Letter to a Lawyer

Dear Attorney,

I am writing to seek your guidance regarding an issue I encountered while obtaining a police clearance. Upon issuance, the document indicated a “WITH RECORDS” annotation. When I inquired at the police station, I was informed that I need to provide an order of dismissal from the court to rectify this. I would like to understand the following:

Once I submit the required documents and the records are updated, will the “WITH RECORDS” remark and related annotations be completely removed from future police clearances?
What steps can I take to ensure that my records are cleared or updated in the relevant databases, and are there other legal remedies or measures I should pursue?
Is there a potential risk that the records could remain even after compliance, and how can I address such situations if they arise?

Your insights and advice would be invaluable as I navigate this process. Thank you in advance for your assistance.

Sincerely,
A Concerned Citizen

Comprehensive Legal Analysis on Resolving “With Records” Annotations in Police Clearance in the Philippines

Introduction

In the Philippines, obtaining a police clearance is a common requirement for employment, travel, or other personal transactions. A “WITH RECORDS” annotation can pose significant challenges to an individual, often requiring additional steps to clarify or clear the issue. This article explores the legal, procedural, and practical aspects of addressing such annotations, focusing on compliance, remedies, and implications under Philippine law.

Legal Basis of Police Clearance Annotations

Police Clearance System

The police clearance serves as an official document from the Philippine National Police (PNP), confirming whether an individual has a pending criminal record or case. The database used to issue police clearances typically draws information from the PNP’s central records, which include:

Criminal Records: Documented cases filed in court where the individual is a respondent or accused.
Administrative Records: Cases involving disciplinary actions against government employees or similar matters.
Warrant and Watchlist Entries: Active warrants or flagged individuals within law enforcement databases.

Legal Authority

Annotations such as “WITH RECORDS” indicate the presence of entries linked to the applicant, whether these are criminal, administrative, or other law enforcement-related data. Article 202 of the Revised Penal Code and related procedural laws empower the PNP to disclose such information unless judicial intervention mandates its amendment or removal.

Procedures for Addressing “WITH RECORDS” Annotations

Step 1: Understanding the Basis of the Annotation

The first step is to determine why the “WITH RECORDS” annotation exists. This can be due to:

A criminal case filed against the individual, even if dismissed or resolved.
Administrative findings within a government agency.
Clerical or database errors linking the individual to a flagged entry.

To verify the basis, applicants can request an explanation from the issuing PNP station. They may be directed to obtain supporting documents, such as court orders or resolutions clarifying the case status.

Step 2: Obtaining Court Dismissal or Clearance

When the annotation stems from a dismissed or resolved criminal case, the individual must secure an Order of Dismissal from the court of jurisdiction. This document officially declares the case as closed or resolved and serves as a basis for updating police and judicial records.

Step 3: Submission of Documentation to the PNP

The certified true copy of the Order of Dismissal or a Certificate of No Pending Case must be submitted to the issuing PNP office. Alongside this, applicants may need to provide:

A formal request for the removal of the annotation.
Valid identification documents for verification.

The PNP will review the submission, validate the authenticity of the documents, and update their records accordingly.

Step 4: Reissuance of Police Clearance

Once the records are cleared, the PNP should issue a new police clearance without the “WITH RECORDS” annotation. This reflects the corrected status in the central database.

Will the “With Records” Annotation Be Completely Removed?

Removal from Police Records

Under standard procedures, submission of an Order of Dismissal or similar court directive should result in the removal of the annotation from future police clearances. The PNP is mandated to maintain accurate and updated records, and such documentation serves as the basis for correction.

Permanent Database Records

While the police clearance itself may no longer show the annotation, internal records in the PNP database may still retain historical information about the dismissed case. These records are typically not disclosed unless required for law enforcement or court proceedings.

Legal Remedies if Annotations Persist

Petition for Correction

If the “WITH RECORDS” annotation remains despite compliance, individuals may file a petition for correction with the local court. This process seeks a judicial directive compelling the PNP to rectify their database entries.

Civil Remedies for Damage to Reputation

Under the Civil Code, individuals whose reputations are harmed by erroneous or uncorrected annotations may seek damages for injury to their name or employment prospects.

Administrative Complaints

Complaints can be lodged with the PNP’s internal affairs division if there is negligence or failure to process the correction request. Additionally, the Department of Justice (DOJ) can review procedural adherence in case handling.

Rights of Individuals Under Philippine Law

Right to Privacy

The Data Privacy Act of 2012 protects individuals from unauthorized or excessive processing of personal information, including erroneous annotations in police records. Under this law, individuals can demand transparency and accuracy from the PNP.

Presumption of Innocence

The constitutional presumption of innocence ensures that dismissed cases should not result in undue stigma. Law enforcement agencies are obligated to implement safeguards preventing misuse of records.

Practical Tips for Applicants

Secure Multiple Copies: Always obtain certified true copies of the court dismissal or resolution for future reference.
Request for Database Confirmation: After submission, request written confirmation that the records have been updated.
Monitor the Process: Follow up regularly with the PNP office to ensure timely completion of the corrections.
Engage Legal Counsel: If challenges persist, legal representation can expedite resolutions through formal petitions or court intervention.

Conclusion

Resolving “WITH RECORDS” annotations in police clearances requires diligence, compliance with procedural requirements, and understanding of one’s legal rights. By providing an Order of Dismissal or other court documentation, applicants can typically secure the removal of such remarks. However, it is vital to remain vigilant and proactive in ensuring accurate updates to law enforcement databases. When in doubt, legal counsel can provide necessary guidance to uphold rights and achieve a just resolution.