NBI Clearance for Jobs in the Philippines: Hits, Remedies and Hiring Rules

Q: What if I left out a past case or a past job on my application?

In Celis v. Bank of Makati (G.R. No. 250776, June 15, 2022), the Supreme Court held that omitting a previous employer from an application is not the same as giving false information and does not justify dismissal. A knowingly false answer to a direct question is treated differently and can be a just cause, subject to due process and proportionality.

An NBI clearance is not required by any Philippine labor statute, but most private employers ask for one because it is the only nationwide check of whether an applicant’s name appears in the National Bureau of Investigation’s criminal database. A “hit” on that check is a verification flag, not a finding that you have a record. Whether a hit, a pending case or an old conviction can cost you a job depends on what the clearance finally says, the kind of job, and what you told the employer.

This guide is for job applicants waiting on a hit, employees asked to submit a clearance after hiring, and HR officers deciding what to do with one. It explains what the document proves, why employers treat it as a trust requirement, the NBI’s own process for clearing a hit, and the labor-law limits on using a clearance to refuse or end employment.

Direct Answer

In the Philippines, an NBI clearance is a pre-employment requirement set by employer policy, not by the Labor Code; an employer may lawfully require it as a reasonable exercise of management prerogative, and for some licensed roles the law itself bars anyone convicted of a crime involving moral turpitude.^[1]^[5] A “hit” means your name matched or resembled a record in the NBI database and must be verified manually; the NBI’s own guidance is that most hit applicants return after about five to ten working days, pay nothing extra, and receive a clearance once the match is resolved.^[2]^[3] A hit alone is not a ground to refuse hiring; what matters is the final document, the honesty of your application, and whether the job legally requires a clean record.^[4]^[6]

Rule, Exception, Evidence, Timing and Next Step

Element	What applies
Rule	No labor statute mandates an NBI clearance. Employers may require it as a reasonable hiring standard; dismissal of a hired employee still needs a just cause and due process under Articles 297 and 292(b) of the Labor Code.^[1]
Exception	Licensing laws can make a clean record a legal qualification: RA 11917 denies a security professional’s license to anyone convicted of a crime involving moral turpitude.^[5] Lying on the application form, as opposed to leaving something out, can be a just cause.^[4]
Evidence	The printed clearance itself; two valid government IDs; for an actual case, the court’s order of dismissal or certificate of finality; your signed application form and the employer’s written hiring policy.^[2]^[3]
Timing	No hit: clearance printed the same day. With hit: return on the date the branch gives, usually five to ten working days per the NBI. The NBI’s public pages state no validity period; employers set their own recency rule.^[2]^[3]
Next step	Applicant: attend the return date or Quality Control interview with your IDs and any court document, then give the employer the final clearance. Employer: decide only on the released document, apply the same rule to everyone, and handle the record as sensitive personal information under the Data Privacy Act.^[7]

Key Takeaways

The NBI Citizen’s Charter describes three outcomes: No Hit (proceed to printing), With Hit (return on a scheduled date), and With Hit “For Quality Control” (interview and verification against the NBI Criminal Database).^[2]
The NBI’s own application guide says a hit usually means you share a similar or identical name with someone who has a case or record, that it is common, and that you return after about five to ten working days without paying again.^[3]
The basic clearance fee is ₱130 plus an e-payment service charge the NBI describes as usually around ₱25 to ₱30; first-time jobseekers with a barangay certification get it free, once, under RA 11261.^[3]^[8]
A hit is not a criminal record. An accused person is presumed innocent until proven guilty, and a dismissed or acquitted case is not a conviction.^[9]
In Celis v. Bank of Makati (2022), the Supreme Court held that merely omitting a past job from an application is not the same as giving false information and does not justify dismissal.^[4]
Information about criminal proceedings is sensitive personal information under the Data Privacy Act; an employer that collects clearances must have a lawful basis and keep them secure.^[7]
For the private sector, the decision to hire or not hire someone with a record is largely the employer’s, limited by the reasonableness of its policy and any law that governs the specific job.^[1]^[5]

