Dear Attorney,

I recently discovered that my father still has an NBI hit related to an unresolved case from over 30 years ago. We are concerned about how this might affect him, especially with potential legal repercussions or implications on his records. Could you provide advice on the best steps to resolve this? What would be the legal remedies available?

Sincerely,
Concerned Family Member

Insights

In the Philippines, an NBI hit indicates that a person’s name has been flagged due to a pending or unresolved case in the National Bureau of Investigation (NBI) system. This may involve criminal, civil, or administrative matters that have not yet been fully resolved or closed, leading to a "hit" when that person applies for a clearance.

Key Legal Concepts:

Prescription of Crimes
In many cases, especially when the unresolved matter is decades old, one may consider if the crime has "prescribed," meaning that it is no longer prosecutable due to the lapse of a certain period. Under Philippine law, the prescriptive period for criminal offenses depends on the nature and severity of the crime. For example, under the Revised Penal Code:
- Crimes punishable by death, reclusion perpetua, or reclusion temporal prescribe in 20 years.
- Less serious offenses may have shorter prescriptive periods, typically ranging from 5 to 10 years.
Finality of Case or Closure
If the case was never formally resolved or closed, the NBI may still consider it active. It's crucial to check court records or reach out to the local courts to determine the status of the case. If the case has been dismissed or archived without being formally closed, you may need to file a motion for its final resolution.
Legal Remedies
The most straightforward solution is to clarify the nature of the "hit" with the NBI or the court handling the case. Depending on the findings, remedies include:
- Motion to Dismiss (if the case is still open but inactive)
- Petition for Expungement (to remove a wrongful entry or hit)
- Filing for Prescription (if applicable, based on the prescriptive period for the crime)
Consultation with a Lawyer
It is advisable to consult a legal expert who can examine court records and assess the nature of the case, ensuring that the correct legal process is followed for case dismissal or prescription.