Overview
The National Bureau of Investigation (NBI) is a government law enforcement and investigative agency, often likened to the FBI of the United States. It operates under the Department of Justice and is tasked with handling high-profile and complex criminal cases that often have national or inter-regional scope . The NBI’s jurisdiction ranges from cybercrime, financial fraud, and organized crime to assisting in local police investigations that require advanced forensics or expertise. For everyday purposes of employers and employees, the most visible function of the NBI is the issuance of the NBI Clearance – a certificate that indicates whether or not an individual has any criminal record in the Philippines.
The NBI Clearance is a document widely required for employment (especially for new hires), visa applications, local and overseas study, professional license applications, and other personal transactions. It essentially shows that the person has no derogatory or criminal record on file (or if they do, the nature of that record is specified). Companies often ask job candidates to submit an NBI Clearance as part of pre-employment requirements to ensure they are not hiring someone with a serious criminal background. Likewise, foreign employers or immigration authorities ask for it when Filipinos apply for jobs or visas abroad to attest to their good conduct.
In terms of internal NBI operations, the bureau has divisions specializing in different crimes (e.g., Anti-Human Trafficking, Cybercrime, Anti-Graft). They employ seasoned investigators and forensic scientists. For HR professionals, however, one wouldn’t normally interact with NBI’s investigative side unless something unfortunate occurred (like a crime in the workplace requiring NBI intervention). It’s the clearance and verification side that is commonly in play.
NBI Clearance has become effectively a standard “certificate of no criminal record” in the Philippines, more comprehensive than a local police clearance (which only covers a city or municipality). NBI Clearance checks the person’s name across the NBI’s national database of crime records, which aggregates reports from police, courts, and previous NBI investigations . If the name is clear (no hit), the clearance is issued stating “No record on file” or similar. If the name has a hit (e.g., someone with the same name has a record), the applicant might have to clarify with additional information or documents before the clearance is released (often referred to as needing “hit verification”).
Contribution or Eligibility Criteria
There’s no “contribution” to the NBI from employers or employees akin to a fund – it’s a government service funded by its clearance fees and national budget. Everyone is “eligible” to request their own NBI clearance, including Filipinos and even foreign residents (foreigners who have lived in the Philippines and need a clearance for some reason can also apply – the clearance would show any Philippine record).
From an HR perspective, requiring an NBI clearance as part of hiring is standard for many positions, but employers should be mindful of fair use of that information:
• If a candidate’s NBI clearance comes back “No record”, no issue – proceed as normal.
• If it comes back with a record (say it notes a pending case or a prior conviction), the employer must decide how that factors into their hiring decision. Some offenses might be clearly job-related (e.g., a conviction for theft might disqualify someone for a finance role). But minor or very old offenses might be less relevant. There’s an element of discretion and also non-discrimination – Philippine law doesn’t have a specific prohibition on not hiring someone due to a criminal record, but labor law principles of equal opportunity might encourage giving candidates a chance if the record is not materially related to the job or if they have been rehabilitated. For sensitive industries (security, childcare, etc.), a clean record is often mandated by other regulations.
Usually, a person must be 18 or above to apply for an NBI clearance (minors aren’t typically asked for it since they can’t be in most formal jobs, though if needed a minor could likely get one with a guardian’s consent).
The clearance is valid for a specified period – currently, NBI clearances state validity of up to one year from issue (some organizations consider it “valid” only if issued within the last 3 or 6 months, depending on internal policy). There’s no limit to how many times one can get a clearance, aside from paying the fee each time.
From an employee perspective, many consider obtaining an NBI clearance a rite of passage when starting a career. It can be tedious if you have a common name because of the “hit” process requiring a return visit. The NBI has made efforts to reduce false hits by capturing more personal data (like birthdate, etc.), but hits still occur. That’s something HR sometimes must account for – a new hire might have a delay in submitting their clearance due to a hit that needs verification.
Purpose and Use in HR or Business Compliance Context
Pre-Employment Screening
The primary use of NBI clearance in the HR context is to screen prospective employees for criminal background. Employers ask for this document to ensure the safety and integrity of their workforce. For example, if an employer inadvertently hires someone with a history of violent crime or theft without doing a background check, they could be putting other employees or company assets at risk. Obtaining NBI clearance is a way to exercise due diligence. In certain industries, it’s practically mandatory (like security agencies require guards to have an NBI clearance, schools often require it for teachers to ensure they were never convicted of child abuse, etc.).