Legal Basis

Authority	Classification	Rule supported	Effect
Labor Code, Articles 292(b), 296 and 297 [277(b), 281 and 282]	Statute	Just causes for dismissal including fraud and serious misconduct; due process; probationary standards must be made known at engagement	Binding law
Republic Act No. 10867, NBI Reorganization and Modernization Act, Section 4(c) and (m)	Statute	NBI acts as the national clearing house of criminal records and runs the clearance and identification center	Binding law
Presidential Decree No. 968, Probation Law, Sections 16 and 17; Republic Act No. 9344, Section 43	Statute	Final discharge from probation restores civil rights but does not erase the conviction; probation reports are privileged; records of children in conflict with the law are confidential	Binding law
NBI Citizen’s Charter, NBI Clearance for First Time Job Seekers	Agency charter	No Hit, With Hit and For Quality Control outcomes; verification against the NBI Criminal Database; free clearance for first-time jobseekers	Official procedure
NBI, How to Apply for NBI Clearance	Official agency guidance	Online application steps, ₱130 fee plus e-payment charge, two valid IDs, five to ten working days for a hit, no extra payment on return	Official procedure
Republic Act No. 11261, First Time Jobseekers Assistance Act	Statute	Government fees for pre-employment documents waived once for first-time jobseekers with a barangay certification	Binding law
Republic Act No. 11917, Section 12(e)	Statute	No license to exercise the private security profession for anyone convicted of a crime involving moral turpitude	Binding law
Republic Act No. 10173, Data Privacy Act, Sections 3(l) and 13	Statute	Criminal proceedings and their disposal are sensitive personal information; processing allowed only on listed grounds	Binding law
1987 Constitution, Article III, Section 14(2)	Constitution	Presumption of innocence until the contrary is proved	Binding law
Celis v. Bank of Makati, G.R. No. 250776, June 15, 2022	Supreme Court decision	Omitting past employment from a job application is not a false statement and is not a just cause for dismissal	Controlling jurisprudence

What an NBI Clearance Is and What It Proves

An NBI clearance is a certificate issued by the National Bureau of Investigation, an agency under the Department of Justice, stating the result of a check of your name and biometrics against the NBI Criminal Database. The NBI holds that database because its charter law makes it the national clearing house of criminal records and directs it to run a clearance and identification center holding criminal, derogatory and civilian identification records.^[11] The NBI’s Citizen’s Charter lists the clearance as a frontline service for the general public, including people seeking local or overseas employment.^[2] It is applied for online at the official portal, clearance.nbi.gov.ph, then completed at a branch where your photo, fingerprints and signature are captured and your details are verified before printing.^[3]

The document proves one thing: what the NBI database showed about you on the date of issue. It is a snapshot, not a lifetime guarantee, and it is not a court judgment. It does not prove good character, and a clean clearance does not prove the absence of a case that has not reached the NBI’s records. That is why employers usually ask for a recently issued copy rather than an old one.

Do not confuse it with the company clearance you sign when leaving a job. That document releases accountabilities to a former employer and is covered in company clearance and final pay.

Is an NBI Clearance Required by Law for Employment?

For most private-sector jobs, no. Nothing in the Labor Code lists an NBI clearance as a condition of employment. The requirement comes from the employer’s hiring policy, which it may set as part of management prerogative, provided the standard is reasonable, applied in good faith and applied to everyone in the same position.^[1]

There are two situations where the law itself makes a clean record a qualification. First, licensing statutes for regulated professions. RA 11917, the Private Security Services Industry Act, provides that no applicant shall be granted a License to Exercise Security Profession unless, among other qualifications, the applicant has not been convicted of any crime or offense involving moral turpitude.^[5] A security agency that hires an unlicensed guard exposes itself to fines under the same law, so the clearance is part of how the qualification is checked. Second, government service and specific regulated roles follow their own appointment rules, which are outside the scope of this guide.

The practical rule for applicants: if the job posting says an NBI clearance is required, treat it as a condition of the offer. If you cannot produce it by the deadline, say so early and ask for time; the NBI’s own process may take days when there is a hit.

Why Employers Treat It as a Trust Requirement

Employers value the clearance for three reasons that map onto labor law.

Positions of trust. Cashiers, warehouse custodians, drivers, account officers, kasambahay and anyone handling money, goods or confidential data are hired on trust. Fraud or willful breach of that trust is a just cause for dismissal under Article 297(c), and the clearance is the employer’s pre-hire check of the same concern.^[1] See loss of trust and confidence as just cause.
Regulated roles. Where a law or licensing body requires no conviction, the clearance is the employer’s evidence that it checked.^[5]
Client and insurer requirements. BPO clients, banks and logistics principals often require vetted staff as a contract term. The employer passes that requirement down to applicants.

