In the Philippines, foreign nationals must present proof that they have no pending case, warrant of arrest, and criminal record/s from their home country. If they are found to have violated the laws from their home country, they will be automatically included in the Bureau of Immigration’s blacklist system. Additionally, individuals who are deemed to be a threat to national security and public safety will be deported and barred from re-entering until their blacklist order is lifted.
What is a Blacklist Order (BLO)?
A Blacklist Order (BLO) prohibits individuals from entering the country due to various reasons under the Philippine Immigration Act of 1940. Foreign nationals with criminal record/s or wanted in their home countries are included in the list and forbidden to enter the Philippines. However, if the blacklisted individual is already in the country and unaware of the order, they will be barred from entering the country upon their arrival and will be deported.
What are the Reasons of Being Blacklisted by Philippine Immigration?
Based on the Philippine Immigration Act of 1940 or the Commonwealth Act No. 613, a foreign national may be blacklisted for the following reasons:
- Violators of Philippine laws
- Criminally convicted
- Undocumented individual
- Supporters of subversive acts
- Sex Offender
How to Know If I Am Blacklisted in the Philippines?
In the Philippines, you may know if your name is included in the blacklist by checking and verifying if you have a warrant of arrest, pending case or a criminal record.
Verification of a Warrant of Arrest
A warrant of arrest is a legal document issued by a court or relevant authority. This document authorizes law enforcement officers to arrest a suspected individual of committing a crime. To verify if you have a warrant of arrest, you must follow these legal process:
- Request a Background Check or Get a Police Clearance. Visit a police station or the National Bureau of Investigation (NBI) to request a background check or a clearance certificate.
- Check with the Court. If you are aware of the jurisdiction where the crime was allegedly committed, you can inquire with the Regional Trial Court or Municipal Trial Court where the warrant might have been issued. You will then be assisted in verifying whether there is a warrant issued under your name.
- Seek Legal Assistance. A lawyer can verify any warrants on your behalf and guide you through legal procedures. If you are found to have a warrant, they can be your legal representative and advocate your interest in court.
Verification of a Pending Case
To verify if you have a pending case, the individual must follow these procedures:
- Inquire with the BI. You may visit or contact the Bureau of Immigration (BI) office to inquire if you have a derogatory record. A duly authorized representative may also inquire on your behalf.
- Consult with an Immigration Lawyer. Consult with a lawyer who specializes in immigration law and has experience dealing with blacklist orders. They can provide expert legal advice tailored to your specific situation, assess the merits of your case, and guide you through the complex legal procedures involved in lifting the blacklist order.
Verification of a Criminal Record with the National Bureau of Investigation (NBI)
The National Bureau of Investigation (NBI) is a government agency that operates under the Department of Justice (DOJ). It is responsible for investigating crimes and enforcing the criminal laws in the Philippines. To check if you have a pending case or criminal record with the NBI, you must follow these process:
- Register for NBI Clearance. Create an account on the NBI Clearance online portal and complete the application form by providing your personal information and other relevant information.
- Set an Appointment. Once you have completed the application form, you will be required to choose your preferred NBI Clearance center for biometrics capture. Ensure that you will be free on your selected time and date since you need to reschedule it once you missed it.
- Payment of Fees. After selecting your preferred appointment, you will be required to pay the applicable fees. You can either pay through online banking or payment centers. You will be given a reference number to be presented on the day of your appointment.
- Biometrics Capture. Visit your preferred NBI Clearance center for biometrics capture at the day of your appointment. Bring a valid ID for identification purposes.
- Issuance of NBI Clearance. Once the verification is complete, the NBI will issue your clearance. If there are no hits, a “No Record on File” will be issued. This means you do not have a pending case or criminal record. If there are hits, you must address the issue with the NBI before you can obtain a clearance, and if necessary, seek a legal representative to resolve any ongoing cases.
Why Would You Want to Check If You Have a Warrant of Arrest, Pending Cases or a Criminal Record?
An individual may want to verify if they have a warrant of arrest or a pending case with the National Bureau of Investigation (NBI) because of the following reasons:
- To ensure that they are not subject to any investigation, particularly if they have been involved in situations that lead to legal action;
- To prove that they do not have a pending case, warrant of arrest or any criminal record that may result to deportation or enforcement of derogatory record from other countries;
- To serve as a proof of a clean criminal record when applying for a job or seeking an employment; and
- To know that they are not involved in any legal matters.
Need further information and assistance regarding Blacklist Order (BLO) Verification? Talk to our team at Duran & Duran-Schulze Law 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.