By reviewing the NBI clearance:
• If it says “No Record”, HR simply files it and proceeds.
• If it says “With Record” or lists an offense, HR might discuss it with the candidate. Sometimes the clearance might show a “Dismissed” case or an arrest without conviction. A candidate should be given a chance to explain their side or provide court documents that the case was cleared, etc. HR may also consider the nature of the offense (was it a minor charge like a traffic violation or a serious felony?).
Verification of Identity
The NBI clearance nowadays is also considered a valid government-issued identity document. It includes the person’s photograph, personal details, and a unique NBI QR code. Many institutions accept it as a proof of identity and good conduct. So, in onboarding, an NBI clearance can serve the dual purpose of background check and ID verification. It confirms that the name, birthdate, etc., given by the applicant match an official source.
Post-Employment
Usually, once someone is hired, employers do not continuously check criminal records. However, certain jobs (like in sensitive government posts or high-trust positions) might require periodic updating of clearances. For instance, some companies ask employees to renew their NBI clearance every few years as a condition of continuing employment, especially if required by a client or regulator.
Employee Misconduct Investigations
If an employee is implicated in some wrongdoing, occasionally employers might consult law enforcement or check public records. NBI clearance wouldn’t typically be re-run for an active employee (since any new charge wouldn’t show up until they apply again), but if an employer hears that an employee was arrested outside of work, they might request the employee to secure a new NBI clearance or a police clearance to verify.
Contractor/Vendor Due Diligence
Beyond employees, companies sometimes require service providers (like agency-hired janitors or canteen staff) to also present NBI clearances for the safety of everyone on premises. HR may coordinate those requirements with third-party contractors.
Travel Abroad and Secondment
If an employee is being assigned overseas or migrating, they often need an NBI clearance as part of visa processing (like for a work visa in another country). Employers may assist by giving time off or resources for the employee to obtain the clearance. Some embassies require that the NBI clearance be “authenticated” (red-ribbon or apostilled by DFA) which adds processing time.
Mass Clearance Programs
Big companies sometimes coordinate with NBI to do on-site clearance processing for employees (especially in industries like BPO or manufacturing where you have large hiring classes). NBI has mobile clearance services that can come to offices or job fairs. HR might collaborate with NBI on such drives, benefiting both (company gets easier processing for many employees, NBI gets bulk transactions). For example, a call center hiring 200 new agents might invite NBI’s mobile team to their office to process all new hires in one go.
Legal Compliance
While there’s no law requiring private companies to only hire people with clear criminal records (except in regulated sectors), an employer could be exposed to negligent hiring liability under civil law if they fail to screen and that leads to harm. For instance, if a delivery company hires a driver without checking background and that driver had a history of DUIs and then causes a serious accident, the company could face lawsuits partly for not having discovered the risk. Using NBI clearances is a defense against such claims – it shows the company took reasonable steps.
Workplace Safety and Security
Knowing that colleagues have been vetted can give employees peace of mind, especially in industries where trust is paramount (banks, jewelry stores, etc.). It doesn’t guarantee someone is 100% safe, but it eliminates those with known red flags. It’s one element of a comprehensive security protocol (alongside reference checks, etc.).
It’s worth noting that an NBI clearance is only as good as the point in time it’s issued. It’s not a dynamic monitoring tool. It won’t show if someone commits a crime after the clearance date. That’s why some employers may also invest in fidelity bonding or other measures for high-trust employees because background is clear at hire but future behavior can change.
Recent Developments or Legal Changes
In recent years, obtaining NBI clearances has become more convenient, which indirectly encourages more employers to mandate it since it’s less of a burden on applicants:
• Online Application System: The NBI launched an online clearance processing portal around 2017 and has improved it since . Now applicants fill their details online and just go to NBI for biometrics. This cut down lines significantly. The pandemic further pushed NBI to implement strict appointment systems, so you can’t just walk in; you schedule a slot. For HR, this means telling candidates to get an NBI clearance no longer implies multiple days lost in queues; it can often be done within a couple of hours on a chosen day. This makes it practical to require even for quick hiring timelines.
