National Bureau of Investigation

As with all other requests of a similar nature, this Bureau has emphasized that while we recognize the right of every citizen to be informed of all the facts relevant to an action, we do not regularly accede or comply with these kinds of requests.

The NBI, as the premier investigative agency of the country and the national clearing house of all criminal and other records and information, cannot release any official and/or internal documents pursuant to limitations prescribed by law, rules, and regulations to the right to access to information, viz:

For the guidance of all government offices and instrumentalities covered by EO No. 2 S, 2016 and the general public, the following are the exceptions to the right to access to information , as recognized by the Constitution, existing laws, and jurisprudence:

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3. Information concerning law enforcement and protection of public and personal safety:

a. investigation records compiled for law enforcement purposes of information which if written would be contained in such records, but only to the extent that the production of such records or information would- 

iii. disclose the identity of a confidential source and the case of a record compiled by a criminal law enforcement 
authority in the course or a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source.

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4. Information deemed confidential for the protection of the privacy of persons and certain individuals such as minors, victims of crimes, or the accused.

a. information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy, personal information or records, including sensitive personal information, birth records, school records, or medical or health records;

Sensitive personal information as defined under the Data Privacy Act of 2012 refers to personal information:

(2) about an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings.

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7. Records of proceedings or information from proceedings which, pursuant to law or relevant rules and regulations, are treated as confidential or privileged; 

More importantly, Item No. 6 of the Department of Justice Circular No. 048 dated 04 August 1993, provides that:

“Records or information compiled for law enforcement purposes containing techniques, procedures or guidelines or other classified matters for investigations or prosecutions shall not be made available to the public.” 

This is affirmed in the case of Francisco I. Chavez v. Public Estates Authority and Amari Coastal Bay Development Corporation (G.R. No. 133250, 09 July 2002), which declares:

The right to information, however, does not extend to matters recognized as privileged information under the separation of powers. The right does not also apply to information on military and diplomatic secrets, information affecting national security, and information on investigations of crimes by law enforcement agencies before the prosecution of the accused, which courts have long recognized as confidential. The right may also be subject to other limitations that Congress may impose by law.

This prohibition is further reinforced by this Bureau’s Manual on Freedom of Information, which provides:

“Information, documents or records known by reason of official capacity are deemed confidential, including those submitted or disclosed by entities to government agencies, tribunals, and board of officers, in relation to the performance of their official functions or to inquiries or investigation conducted by them in the exercise of their administrative, regulatory, or quasi-judicial powers.” 

As a matter of policy, this Bureau does not furnish copies of any document gathered during the course of its investigation to any person, unless upon order of the court or request of secretaries and heads of departments. Our proceedings are deemed confidential and all information gathered in the course of investigation must be treated with utmost confidentiality and sensitivity.

We however wish to inform you that a "HIT" status may indicate that either you or your namesake (i.e., an individual who shares the same name while you) is linked to records or information which might have a criminal record.

Every time someone applies for an NBI clearance, an NBI personnel combs through their criminal database to evaluate for virtually any criminal record, also called “derogatory records” -associated with the applicant’s name.

An “NBI Clearance Hit” occurs when the search returns a suspicious result. At this point, one can get a “hit” regardless if the criminal case is associated with you or a namesake. The verification process is going to take place down the road.

Applicants with an “NBI Clearance Hit Status“ status receive a five- to some ten-day waiting period when NBI researchers meticulously see if the “derogatory records” are part of you or a namesake.

Once proven the “NBI Clearance Hit“ is the consequence of namesake who committed or suspected of a crime, a criminal record can merely return to NBI office as soon as the waiting period and claim the clearance with no additional fee.

In case the “derogatory records” have been proven to actually participate in you, the NBI will demand one to attend an “NBI Clearance Quality Control Interview.”

The purpose of the interview is always to permit the NBI Agents to experience a closer examination of your respective identity. Unless you’re a fugitive, you don’t have to be worried especially for those who have been absolved of one’s past criminal case/s.

Atty. RUSTICO Q. VIGILIA
FOI Decision Maker