Dear Attorney,

I am reaching out because I would like to verify if there are any pending cases or criminal complaints against me. How can I check if my name is involved in any legal proceedings, particularly with the National Bureau of Investigation (NBI)? Is there a formal process to follow to obtain such information?

Thank you for your advice on this matter.

Concerned Individual

Insights

In the Philippines, obtaining an NBI clearance is one of the most efficient ways to check for any pending cases or criminal complaints filed against an individual. The NBI clearance serves as a certificate that the applicant has no criminal record or, if any exists, reflects the specific cases involved. Here are the key steps and legal concepts surrounding this process:

Purpose of NBI Clearance
The NBI clearance is typically required for employment, travel, and various legal purposes. It certifies whether an individual has any pending criminal complaints or convictions. If a "hit" appears, this indicates that there may be a record that requires further verification. A hit does not automatically mean guilt; the individual may need to provide additional information or documentation to clarify or resolve the issue.
Procedure for NBI Clearance
The application for NBI clearance can now be done online through the NBI’s official website. After registering, an applicant will schedule an appointment for the actual biometrics capture and clearance processing. The clearance result can either be clean or marked with a hit. If a hit is encountered, the NBI may require further verification or submission of court documents to clear the individual’s record.
Legal Basis
Under Republic Act No. 6975 and Executive Order No. 292, the NBI has the mandate to investigate and keep a record of crimes and offenses in the Philippines. Any individual with a pending case in a court of law, whether criminal or civil, may have their details recorded with the NBI.
Resolving a Hit
When an applicant encounters a hit, it may be due to a similarity in name or an actual pending case. The individual will need to present themselves at the NBI for further verification, which may include checking court records to determine if the individual is the same person implicated in the case. If necessary, the applicant may need to secure a court clearance to prove that they are not involved in any criminal activity.
Right to Access Criminal Records
Individuals have the right to verify their legal standing with the NBI, but this does not mean that all information is publicly accessible. Personal criminal records are confidential and are only shared with law enforcement, government agencies, or the individual concerned. The Data Privacy Act of 2012 (Republic Act No. 10173) ensures that personal information is protected, and any requests for information must adhere to lawful processes.

In conclusion, individuals concerned about any legal complaints or pending cases can initiate a formal process through the NBI to verify their records. An NBI clearance serves as an official document attesting to a person’s legal standing and helps ensure transparency in legal matters.