The clearance also protects applicants. A released clearance with no derogatory record is objective proof against a reference-check rumor or a namesake’s history. Keep your personal copy; the NBI notes that a previous clearance can speed up a later hit verification.^[3]

What a “Hit” Means and How the NBI Resolves It

After biometrics, the branch runs your details against the NBI Criminal Database. The NBI Citizen’s Charter describes three possible results.^[2]

Result	What it means	What happens next	Timing per NBI
No Hit	No matching record was found in the NBI Criminal Database.	Proceed to the Printing Section and receive the clearance.	Same visit; the charter times verification at 30 seconds and printing at 15 seconds.^[2]
With Hit	Your name matched or closely resembled an existing record, often a namesake.	Return on the scheduled date and proceed to the Releasing Section.	Usually five to ten working days; no extra payment on return.^[3]
With Hit, For Quality Control	The record needs a closer check that may concern you personally.	Proceed to the Quality Control Section for an interview and verification against the database.	The charter sets a minimum of 15 minutes for the interview; release follows the outcome.^[2]

Two things follow from the charter’s wording. A hit is an administrative status inside the NBI’s workflow, not a statement that you committed anything; the charter’s own instruction is to return and wait for verification. And the Quality Control interview is where the NBI decides whether the record belongs to you. If it does not, your clearance is released. If it does, the clearance reflects the status of that case.

The NBI’s application guide adds that hits are common because many Filipinos share names, that a hit does not require a second payment, and that applicants with a clearance issued after 2014 and unchanged details can use the online renewal option with courier delivery instead of visiting a branch.^[3] Fees and processing details change; confirm them on the official portal before you apply.

How to Clear a Hit: Namesake, Pending Case, Dismissed Case

What you need depends on why the hit happened. The NBI’s charter requires two valid government-issued IDs for every application; anything beyond that depends on the record.^[2]

Why the hit happened	What to bring	Likely outcome
Namesake with a record	Your two valid IDs; a previous NBI clearance if you have one; a PSA birth certificate if identity needs confirming	Verification shows the record belongs to someone else; clearance released on the return date
Your own case, dismissed or acquitted	Certified true copy of the court order of dismissal or judgment of acquittal, and the certificate of finality from the same court	Record updated after Quality Control review; clearance released reflecting the dismissal
Your own case, still pending	Your IDs; any court document showing the current status	Clearance may be released with the pending case noted; the case itself must be resolved in court
Your own conviction, sentence served	Court records showing the judgment and completion of sentence, probation or parole	The record stays; the clearance reflects it unless a law or court order expunges it

The remedy for a hit caused by a real case is in court, not at the NBI. If a complaint against you was dismissed, ask the clerk of court for a certified copy of the order and the certificate of finality; the NBI’s records are only as current as the documents it receives. If a case is pending, your lawyer or the Public Attorney’s Office can tell you whether a motion to dismiss or a plea arrangement is realistic, which is a question about the criminal case, not about the clearance.

Whatever the cause, be accurate at the interview. The First Time Jobseekers Act punishes fabrication or falsification of the barangay certification under the Revised Penal Code, and the same logic applies to anything you tell the NBI.^[8]

What to tell the employer while you wait

You are not required to speculate about a record that may belong to someone else. A factual message is enough: “My NBI clearance application is under routine verification because of a name match. The branch gave me a release date of [date]. I will submit the clearance as soon as it is released.” If the employer’s form asked a direct question about cases or convictions, your answer to that question stands on its own; the hit does not change it. Keep the NBI reference number and official receipt so you can show the application is in process.

Applying from abroad is different: the NBI accepts mailed applications through Philippine embassies and consulates, described on its Applying from Abroad page, and a hit on a mailed application is resolved the same way. OFW-specific documents are covered in the OFW hub.

Can a Hit or a Record Be a Cause for Non-Hiring?

Separate the three things an employer might see.

A hit that is still being verified

A hit is not a record. The accused is presumed innocent until the contrary is proved, and someone who merely shares a name with an accused has no case at all.^[9] An employer that withdraws an offer because an applicant said “I got a hit, I have to come back next week” is acting on no information. The reasonable course is to wait for the released document. An offer letter that makes the clearance a condition, with a date, is the clean way to handle the delay. See when an employer can cancel a job offer after acceptance.

