Dear Attorney,
I recently applied for a clearance and was informed that there was an issue or "hit" connected to my record. This surprised me since I haven’t been involved in any criminal activities. Could you explain what this means and how I can resolve it?
Concerned Citizen
Insights
In the Philippines, an NBI (National Bureau of Investigation) clearance is an important document used to prove that an individual has no pending criminal cases or derogatory records. However, when a "hit" appears during the clearance process, it indicates that the applicant's name matches or is similar to an individual with a pending case, criminal record, or ongoing investigation.
A "hit" does not necessarily mean the applicant is involved in any unlawful activity. It often results from a name match in the NBI's database, prompting further verification. This situation is common, especially for individuals with common names.
Legal Framework and Process
The legal foundation for the NBI clearance process is found in Republic Act No. 157, as amended, which mandates the NBI to maintain a comprehensive database of individuals involved in legal cases and investigations. When applying for an NBI clearance, applicants’ names are cross-checked against this database.
Upon encountering a "hit," the NBI requires further verification to ensure that the individual applying for clearance is not the same person listed in their records. If it’s a case of mistaken identity, the applicant will usually be asked to visit the NBI for further verification, submit supporting documents, and, in some cases, provide biometric data to prove their identity.
Resolving a Hit
To resolve a "hit," the applicant must visit the NBI office and bring valid identification documents. If the hit was due to a name similarity, the clearance can still be issued after a manual review by NBI personnel. The applicant may need to provide additional documentation, such as birth certificates, to differentiate themselves from the individual in the NBI records. If the hit is due to a pending case, the applicant must address the legal matter before receiving clearance.
Importance of Legal Advice
In cases where the "hit" relates to an actual pending case, it is advisable to seek legal counsel. A lawyer can review the case and guide the individual on the appropriate legal steps to resolve the issue, including whether to file motions for case dismissal or settlement, depending on the circumstances. Seeking legal advice is crucial for individuals who may be unaware of any cases filed against them.
By understanding the legal process behind NBI clearances and hits, individuals can take proactive steps to resolve issues and ensure that their records are clear.