Dear Attorney,

I have a legal concern regarding a case filed against me when I was a minor back in 2013. After several hearings, the case was provisionally dismissed eight years later. It has been three years since the provisional dismissal, and I want to know if I can use the documents related to the provisional dismissal to secure an NBI clearance. Can the provisional dismissal of the case affect my application?

Insights

In the Philippines, an NBI (National Bureau of Investigation) clearance is a document that reflects a person’s criminal record, or lack thereof. It is often required when applying for jobs, travel visas, or conducting business. Since your case was provisionally dismissed and a significant amount of time has passed, it’s understandable that you want clarity on its impact on your NBI clearance application.

A provisional dismissal is different from a permanent dismissal. It means the case is temporarily closed, often due to lack of evidence, but it can be revived within a specific period if new evidence surfaces or other conditions are met. However, in your situation, three years have passed since the provisional dismissal, which is usually beyond the allowable period to reopen the case. This may provide some relief regarding your concern.

According to the rules of criminal procedure in the Philippines, once the period to reopen the case has lapsed, and no further action has been taken by the prosecution or the complainant, the case is typically considered dismissed with finality. As such, this should no longer reflect as an active criminal record in your NBI clearance.

However, in practice, provisional dismissals may still appear in your NBI records as pending cases, depending on how the case was documented in the justice system. The NBI may list any case that has not been resolved with finality, even if it is provisionally dismissed. If your case still shows up during the clearance process, you may be asked to provide supporting documents, such as the court’s order of provisional dismissal and proof that the case was not revived within the allowable time frame.

To summarize:

A provisionally dismissed case might still appear in your NBI record, but it should not negatively affect your clearance if the case was not revived after the dismissal period.
You should bring the official court documents showing the provisional dismissal when applying for the NBI clearance.
If the NBI clearance reflects the dismissed case, you can request further verification or clearance updates, showing that the dismissal period has long passed.

It is highly advisable to consult with your legal counsel to ensure all your documentation is in order and to assist you if any further legal issues arise during the NBI clearance process. They can help you navigate any specific details about your case and handle any objections that may arise.