A pending case or a dismissed case

A pending case is an accusation, and a dismissed case is a closed one. Neither is a conviction. Philippine labor law does not list a general right to employment for the private sector, so an employer is not legally compelled to hire an applicant with a pending case; but its refusal has to rest on a policy that is reasonable for the job and applied to everyone. A policy that excludes anyone with a pending estafa case from a cashier role is defensible. A policy that excludes a dismissed traffic case from a warehouse job is hard to justify and, if applied selectively, invites a discrimination or bad-faith complaint.

A conviction

For roles where a statute requires no conviction for a crime involving moral turpitude, such as licensed security professionals under RA 11917, the employer cannot lawfully place the person in that role.^[5] For other roles the decision is the employer’s, within the same reasonableness limit. Nothing in the Labor Code prohibits hiring a person with a served sentence, and many employers do.

The applicant’s strongest protection is honesty. If the application form asks whether you have a pending or past case, answer it. An employer that hires you knowing the facts cannot later dismiss you for the facts it already knew; an employer that discovers a false answer may treat the lie, not the record, as the problem.^[4]

Old Convictions, Probation, Pardon and Juvenile Records

Readers with a record from years ago often expect it to have disappeared. Philippine law has no general expungement procedure for adult convictions, so an old conviction stays in the NBI database and can surface on every clearance. What changes is its legal weight.

Status	Legal effect	Effect on the NBI clearance
Probation completed	Final discharge restores all civil rights lost or suspended by the conviction and discharges any fine; the case is deemed terminated. The probation report and supervision history are privileged.^[12]	The conviction itself is not erased; the record may still appear. Bring the court’s order of final discharge.
Sentence served or parole completed	The penalty is extinguished; the conviction stands.	Record remains; bring the certificate of discharge or release documents.
Pardon or amnesty	Depends on the terms of the grant; a pardon may restore rights without declaring innocence.	Record may remain with an annotation; bring the grant and its terms.
Case as a child in conflict with the law	Records and proceedings are privileged and confidential; a person is not guilty of perjury, concealment or misrepresentation for failing to acknowledge the case in response to any inquiry.^[13]	Should not be disclosed for any purpose outside the law’s exceptions; if it surfaces, ask the court that handled the case for help correcting the record.

For employment, the practical consequence is that a completed probation or served sentence does not by itself disqualify anyone from private work, but the clearance will still reflect the record and an honest answer to a direct question is still required. The juvenile rule is different: RA 9344 expressly protects a person from being treated as having lied by not acknowledging a case they had as a child.^[13]

After You Are Hired: Late Clearances, Lies and Omissions

Once employment begins, the Labor Code applies in full. Three situations recur.

The clearance comes in after hiring and shows a record. The employer cannot simply end the employment. It needs a just cause under Article 297 and the twin-notice procedure under Article 292(b) and DOLE Department Order No. 147-15: a Notice to Explain, a chance to be heard, and a written decision.^[1]^[10] The record by itself is not one of the listed just causes; the question is whether it relates to the work and whether the employee was dishonest about it. See just cause termination under Article 297 and the Notice to Explain guide.

The employee gave false information on the application. Knowingly false statements about a material matter, such as denying a conviction that directly bears on the job, can amount to fraud or serious misconduct, and employers’ codes of conduct commonly list it as a terminable offense.^[1] Due process still applies, and the penalty must fit the infraction.

The employee left something out. This is where Celis v. Bank of Makati matters. The employee did not list a previous bank job on her application; the bank dismissed her for violating a code provision on giving false or misleading information. The Supreme Court held that an omission is not a false statement, that the code provision was therefore not violated, and that the dismissal was illegal.^[4] The lesson for HR: write the question you actually want answered on the form, and treat a silence differently from a lie.

For probationary employees, the employer may require the clearance as a reasonable standard for regularization, but the standard must be made known at the time of engagement under Article 296. A clearance requirement sprung on the employee in month five is not a standard the employee failed.^[1] See probationary standards not given at hiring.

Employer Obligations When Collecting Clearances

Information about any proceeding for an offense committed or alleged to have been committed by a person, the disposal of that proceeding, and any sentence of a court is sensitive personal information under Section 3(l) of the Data Privacy Act. Section 13 prohibits processing it except on listed grounds, which include the data subject’s consent and processing required by law.^[7] For an employer that means:

Tell applicants in writing why the clearance is collected, who sees it and how long it is kept.
Collect it only when the role justifies it, and keep the same rule for all applicants to that role.
Store clearances separately from the general 201 file with restricted access, and dispose of copies from unsuccessful applicants once the decision is made.
Do not share the contents with clients, co-workers or the applicant’s former employer without a lawful basis.

