Dear Attorney,

I hope this letter finds you well. I recently applied for a police clearance, but I was informed that my application resulted in a "hit" due to a previous case. I presented a copy of my permanent dismissal order related to that case, yet the record still shows the "hit" on my clearance.

I would like to inquire about the steps necessary to have this "hit" removed from my police clearance record. I understand that this might involve a legal process or an administrative procedure, and I seek your advice on how to properly address this concern. Can you kindly guide me through the legal and procedural steps that I should follow to ensure that my police clearance record is cleared and reflects the dismissal of the case?

Your expertise and guidance on this matter would be greatly appreciated. I look forward to your response.

Sincerely,

A Concerned Citizen

The Legal Procedures and Implications of Removing a "Hit" from a Police Clearance Record in the Philippines

1. Overview of Police Clearance in the Philippines

A police clearance in the Philippines serves as a certification from law enforcement authorities that an individual has no pending criminal cases or derogatory records. It is often required for employment, visa applications, and other legal processes. A "hit" occurs when the applicant's name matches an entry in the police database, indicating that there may be a pending case or an unresolved issue associated with the individual.

When a "hit" appears, the individual is typically required to undergo further verification to determine whether the record is legitimate and, if so, what the legal status of the case is. A common issue arises when an individual has a case that has already been dismissed by the court, yet the "hit" continues to appear on the police clearance due to a delay or failure in updating the law enforcement database.

2. Understanding the Nature of a "Hit"

A "hit" does not automatically imply guilt or an unresolved legal issue; it simply means that the applicant’s name was flagged because it matched a record in the police system. Hits can be triggered by the following circumstances:

A pending criminal case that is still under investigation or awaiting trial.
A dismissed case where the individual was either acquitted or the case was dropped by the prosecutor or court.
An outstanding warrant of arrest that has not been served.
An individual’s name appears in other legal proceedings or complaints, whether civil or criminal.

In the case you presented, the hit was due to a previous case that has already been dismissed. The fact that the case was dismissed does not immediately mean that the "hit" will be removed from police records, as these records are not always updated in real-time. This creates an administrative inconvenience for individuals who have already been exonerated but continue to face issues when obtaining police clearances.

3. Legal Process to Remove a "Hit"

When a case has been permanently dismissed by the court, the individual should no longer have any criminal liabilities. However, for the police database to reflect this, certain steps must be undertaken.

a. Securing Court Documentation

First, you must obtain a certified true copy of the dismissal order from the court where the case was heard. This order will serve as your primary document to demonstrate that the case against you has been dismissed and that no further legal action is pending. The dismissal order should be signed by the presiding judge and bear the official seal of the court.

b. Request for Update from the Police Clearance Office

The next step is to formally request that the Philippine National Police (PNP) update their database to reflect the court's decision. This can be done by submitting a letter to the PNP Directorate for Investigation and Detective Management (DIDM), which oversees the database used for police clearances. Along with your letter, you must attach the certified true copy of the dismissal order and other supporting documents, such as the case details and your identification documents.

In your letter, you should request that the "hit" be removed from your police clearance record based on the dismissal of the case and that future requests for police clearance should no longer be flagged. The DIDM will then review your submission, verify the dismissal with the court if necessary, and update the records accordingly.

c. Filing an Appeal or a Motion for Reconsideration

If the police clearance office refuses to update the records or delays the process unreasonably, you may need to take further legal action. One option is to file a motion for reconsideration with the DIDM or the appropriate police unit handling your request. This motion should again cite the dismissal order and emphasize your right to a clean record based on the court’s ruling.

Alternatively, you can seek assistance from the National Police Commission (NAPOLCOM) or the Department of Justice (DOJ), particularly if there is evidence of negligence or arbitrary refusal by the police to update their records.

d. Filing a Petition for Mandamus

In extreme cases where law enforcement authorities fail to act on your requests despite multiple submissions of evidence, you may file a petition for mandamus before the appropriate court. A mandamus is a judicial remedy that compels a government office or official to perform their duty when they have unlawfully neglected to do so.

In this case, you would ask the court to compel the police authorities to remove the "hit" from your record in compliance with the dismissal order. This legal remedy is often used when administrative remedies have been exhausted, and no satisfactory action has been taken.

4. Impact of a "Hit" on Employment and Other Legal Proceedings

A "hit" on a police clearance can have significant consequences, particularly in the context of employment or legal proceedings. Employers, particularly in the public sector or private corporations with strict hiring policies, often require a clean police clearance before an individual can be hired. If a hit appears, it can delay or even disqualify the applicant, especially if the employer is unaware that the case has already been dismissed.

Similarly, a police clearance may be required when applying for a visa, engaging in certain business activities, or in other situations where an individual’s criminal background is scrutinized. Even though the case has been dismissed, the appearance of a hit may cause unnecessary complications and lead to delays in processing.

5. The Role of the Courts and the PNP in Record Management

The Philippine judiciary plays a crucial role in ensuring that case dismissals are properly documented and communicated to other branches of government, including law enforcement. However, there is often a disconnect between the courts and the police, leading to delays in updating police databases.

It is essential for individuals who have been exonerated to be proactive in ensuring that all relevant agencies are informed about the dismissal of their case. While the courts issue the order, it is up to the concerned individual to ensure that the police, specifically the PNP-DIDM, are made aware of the ruling.

The Philippine National Police also has a responsibility to maintain an accurate and up-to-date database of criminal records. Once the PNP is informed of a case dismissal, they are legally obligated to update their records to reflect this. Failure to do so may open the police to administrative or legal challenges, especially if the continued presence of a "hit" causes harm to the individual.

6. Preventive Measures and Long-Term Solutions

To avoid future complications, individuals with dismissed cases should take the following preventive measures:

Secure multiple copies of the dismissal order and ensure they are readily available for future police clearance applications.
Regularly check your police clearance to ensure that no hits remain after the case dismissal.
Maintain communication with law enforcement agencies, particularly the PNP-DIDM, to confirm that your records have been updated.
Consult a lawyer to assist with any legal filings or to follow up with government offices that may be slow to respond.

7. Conclusion

Removing a "hit" from a police clearance in the Philippines is a process that requires a combination of administrative diligence and legal advocacy. While the dismissal of a case should automatically result in the removal of any hits from law enforcement databases, delays and bureaucratic inefficiencies often prevent this from happening in a timely manner.

If you are facing this issue, the first step is to secure certified copies of all relevant court documents and submit them to the PNP for verification and record updating. If the police fail to act, legal remedies such as a motion for reconsideration or a petition for mandamus may be necessary.

By following the proper procedures and seeking legal counsel when needed, you can ensure that your police clearance accurately reflects your legal status and that any unnecessary hits are removed from your record.