Query: Can you be arrested when collecting your NBI clearance if you have a pending case?
When applying for an NBI (National Bureau of Investigation) Clearance in the Philippines, a common concern is whether the process of collection can lead to an arrest, especially if there are pending cases or hits on one's record. The NBI clearance system is designed to check for any criminal record or outstanding warrants in an individual’s name.
Firstly, it’s important to clarify what a “hit” means in the context of NBI Clearance. A “hit” indicates that there is either a namesake with a criminal record or that the applicant themselves has an outstanding legal issue that matches the record in the NBI’s database. When there is a hit, the clearance will not be issued immediately; instead, the applicant will be asked to undergo a further verification process, which may take an additional few weeks.
Regarding the possibility of being arrested directly at the NBI office, it is rare but not impossible. The primary role of the NBI clearance system is not to apprehend individuals but to ensure that persons with criminal liabilities are properly identified. However, if there is an outstanding arrest warrant in your name, NBI personnel could potentially detain you, as any law enforcement agency in the Philippines has the authority to execute arrest warrants as part of their legal duties.
If you suspect that you might have a pending case or an outstanding warrant, it's advisable to consult with a lawyer before proceeding to claim your NBI clearance. This is crucial as having legal counsel can help manage any issues if they arise during the clearance process. Additionally, a lawyer can provide guidance on clearing your name or resolving any legal disputes.
The issuance of an NBI clearance, which is often required for employment, travel, and other official transactions, aims to certify that an individual does not have a criminal record. Therefore, while the clearance process is generally straightforward, individuals with pending legal issues may face complications. It is always best to address any legal concerns directly and possibly clear up any issues before applying for or collecting an NBI clearance. This approach ensures that the clearance process is as smooth as possible and reduces the risk of unexpected detentions.