A workable policy clause reads: “An NBI clearance issued within [period] is required for [listed positions]. A hit or pending verification is not a ground for any decision. A record disclosed by the clearance is assessed for its relation to the position, its gravity, the time elapsed and the applicant’s explanation; it does not automatically disqualify except where a law requires a clean record for the position. Clearances are kept under restricted access and disposed of [period] after a hiring decision.”

An applicant whose clearance is mishandled, shared without basis or used on inaccurate data may file a complaint with the National Privacy Commission; see how to file an NPC complaint. The broader rules for employee data are in privacy law in the Philippine workplace and the glossary entry on the Data Privacy Act.

Your Options and What to Do Next

If you are an applicant

Your situation	Remedy or procedure	Where to go and what to bring	First action today
Got a hit, no case ever	Wait for the scheduled return date; attend Quality Control if directed	The same NBI branch; two valid IDs, previous clearance, PSA birth certificate if asked	Tell the employer the release date and ask that the offer stay open until then
Hit from a dismissed case	Have the NBI record updated with the court documents	Clerk of court for a certified order of dismissal and certificate of finality, then the NBI Quality Control Section	Request the certified copies from the court that handled the case
Hit from a pending case	Resolve the case; disclose it honestly if the form asks	Your counsel or the Public Attorney’s Office for the case; the NBI for the clearance	Answer the application form truthfully and ask HR whether the role has a legal bar
Offer withdrawn because of a hit alone	Ask for reconsideration on the released clearance; if the job had started, the Labor Code dismissal rules apply	HR in writing; if you were already working, SEnA at the DOLE field office, then the NLRC Labor Arbiter	Send the released clearance to HR with a short request to revisit the decision
First-time jobseeker	Free clearance once under RA 11261	Barangay hall for the certification and oath of undertaking, then the NBI first-time jobseeker lane	Register at the NBI’s first-time jobseekers portal before visiting the branch

Which office handles which problem

Internal HR first. A written request to reconsider, with the released clearance attached, is the fastest route for an applicant and creates a record for an employee.
SEnA, then the NLRC Labor Arbiter, for a dismissal. Under Article 228 of the Labor Code, as amended by RA 10396, labor and employment issues go through mandatory conciliation-mediation at DOLE first, and the Labor Arbiter takes only cases endorsed from it.^[14] An employee dismissed over a clearance files there, within four years of the dismissal.^[15] See the SEnA filing process.
CBA grievance and voluntary arbitration. A unionized employee whose CBA covers discipline uses the grievance machinery first; unresolved issues may go to voluntary arbitration, arranged through the NCMB, if both sides agree.^[14]
National Privacy Commission for misuse of the clearance itself. Unauthorized sharing or careless handling of the record is a data-privacy complaint, not a labor case.^[7]
The court and the NBI for the record. A wrong or outdated entry is corrected with court documents at NBI Quality Control; a pending case is resolved in the court where it is filed.

An applicant who was never hired has no dismissal case; the realistic remedies are reconsideration by the employer and, for data misuse, the NPC.

If you are the employer

Put the NBI clearance requirement, the acceptable issue date and the submission deadline in the job offer or the probationary contract, so it is a known standard.^[1]
Decide on the released document only. A hit is not information.
Ask the direct question on the form: “Do you have any pending criminal case or past conviction?” A specific question is what makes a false answer a false statement.^[4]
If a record surfaces after hiring, issue a Notice to Explain that names the specific ground, give at least five calendar days, hold a conference if facts are disputed, and decide in writing.^[10] Use the free Notice to Explain generator.
Keep clearances under the Data Privacy Act controls above and apply the same rule to every applicant for the same role.^[7]

Practical Hypotheticals

The common surname. Maria applies as a BPO agent. Her clearance gets a hit because another Maria with the same surname has an estafa case in another province. She returns on the date given, Quality Control confirms the different birthdate and birthplace, and her clearance is released with no record. The employer, which had made the offer conditional on the clearance, proceeds. Nothing in Maria’s history changed; only the verification took a week.

