A clean criminal record status is one of the most important requirements when traveling abroad. The Philippines enforces strict immigration requirements to uphold public safety and ensure compliance with the law. Individuals involved in ongoing criminal proceedings are prohibited from leaving the country. They shall be handed over to authorities, and their valid passports must be confiscated to prevent departure.
What is a Derogatory Record?
A derogatory record is issued by a court or authorities to an individual who has a pending criminal case or existing criminal history. It is often required for background checks, visa applications, and other circumstances where legal verification is needed. This type of document is reviewed by various law enforcement agencies, such as the Bureau of Immigration (BI) officers, Philippine National Police (PNP), or the National Bureau of Investigation (NBI).
How to Verify If There is a Derogatory Record Against You in the Philippines?
To verify if there is a derogatory record filed against you, follow these steps:
- File a Request. Submit a request for verification at the Clearance and Certification Section of the Bureau of Immigration (BI).
- Documentation and Payment. Present your passport and pay the necessary fees.
- Receive Confirmation. The BI will process your request and inform you of the results.
How to Know if You Have a Pending Criminal Case?
To verify if you have a pending case, you may follow these procedures:
Secure a Police Clearance
A Police Clearance proves that an individual has no criminal history in the city or province where he/she resides.
- Application. Visit the local PNP station or apply online through the National Police Clearance System (NPCS).
- Submission of Documents. Submit the required documents to complete the transaction.
- Payment of Fee. Pay the required fees and have your fingerprint scanned.
- Issuance. Once your information and payment is completed, your clearance will be issued to you.
Obtain a National Police Clearance
A National Police Clearance, also known as NBI Clearance, confirms whether an individual has a criminal history in the Philippines or other countries.
- Create an Account. The applicant is required to create an account on the National Police Clearance System (NPCS) website.
- Fill Out the Form. Fill out the application and ensure that all given information is complete and accurate.
- Schedule an Appointment. Choose your preferred date and time, and pay the necessary fee to confirm your application.
- Biometric Capture. Visit the NBI Clearance center at your appointed schedule for biometric capturing.
- Issuance. If you do not have an existing criminal history, a “No Record on File” will be on your clearance. Otherwise, a “Hit” will be shown if you have a criminal record.
Review Court Records
In accordance with Section 2 of the Powers and Duties of Courts and Judicial Officers, the records of every Court of Justice shall be public records and shall be available for the inspection of any interested person, at all proper business hours, under the supervision of the Court Clerk having custody of such records, unless the court shall, in any special case, have forbidden their publicity, in the interest of morality or decency.
- Go to the Court. Visit the Clerk of Court where the case is filed.
- Submit a Request. Submit a written request, stating your reason or purpose to access the records.
- Authorization. If authorized, the Clerk of Court will provide copies of the requested documents.
Note that the authorized representative must have a Special Power of Attorney (SPA) when processing documents on your behalf.
Is there a Limitation and Privacy Considerations When Disclosing a Criminal Record?
Accessing and disclosing any personal information without proper authorization may result in legal consequences. The Data Privacy Act of 2012, also known as Republic Act No. 10173, governs the collection, processing, and disclosure of personal information, including criminal records. The disclosure of personal information must be conducted with transparency, consent, and for legitimate purposes. More importantly, the owner of the information must be informed of the reason for disclosure. If their privacy has been violated, they have the right to seek legal action.
How to Lift a Derogatory Record in the Philippines?
In the Philippines, lifting a derogatory record can be critical as it may involve through understanding, compliance with Philippine law, and legal processes. Therefore, seeking legal advice and assistance from a lawyer is necessary. A lawyer can provide legal guidance and assist you in preparing the necessary documents. In case of legal proceedings, they can be your legal representative, present your interest, and ensure that your rights are protected.
Need further information and assistance regarding No Derogatory Record? Talk to our team at Duran & Duran-Schulze Law in Bonifacio Global City, Taguig, Philippines to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
