All applicants, whether with a pending case or not, can be issued an NBI clearance.
For those with a pending case, however, getting a “hit” status depends on where the case currently sits.
Fiscal’s Office vs. Court
If the case is still under review by the fiscal’s office and hasn’t reached the Courts yet, you can rest assured that you’ll get NBI clearance without any hassle.
This is because NBI clearance only takes into account criminal cases that have already reached the Court’s database.
If your NBI clearance doesn’t show the existence of your pending case, the said case is most likely still in the hands of the fiscal who may or may not find a ground for dismissal before deciding to continue with the said case.
Meanwhile, if the pending case already reached the Courts, it will definitely reflect on your NBI clearance, thereby giving you a “hit” status and requiring you to attend a Quality Control interview to explain your side.
What About the Police/Barangay Blotter Report?
Again, only criminal cases that have already moved through the Court system will be reflected on the NBI clearance.
A blotter report is just that–a report.
It’s a paper document made at either a local police station or barangay hall to prove that a crime or an incident took place in the area.
For example, you can file a blotter report against a violent neighbor who is threatening to kill you.
However, a blotter report isn’t a formal complaint.
Rather, it’s a document which you can use as a piece of evidence should you decide to take the case to the Court. It can serve as direct evidence that will point to the person/s who committed the crime or as circumstantial evidence that will support other pieces of evidence collected by the police.
According to Section 1, Rule 110 of the Revised Rules of Criminal Procedure of the Philippines, a criminal case can be filed with the public prosecutor who will conduct a preliminary investigation or directly with the Municipal Trial Court in cases where a preliminary investigation isn’t required.
In other words, unless it’s used as a piece of evidence for a criminal case that already reached the Court, a blotter report won’t reflect on your NBI clearance.
Go back to the main article: How to Get NBI Clearance Online in the Philippines: An Ultimate Guide