Letter to a Lawyer Regarding a Police Clearance Issue

Dear Attorney,

I recently obtained a police clearance, and to my shock, it listed a pending case against me for estafa. I am deeply concerned as I have not been formally informed or summoned regarding any such case. This situation has caused me immense distress, especially since I need the clearance for employment purposes.

Could you please advise me on the following:

What steps should I take to address this situation?
How can I verify the legitimacy of the listed case and determine its current status?
What legal remedies are available to clear my name and ensure the issue does not affect my future opportunities?

Your guidance on this matter would be greatly appreciated.

Sincerely,
A Concerned Citizen

Comprehensive Guide on Estafa and Police Clearance in the Philippines

Introduction

In the Philippines, police clearance serves as a certificate of good standing issued by the police, typically used for employment, travel, or other purposes requiring verification of a person’s legal record. When a case such as estafa appears in this clearance, it can cause significant personal and professional complications. Estafa, a criminal offense under the Revised Penal Code (RPC), pertains to acts of fraud or deceit causing damage to another party. This article delves deeply into the relevant aspects of this situation, including understanding estafa, legal implications of a pending case, and steps to address inaccuracies in a police clearance.

What Is Estafa?

Estafa is codified under Article 315 of the Revised Penal Code. It is a crime involving deceit or fraudulent acts resulting in prejudice to another party. The offense covers a broad range of situations, generally categorized into three modes:

Through Abuse of Confidence
Examples include misappropriating money, goods, or other items entrusted to the accused, such as funds received for safekeeping.
Through Fraudulent Means
This includes inducing another to sign documents, misrepresentation of facts, or using fictitious names to obtain benefits.
Through Fraudulent Acts in Certain Transactions
Includes acts like issuing checks without sufficient funds.

The penalties for estafa vary depending on the amount of damage and the nature of the offense. Estafa cases typically involve complex legal proceedings, often hinging on evidence such as financial records, testimonies, and contracts.

Relevance of Police Clearance

Police clearances consolidate information about an individual’s criminal record. The appearance of a case such as estafa in a police clearance can mean:

A Pending Case
Indicates an ongoing legal complaint, either at the investigation or trial stage. This status often appears if someone has filed a formal complaint.
A Conviction
Implies that the person has been adjudged guilty by a court. Such information can permanently reflect unless a court overturns the conviction.
Erroneous Information
Errors in police clearances, though rare, may occur due to identity mix-ups or clerical mistakes.

Legal Implications of a Case in a Police Clearance

The appearance of a pending estafa case on your record has several implications:

Employment and Licensure
Employers may reject applications based on the clearance, potentially violating due process if the person is merely accused, not convicted.
Travel Restrictions
The appearance of a criminal case might cause issues with obtaining visas or traveling abroad.
Social Stigma
Such cases can cause reputational harm even if the person is innocent.

Steps to Address the Situation

Verify the Case with the Authorities
- Visit the issuing police station to request details about the listed case.
- Obtain the case number and inquire about the court handling the matter.
Request a Certification of Pending Case
If a case exists, you can request this document from the court to clarify its status and show it is unresolved or not yet adjudicated.
Obtain a National Bureau of Investigation (NBI) Clearance
Unlike police clearance, NBI clearance consolidates records nationwide, providing a more comprehensive view. If no record appears in the NBI clearance, this discrepancy strengthens your argument that the police record is erroneous.
Consult a Lawyer
A lawyer can assist you in the following:
- Filing motions to dismiss baseless complaints.
- Seeking judicial remedies such as a petition for declaratory relief if the complaint is meritless.
- Negotiating settlements if the matter involves a legitimate financial dispute.
Rectify Errors in the Police Clearance
If the case is a result of mistaken identity, request a rectification. Submit supporting documents like valid IDs, proof of identity, or court certifications indicating no such case exists.

Defenses Against Estafa Accusations

Absence of Deceit
Prove that no fraud or deceitful act occurred.
Good Faith
Show that the actions taken were with good intentions and no intent to defraud.
Lack of Damage
If the complainant cannot prove financial or reputational loss, the charge may be dismissed.
Prescription of the Crime
Certain estafa cases prescribe, meaning the legal right to prosecute expires after a specific period.

Judicial Remedies

Quash the Complaint
If the complaint lacks merit or sufficient evidence, a motion to quash may be filed.
Dismiss the Case for Lack of Probable Cause
Argue that there is no probable cause to proceed with the criminal charge.
File a Counter-Complaint
If the estafa case is baseless and malicious, you may file a counter-complaint for damages or unjust vexation.

Clearing Your Record

If the case is proven baseless, you may pursue:

Expungement
Request removal of the erroneous entry from police databases.
Certification of No Pending Case
Obtain this from the court to restore your reputation.

Conclusion

An estafa case appearing on a police clearance can disrupt personal and professional life. It is crucial to address the situation promptly by verifying the case details, consulting legal counsel, and pursuing available remedies. Legal assistance is indispensable in navigating the complex procedural and substantive aspects of estafa cases. With a proactive approach and sound legal advice, it is possible to resolve the matter and safeguard your future opportunities.