NBI Clearance Philippines

Question: If I have RTC cases for estafa that were provisionally dismissed over 2 years ago and two pending MTC cases with the same plaintiff which I've settled with another party, would the MTC cases reflect on my NBI clearance? Also, do I need to address the MTC cases separately?

Answer:

1. Provisionally Dismissed Cases in RTC:

   • A provisionally dismissed case means that it has been temporarily dismissed without prejudice to its refiling. If a case is provisionally dismissed and is not refiled within the period prescribed by the rules (in many instances, within 2 years), it becomes permanently dismissed due to the right to speedy trial.
   • If your RTC cases for estafa have been provisionally dismissed and not reactivated within 2 years, they are effectively terminated and, in general, should not appear on your NBI clearance.

2. Pending Cases in MTC:

   • If you have pending cases before the Municipal Trial Court (MTC), even if they involve the same plaintiff, these cases will likely appear on your NBI clearance. The National Bureau of Investigation (NBI) clearance typically reflects pending criminal cases, regardless of the stage or status of the case.

3. Settlement with Another Party:

   • If you've settled the matter with another party (presumably a co-accused or a representative of the plaintiff), it does not automatically dispose of the cases before the MTC unless the plaintiff formally moves for its dismissal and the court grants it. Estafa is a criminal offense, and the ultimate decision to pursue or dismiss the case lies with the prosecutor and the court, not just the private complainant.

4. Addressing MTC Cases:

   • Yes, even if the cases are related or involve the same plaintiff, you need to address each MTC case separately. Ensure that any settlement or agreement reached is formalized in court, leading to the dismissal of the charges. Only then can you be certain that these cases will no longer reflect on your NBI clearance.

5. Updating NBI Clearance:

   • After ensuring that all cases are properly dismissed and settled, you can request a new NBI clearance. If the cases still reflect on the clearance, you may be required to provide court documents proving their dismissal or settlement.

Conclusion:

While provisionally dismissed cases that aren't reactivated within the prescribed period generally won't appear on an NBI clearance, pending MTC cases likely will. To ensure that these cases do not impact your clearance or future endeavors, it's essential to address each one individually and formalize any settlements in court. If facing such situations, consulting with a legal professional can provide clarity and guidance on the best steps to take.