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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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 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.” 

Our proceedings are deemed confidential and all information gathered in the course of investigation must be treated with utmost confidentiality and sensitivity.

We however suggest that he apply for the renewal of hisNBI Clearance at any NBI Satellite Clearance Office near you, in order to ascertain whether he has a criminal record or not.


Atty. RUSTICO Q. VIGILIA
FOI Decision Maker