The NBI is under the jurisdiction and control of the Department of Justice (“DOJ”) by virtue of Executive Order No. 94. As an agency, the NBI undertakes the detection and investigation of crimes and offenses against the laws of the Philippines. In line with said mandate, the NBI issues clearances that may or may not show that the applicant has an active or unresolved case pending before the courts of law. 

Nonetheless, some of us may encounter problems or complications in applying for an NBI Clearance such as discovering criminal records that the applicant may not have known. Most likely, said records may be erroneous or outdated. Hence, it is important to have them rectified and the entries expunged from the NBI records. 

In some situations, the applicant must visit the court where the case was filed or is pending, and lawyers can assist them in the process. Legal remedies, such as filing a motion for case dismissal, can be used to correct the NBI record and to obtain the corresponding clearance for the applicant. Although the NBI clearance does not guarantee the applicant's guilt or innocence, it is important to maintain an updated copy to prevent complications in the future.

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance in addressing problems relating to NBI Clearances, consult with a legal professional.

Padin & Partners Law Offices is a full-service law firm based in Cebu City, Cebu Philippines, that offers services such as drafting and notarization of an affidavit for an NBI Clearance. For consultations: book an appointment or reach us at +63 (32) 316-1540 or +63 917 188 0361.

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