Letter to a Lawyer:

Dear Attorney,

I hope this letter finds you well. I am reaching out for assistance regarding a challenge I am currently facing with the retrieval of my old NBI (National Bureau of Investigation) clearance. Specifically, I need to secure a copy of my NBI clearance from the year 2017, which I have been unable to retrieve through the regular online channels or during my recent visits to NBI offices.

Could you kindly advise me on the legal procedures or steps I can take to obtain this clearance? I would appreciate your insights on the best course of action, particularly if there are any legal remedies or alternative routes that may be available to me.

Your guidance on this matter would be most helpful, and I am confident that your expertise will lead to a resolution.

Sincerely,

A Concerned Citizen

Legal Article on the Retrieval of Old NBI Clearance in the Philippines

The National Bureau of Investigation (NBI) clearance is a vital document in the Philippines, serving multiple purposes, including employment, travel, and various legal or administrative transactions. As such, the loss or inability to retrieve an old NBI clearance, such as one issued in 2017, can be a frustrating situation for an individual who requires it for any ongoing or pending matters. This legal article addresses the concerns surrounding the retrieval of old NBI clearances, focusing on the possible steps one can take within the bounds of Philippine law to obtain such documents.

1. What is NBI Clearance?

The NBI clearance is a certification issued by the National Bureau of Investigation, signifying that the holder is cleared of any derogatory records with the agency. It is often required for various legal processes, such as employment applications (both local and overseas), securing government permits, entering contracts, and even during court cases. It serves as a confirmation that the person does not have pending criminal cases or any legal impediments on record with the NBI.

Clearances are often time-bound, meaning they are valid only for a limited period—typically six months to one year from the date of issuance—after which an individual may be required to obtain a new one. This is because the NBI clearance only reflects the holder's record at the time of issuance and may not capture new legal developments or cases filed after that point.

2. Why Retrieving an Old NBI Clearance Might be Necessary

Individuals may need an old NBI clearance for several reasons, including:

Legal or Administrative Proceedings: Certain legal matters, such as ongoing disputes or claims filed in previous years, may require the submission of an NBI clearance from a specific year (such as 2017). This is particularly relevant in cases where continuity in a legal process is involved, and past records are essential for verification.
Proof of Employment History: For individuals applying for new jobs, especially abroad, proof of past NBI clearances may be required as part of their employment history. A clearance issued in 2017 might be requested to demonstrate a consistent clean record over time.
Government Transactions: Certain government processes or applications may require a person to submit an older clearance for verification of records during the period in question.
Personal Records and Documentation: Maintaining personal records is an important practice, and having a copy of a past NBI clearance may be necessary to ensure that no discrepancies arise in future transactions.

3. Challenges in Retrieving an Old NBI Clearance

Obtaining an old NBI clearance, particularly one issued in a specific year such as 2017, may present some challenges. This is due to several factors:

Digital Records and Retention Periods: While the NBI has undergone digitization in recent years, especially with the implementation of an online application and renewal system, not all records from past years may be readily accessible. Depending on the agency’s record retention policies, certain older records may no longer be available through online channels, and manual retrieval from physical archives may be necessary.
System Limitations: The NBI’s current online portal only supports applications for new clearances or the renewal of recent clearances. Past clearances—those issued before the digital shift—may not be part of the current database, which can make retrieval difficult without direct intervention from the NBI’s records section.
Incomplete or Missing Data: In some cases, NBI records may be incomplete due to administrative issues or the manual nature of the filing systems in place before digitization. In such instances, it is possible that the 2017 clearance may not be easily retrievable.

4. Legal and Administrative Steps for Retrieving an Old NBI Clearance

If an individual is unable to retrieve their 2017 NBI clearance through the regular channels, there are several legal and procedural steps that can be taken to resolve the matter.

4.1. Direct Request from NBI Main Office

The first recommended step is to visit the NBI Main Office in Manila or any regional office that handles records. A personal visit allows for a more direct and hands-on approach to requesting an older NBI clearance. The individual should bring valid identification and any supporting documents that show proof of their original application in 2017, if available.

NBI personnel may be able to search their archives for records that are not available online. If the record is located, the individual may request for a certified copy of the clearance or a certificate of no record, depending on the outcome of the search.

4.2. Sworn Affidavit of Loss or Non-Retrieval

In cases where the original clearance is lost or cannot be retrieved through regular means, individuals may need to execute a Sworn Affidavit of Loss or Non-Retrieval. This affidavit serves as a formal declaration that the individual has attempted to retrieve the clearance but has been unsuccessful. The affidavit should include:

Personal details of the individual,
Details of the original NBI clearance application (if known),
Description of the attempts made to retrieve the clearance,
A statement indicating that the clearance is required for a specific legal or administrative purpose.

The affidavit must be notarized before it is submitted to the NBI or any other government agency requesting the clearance.

4.3. Petition for Judicial Assistance

In rare cases where the retrieval of an old NBI clearance is critical to a legal proceeding, and administrative remedies have failed, the individual may petition the court for judicial assistance. Under Philippine law, courts have the authority to compel government agencies, including the NBI, to produce records necessary for the resolution of a case.

A petition for judicial assistance is a formal legal request filed with the appropriate court, asking the court to order the NBI to search for and produce the 2017 clearance. The petition must clearly demonstrate that the clearance is essential to the case and that all other means of retrieval have been exhausted.

4.4. Alternative Evidence or Certification

If the NBI is unable to provide the original clearance, it may issue a Certification of No Record or an equivalent document stating that the clearance cannot be retrieved from their archives. This certification may serve as alternative evidence in most legal or administrative proceedings where the 2017 NBI clearance is required.

While this is not a perfect substitute for the original clearance, it can help satisfy requirements in certain cases, particularly if accompanied by the sworn affidavit of loss or non-retrieval.

5. Legal Implications of Not Having an Old NBI Clearance

In situations where an individual cannot produce an old NBI clearance, the consequences depend on the context in which the clearance is required.

For Employment Purposes: Employers may require an updated NBI clearance rather than an older one. However, if a clearance from 2017 is specifically requested, an affidavit of loss or a certification of no record may suffice as long as there is no indication of criminal involvement during that period.
For Government Transactions: Certain government agencies may be more stringent in their requirements. In such cases, failing to provide the requested NBI clearance may lead to delays in the processing of applications or requests for further documentation.
For Legal Proceedings: If the clearance is required for a legal proceeding, such as in the submission of evidence or for the resolution of a dispute, the inability to provide the clearance may hinder the progress of the case. However, as previously noted, alternative documents, such as a certification of no record, may be accepted by the court if justified.

Conclusion

Retrieving an old NBI clearance from 2017 can be a complicated process, but it is not impossible. By following the proper administrative steps and, if necessary, resorting to legal remedies, individuals can take action to obtain the clearance or a suitable alternative document. The involvement of legal professionals may be beneficial in navigating this process, particularly in cases where the clearance is essential to legal or administrative proceedings.