• Multi-purpose Clearance: Starting around 2018, the NBI Clearance is labeled “Multi-Purpose – For whatever legal purpose” instead of specifying the purpose (it used to say “For Employment” or “For Travel Abroad” etc.). Now it’s one standard clearance acceptable for all needs . This simplifies things; people don’t need separate clearances for job vs. visa – one document serves all. So employees can reuse the clearance they got for job application for other personal uses and vice versa.
• Database Enhancements: The NBI has been continually updating its database. RA 10867 (2016) included provisions for improving criminal data systems. They’ve linked with PNP’s systems and likely with the courts. As a result, clearances nowadays sometimes catch info that older ones might not have (like someone who had a pending court case that wasn’t in NBI records before might now appear). That means HR might occasionally see an older employee get flagged on a new clearance for something that happened years ago but only now shows up due to better data. It’s rare but possible, and would need careful handling.
• National Police Clearance (NPC): The Philippine National Police introduced a “National Police Clearance” a few years ago, which also uses a nationwide database of police records. It’s not as universally requested as NBI clearance yet, but some employers have started asking for both NBI and NPC to be thorough. The NPC might catch records not forwarded to NBI yet (like very recent local police blotters). However, NPC is newer and not all embassies or companies recognize it as equivalent to NBI clearance. In HR practice, NBI clearance remains the gold standard, but companies might update policies if NPC becomes more comprehensive. There’s talk of eventually integrating them to reduce redundancy.
• Streamlined Renewals: If someone had an NBI clearance issued after 2014, they can renew online without repeating fingerprints, as long as no “hit”. They just pay and get a new one printed. This ease of renewal means current employees can renew their clearance if needed with minimal fuss.
• Integration with PHILSYS ID and Other Biometrics: The NBI is likely to integrate with the Philippine National ID system for verifying identity. Also, since NBI now uses biometric fingerprint scanning, those prints are digitized and could later be cross-checked for new crimes (e.g., if an employee was involved in a crime and left prints, law enforcement could match it to NBI’s database of clearance applicants). It’s not an HR thing directly, but it highlights that having an NBI clearance file ties a person into law enforcement databases in a way that can be used for solving crimes – in theory a societal benefit (and deterrent).
• Data Privacy and “Right to be Forgotten”: There is an interesting intersection where some people with old records have petitioned to have their names cleared. For example, someone falsely charged might want their name not to show a hit anymore. The NBI has to balance transparency with fairness. Implementation of any “clean slate” policies (like for those acquitted or minor juvenile records sealed) can affect what appears on clearances. If the justice system clears a record, NBI should update. For HR, if a candidate shows a record but says it’s an error, they might be in the process of correction. Usually, NBI clearance issuance stands as is unless formally changed by NBI on subsequent applications after they correct their data.
• Upcoming Technology: Possibly in the near future, the NBI clearance might become fully electronic (like a PDF with QR code one can share). Already the printed one has a QR code that any smartphone (with the NBI app or an online QR checker) can scan to verify authenticity. This reduces fake clearance issues (in the past, some would forge the paper document; now employers can easily detect fakes by scanning the code to see if it’s valid in NBI’s system).
Overall, obtaining an NBI clearance is easier than before, so employers have even less reason to skip it. And candidates can’t reasonably object to obtaining one since it’s straightforward and relatively cheap.
Importance for Employers and Employees
For Employers
NBI clearances are an important risk mitigation tool. They help ensure that new hires do not have undisclosed criminal histories that could pose a problem. This is particularly important when hiring for positions of trust (cashiers, IT administrators with access to sensitive data, those handling keys or classified info). It’s part of building a trustworthy workforce. Additionally, some clients of an employer may require that all personnel on their project have clearances. For example, a BPO serving a US client might require employees to have no criminal record as part of compliance. If an employer fails to screen and something goes wrong, there could be reputational damage and even legal liabilities (“negligent hiring”). Also, in regulated industries, hiring someone with certain convictions could endanger licenses or compliance status (e.g., in a bank, hiring someone convicted of financial fraud might get the bank in trouble with the Bangko Sentral if found out).
