NBI Clearance Affidavit (Philippines)

A NBI Clearance Affidavit in the Philippines evidences the deponent's sworn confirmation of the matters stated, for use where formal proof is needed.

The NBI maintains a nationwide database of persons with criminal records, pending cases, and derogatory information. When an applicant's name returns a "hit" during the NBI's automated name matching process — indicating a possible criminal record, a pending case before the Regional Trial Court or Municipal Trial Court, or a match with another person with a similar name — the clearance application is put on hold and the applicant is required to appear at the NBI office to clarify the record. An NBI Clearance Affidavit is the primary instrument used in this clarification process.

Under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) and the Rules on Electronic Evidence (A.M. No. 01-7-01-SC), a sworn affidavit is a public document that carries presumptive weight in evidence. The NBI, as a law enforcement agency under the DOJ, requires that supporting affidavits be notarized before a notary public or administered before a competent government official authorized to administer oaths.

An NBI Clearance Affidavit addresses three main situations: (1) the applicant shares a name with a person who has a criminal record or pending case (name similarity or "same name" hit); (2) the applicant has a derogatory record but claims to have been acquitted, the case was dismissed, or the record is otherwise resolved; and (3) the applicant's personal information (name, date of birth, civil status) in the NBI database does not match their current government-issued identification due to legal name change, marriage, or error.

The legal framework governing the NBI Clearance Affidavit (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a NBI Clearance Affidavit (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Civil Code of the Philippines (RA 386) sets the foundational requirements.

An NBI Clearance Affidavit in the Philippines is needed whenever an applicant's NBI Clearance application returns a derogatory hit, name similarity match, or data discrepancy that the NBI requires to be explained under oath before clearance can be issued.

An NBI Clearance Affidavit is required when the applicant's name matches that of a person with a criminal record in the NBI database — a common occurrence given the prevalence of shared Filipino surnames — and the applicant must swear to the NBI that they are not the person with the derogatory record, supported by their government-issued identification and other proof of identity.

An NBI Clearance Affidavit is needed when an applicant was previously convicted of an offense but the penalty was served, the conviction was pardoned by the President under the pardoning power in Article VII, Section 19 of the 1987 Constitution, or the applicant was granted probation under the Probation Law (PD 968) and wishes to explain their status to the NBI.

An NBI Clearance Affidavit is required when an applicant legally changed their name through a court order under Rule 103 of the Rules of Court or under Republic Act No. 9048 (Clerical Error Law, 2001), and their new legal name does not match the name in the NBI database, causing a data mismatch.

An NBI Clearance Affidavit is needed when a married woman's maiden name in the NBI database differs from her married name currently in use, and she must establish the connection between the two names to clarify her identity.

An NBI Clearance Affidavit is required when an Overseas Filipino Worker (OFW) applying through the Department of Migrant Workers (DMW) needs an NBI Clearance for deployment and their record shows an unresolved issue that must be addressed before the clearance can be issued for overseas employment documentation.

A valid NBI Clearance Affidavit for the Philippines must contain the following essential elements to be accepted by the National Bureau of Investigation.

Affiant's Personal Information: Full legal name (including all previous names or aliases if applicable), date of birth, place of birth, current address, civil status, citizenship, and government-issued ID numbers (Unified Multi-Purpose ID or PhilSys Number, passport number, driver's license, or voter's ID). The NBI uses these details to cross-reference the affiant against their database records.

Statement of the Issue Being Addressed: A clear, specific description of the derogatory hit, name similarity, or data discrepancy encountered during the NBI Clearance application — including the specific court, case number, and charge described in the NBI's derogatory record if known. If the affiant is addressing a name similarity issue, explicitly state that the affiant is a different person from the one with the derogatory record.

Explanation and Supporting Facts: A truthful, sworn explanation of the circumstances — for example: "I am not the Juan dela Cruz convicted in Criminal Case No. 2010-1234 before the Regional Trial Court of Quezon City, Branch 200; my full name includes my middle name 'Reyes' which distinguishes me from the convicted person." Supporting facts should include biographical information that differentiates the affiant from the person with the derogatory record.

Supporting Documents Listed: A list of documents attached as annexes — court orders of dismissal or acquittal (certified true copies from the clerk of court), certificate of finality of judgment, pardon or parole documentation, marriage certificate from the Philippine Statistics Authority (PSA), court-approved name change order under Rule 103 of the Rules of Court or RA 9048.

Jurat and Notarization: The affidavit must be subscribed and sworn to before a notary public under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) or before a public officer authorized to administer oaths. The notary must affix their notarial seal, IBP number, PTR number, notarial commission number, and the expiration date of the commission.

Additional compliance elements for a NBI Clearance Affidavit (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.