right documents, paying the required fees, and understanding the potential for “hits” during the verification process, you can significantly expedite obtaining your clearance.

Should you have any doubts regarding your eligibility or the requirements, it is advisable to consult directly with the National Bureau of Investigation, your local Philippine National Police station, or a qualified attorney. Being proactive and informed is the best approach to ensuring your application for a Certificate of No Derogatory Record is both smooth and successful.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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