Letter from the Concerned Individual

Dear Attorney,

I hope this message finds you well. I have a question about the issuance of an NBI Clearance in the Philippines. Can a person who was previously imprisoned or convicted of a crime still obtain an NBI Clearance? If so, are there specific procedures, limitations, or exceptions involved in this process?

I would greatly appreciate your legal guidance on this matter.

Sincerely,
A Concerned Citizen

Legal Analysis: Issuance of NBI Clearance to Individuals with Prior Imprisonment

In the Philippines, the issuance of a National Bureau of Investigation (NBI) Clearance serves as a vital document for employment, visa applications, and other legal purposes. It verifies whether an individual has a pending case or criminal record. The concern about whether a person who has served time in prison or been convicted of a crime can still acquire an NBI Clearance requires a comprehensive review of existing Philippine laws and NBI policies.

Understanding NBI Clearance and Its Purpose

An NBI Clearance is a government-issued document that certifies whether an individual is free from any criminal liability or record based on the NBI’s database. It functions as:

Proof of Good Moral Standing: Often required for employment, immigration, or other official transactions.
Criminal Background Check: Used by employers, government agencies, or other institutions to ensure that an individual does not have pending legal issues.
Legal Documentation: It is considered a legal proof that an applicant has no criminal cases filed, pending, or decided against them, as recorded by the NBI.

The Role of the “Hit” Status in NBI Clearance

When a person applies for an NBI Clearance, their name is checked against the NBI database. If there is a match between their name and a record in the database, this results in a “hit.” A “hit” status triggers a more detailed verification process.

Scenarios Leading to a Hit:

The applicant has a pending or decided case.
The applicant has a name similar to someone with a criminal record or case.
The applicant has previously been involved in criminal proceedings, whether dismissed, acquitted, or convicted.

Key Legal Principles Governing the Issuance of NBI Clearance

Right to Rehabilitation and Reintegration (Constitutional Basis)
- Article III, Section 1 of the Philippine Constitution guarantees due process and equal protection of laws.
- Article III, Section 19 emphasizes that penalties should aim for the reformation of offenders. This implies that individuals who have served their penalties are entitled to reintegration into society, including accessing documents like NBI Clearance.
Presumption of Innocence Until Proven Guilty
- If the person’s case was dismissed or resulted in acquittal, they should not be deprived of obtaining an NBI Clearance.
Impact of Conviction or Imprisonment
- An individual’s ability to obtain an NBI Clearance may depend on whether the conviction has been expunged, pardoned, or resolved in a manner favorable to the individual.

Types of Criminal Records and Their Effect on NBI Clearance

Dismissed or Acquitted Cases
- If the case against the person has been dismissed or resulted in acquittal, this is generally not a bar to obtaining an NBI Clearance.
- The individual must provide supporting documents (e.g., court decision, Certificate of Finality) during the clearance process to clear the “hit” status.
Convictions
- A conviction will reflect on the individual’s NBI Clearance. However:
  - If the individual has been granted absolute pardon or the case has been expunged, the record may no longer appear on the clearance.
  - A conviction that has not been overturned or pardoned will result in the inclusion of such information on the clearance.
Pardoned Individuals
- Under Article 89 of the Revised Penal Code, when an individual is granted absolute pardon by the President, all legal effects of the conviction are extinguished, including disqualification from obtaining certain documents like NBI Clearance.
- Conditional pardon may have limited effects, and the individual might still encounter issues depending on the conditions imposed.
Time-Barred Records (Prescriptive Period)
- Under certain circumstances, crimes committed long ago (and resolved) may not appear in current records due to the passage of time and legal prescriptions.

Procedures for Clearing a “Hit” in NBI Records

If an applicant encounters a “hit,” the following steps are generally required:

Verification Process
- Visit the NBI office and provide supporting documents such as court orders, decisions, or Certificates of Finality to clarify the “hit.”
Submission of Proof of Resolution
- For dismissed or acquitted cases, present the dismissal order or acquittal decision.
- For pardoned individuals, submit the Presidential Pardon document.
Appeal for Clearance
- If the NBI Clearance is denied due to unresolved legal issues, the individual may need to seek legal remedies, such as appealing for clemency or expungement of records.

Legal Remedies for Individuals with Past Convictions

Expungement
- Not explicitly provided under Philippine law, but legal avenues such as the filing of motions to set aside judgments or appeals to higher courts may be pursued to clear a record.
Application for Pardon
- Individuals may apply for a presidential pardon through the Office of the President.
Application for a Certificate of No Derogatory Record
- Even if an NBI Clearance cannot be issued, a separate certificate may be requested for specific purposes, depending on the situation.

Recent Jurisprudence and Administrative Policies

Philippine courts have ruled on the importance of allowing reformed individuals to reintegrate into society. Key cases and policies include:

People v. Datoy (G.R. No. 205745, 2018) – Emphasized the goal of reformation and societal reintegration.
NBI Administrative Guidelines – Mandate the fair processing of applications while upholding the constitutional rights of individuals.

Conclusion

A person who has previously been imprisoned can still apply for and potentially obtain an NBI Clearance, depending on the resolution of their case and the supporting documents they can provide. The NBI may deny clearance if the criminal record remains unresolved or if no pardon or expungement has been secured. However, the Philippine legal system upholds the principles of rehabilitation and reintegration, ensuring that individuals who have served their penalties or been acquitted are not indefinitely deprived of their civil rights.

Individuals encountering difficulties are encouraged to seek the assistance of legal counsel to navigate the process and explore options such as pardon, expungement, or clarification of their record.