NBI Clearance if I Have a Pending Case in the Philippines

Question: Can I Obtain an NBI Clearance if I Have a Pending Case in the Philippines?

Answer:

In the Philippines, obtaining an NBI (National Bureau of Investigation) clearance is a common requirement for various purposes, including employment, travel abroad, and other official transactions. However, whether you can obtain an NBI clearance if you have a pending case depends on the nature of the case and its status in the legal system.

Here's what you need to know:

1. Nature of the Pending Case:

• The first consideration is the nature of the pending case. Is it a criminal case, a civil case, or a case related to a specific offense? Criminal cases often involve alleged violations of Philippine laws, such as theft, fraud, or other crimes.

2. Current Status of the Case:

• The second consideration is the current status of the case. Is it still under investigation, or has it already resulted in a judgment or dismissal?

3. Outstanding Warrants or Hold-Departure Orders:

• If you have a pending criminal case, particularly one involving serious offenses, there may be outstanding warrants or hold-departure orders issued against you. These legal orders could prevent you from leaving the country.

4. NBI Clearance Application:

• When you apply for an NBI clearance, you will be required to provide personal information and fingerprints, which are used to conduct a background check. The NBI will check its database for any records associated with your name.

5. Disclosure of Pending Cases:

• During the NBI clearance application process, you will be asked to provide information about any pending cases. It is crucial to be honest and disclose this information accurately.

6. Decision by the NBI:

• Whether or not you are granted an NBI clearance while you have a pending case is ultimately at the discretion of the NBI. They will review your application, including the information about your pending case, and make a determination.

7. Impact of Pending Criminal Cases:

• If you have a pending criminal case, especially one involving serious charges, it may be challenging to obtain an NBI clearance for travel purposes. The NBI may decide not to issue the clearance due to the potential risk of flight or concerns related to the pending case.

8. Consult Legal Counsel:

• If you have concerns about your ability to obtain an NBI clearance due to a pending case, it is advisable to consult with a lawyer who can provide guidance based on the specific circumstances of your case. Legal counsel can help you understand the implications of the pending case on your travel plans and explore potential legal remedies.

In summary, whether you can obtain an NBI clearance if you have a pending case in the Philippines depends on various factors, including the nature of the case, its status, and the discretion of the NBI. It's essential to be truthful in your application and, if necessary, seek legal advice to address any issues related to your pending case.