NBI clearance also has symbolic value: it signals that the company values integrity and has high standards for its staff. Many reputable companies list “NBI clearance” as required in job ads, which in turn attracts applicants who are confident about their clean records.
However, employers should also handle the information responsibly. If an applicant is rejected due to a criminal record, it’s wise to keep that confidential beyond the hiring committee. There is some sensitivity; Philippine society often believes in second chances, so if the record was minor or long past, a strict no-hire stance might be seen as harsh. Employers might consider the nature of the offense, time elapsed, and relevance to job.
For Employees/Candidates
From the perspective of job seekers, having an NBI clearance ready speeds up their hiring process. It’s often one of the last steps before final job offer or starting work. Being proactive (getting one beforehand) can impress an employer that the candidate is prepared and transparent. Conversely, if a candidate drags their feet on submitting an NBI clearance, an employer might become suspicious or frustrated. So savvy job hunters often secure a new NBI clearance as soon as they start job hunting, to be ready.
If a candidate does have a record, the NBI clearance will force that into the open. It’s often better they themselves inform HR upfront (“I want to let you know, I have a previous case which was dismissed, it might appear on my NBI clearance, here’s the court document proving dismissal”) rather than HR discovering it with no context. How that affects their chances varies by employer. Some may appreciate the honesty and still hire, others may decide to pass due to policy or perceived risk. For candidates, one benefit of obtaining the clearance is knowing what’s on their record – some might not even be aware of a “hit” (e.g., if someone filed a complaint or a case was lodged without their knowledge in absentia). The clearance process can alert them to clear something if it’s erroneous or resolved.
For current employees, being asked periodically for a new clearance can ensure that employees maintain good behavior even outside work, knowing the employer might find out about any legal trouble. However, routine re-checking is not common in the Philippines due to trust and practicality. It’s usually one-and-done at hiring, except maybe for promotions to very sensitive roles.
Workforce Morale and Safety
Employees generally feel reassured if they know the company screens newcomers. It means the company cares about who joins the team. It might especially matter in workplaces with overnight shifts or field work where employees rely closely on each other. If a coworker had a violent criminal past that no one knew about and an incident happened, others might say “why didn’t the company check?” So for internal trust, clearance helps.
Limitations
Both employers and employees should understand an NBI clearance is not a guarantee of character. It only shows recorded past issues. A person with no record could still commit a first-time offense. So it’s one layer of trust-building, but not the only one. Employers should combine it with reference checks, probationary observation, etc. And employees with an NBI clearance should still act professionally (obviously) – it’s not a shield, just a snapshot of the past.
Social Consideration
The practice of requiring NBI clearance also touches on reintegration of ex-offenders. If someone has a criminal record, NBI clearance will flag it, and it could be harder for them to get jobs, which might contribute to recidivism. Some advocacy exists for measures to help rehabilitated individuals get employment (the “Ban the Box” movement in the US, for example). In the Philippines, we don’t (yet) have a law restricting employers from asking about criminal history, but there’s a gentle push in society to consider giving reformed individuals a chance. Employers can weigh this on a case-by-case basis, possibly waiving strict clearance requirements for minor offenses or if a long time has passed with evidence of reform (like the person has worked elsewhere since without issues, etc.).
Government Compliance
Some government agencies require companies to ensure their staff have NBI clearances, depending on contracts. For example, a company providing services in a military base might need all staff cleared. Thus, NBI clearances can sometimes be not just an internal policy but a contractual or legal necessity. HR must then track clearances and renew them as needed to comply with those external requirements.
In conclusion, the NBI clearance is an essential piece in the HR toolkit for building a safe and reliable workforce. It is deeply ingrained in Philippine hiring practices – so much so that most job applicants know to get one, and many won’t question why it’s needed. It provides a measure of assurance, contributes to due diligence, and is practically a standard operating procedure in ensuring workplace security and trustworthiness. Both employer and employees benefit: the employer through risk reduction, and the employees through a potentially safer work environment and clarity of personal record status. It’s a prime example of how public sector services directly interface with private HR processes for mutual benefit.