The dismissed case. Ramon was charged with slight physical injuries after a barangay dispute in 2019; the case was dismissed in 2021. His 2026 clearance gets a hit and he is sent to Quality Control. He brings the certified order of dismissal and the certificate of finality, and the NBI updates its record. His application form asked only about convictions, so he was not required to volunteer the dismissed case, although he chooses to mention it. The employer hires him.

The false answer. Lito applies as a collector and answers “No” to “Have you ever been convicted of any offense?” He had a theft conviction in 2017 with the sentence served. The clearance arrives after he starts work and shows the record. The employer cannot dismiss him for the 2017 conviction as such, but it can issue a Notice to Explain for a knowingly false statement on a matter directly related to a collector’s duties, hear him, and decide. If the ground is proven and the procedure followed, the dismissal will likely be upheld as a just cause; if the form had never asked, Celis says the silence alone would not be.^[4]

Frequently Asked Questions

Is an NBI clearance required by law to get a job in the Philippines?

No general labor law requires it. For most private jobs it is an employer policy, which the employer may set as a reasonable hiring standard. Specific laws require a clean record for some licensed roles, such as private security professionals under RA 11917, and the clearance is how that qualification is checked.

What does a “hit” on an NBI clearance mean?

A hit means your name matched or closely resembled a record in the NBI Criminal Database and the application needs manual verification. The NBI’s charter directs hit applicants to return on a scheduled date, and some to a Quality Control interview. A hit is not a finding that you have a case or a conviction.

How long does an NBI hit take to clear?

The NBI’s application guide says applicants with a hit are usually asked to return after five to ten working days, and that no additional payment is required on return. The actual date is the one the branch gives you; branch volume and whether a Quality Control interview is needed can lengthen it.

Does a hit mean I have a criminal record?

No. Most hits come from namesakes. Even where the record is your own, a pending case is an accusation and the accused is presumed innocent under the Constitution; a dismissed or acquitted case is not a conviction. Only the released clearance states what the NBI found.

Can an employer refuse to hire me because of an NBI hit?

An employer that refuses on the hit alone is acting on no information, because the hit has not yet been verified. There is no statute forcing a private employer to hire anyone, but a refusal should rest on the released clearance and on a hiring policy that is reasonable for the job and applied to all applicants. Ask that the offer stay open until the release date.

Can an employer refuse to hire me because of a pending case or a past conviction?

For roles where a law requires no conviction, yes, the employer cannot place you in that role. For other roles the decision is the employer’s within the limits of a reasonable, consistently applied policy. A pending case or a dismissed case is not a conviction, and an employer that hires you knowing the facts cannot later dismiss you for those same facts.

Can I be dismissed if my NBI clearance arrives after hiring and shows a record?

Not automatically. Once you are employed, dismissal needs a just cause under Article 297 of the Labor Code and the twin-notice procedure. The record itself is not a listed just cause. The employer’s question is whether the record relates to your work and whether you gave a false answer about it on the application.

What if I left out a past case or a past job on my application?

In Celis v. Bank of Makati (G.R. No. 250776, June 15, 2022), the Supreme Court held that omitting a previous employer from an application is not the same as giving false information and does not justify dismissal. A knowingly false answer to a direct question is treated differently and can be a just cause, subject to due process and proportionality.

How much does an NBI clearance cost and how long is it valid?

The NBI’s official guide states a basic fee of ₱130 plus an e-payment service charge it describes as usually around ₱25 to ₱30. First-time jobseekers with a barangay certification pay nothing, once, under RA 11261. The NBI’s public pages do not state a validity period; check the dates printed on your clearance and ask the employer how recent it must be.

Can an employer keep my NBI clearance on file or share it?

Criminal proceedings and their disposal are sensitive personal information under the Data Privacy Act. The employer may keep the clearance for the purpose it told you about, with your consent or another lawful basis, but must secure it, limit access and not share it with third parties without a lawful ground. Copies from applicants who were not hired should be disposed of once the decision is made.

Sources and Legal Citations

Statutes and Constitution

[1] Presidential Decree No. 442, Labor Code of the Philippines, Articles 277(b), 281 and 282 (renumbered Articles 292(b), 296 and 297), Lawphil. Supports: just causes including fraud, willful breach of trust and serious misconduct; written notice and opportunity to be heard; probationary standards made known at engagement. Read the renumbered text in the Labor Code Book VI library.

[5] Republic Act No. 11917, The Private Security Services Industry Act, Section 12(e), Lawphil. Supports: no License to Exercise Security Profession for an applicant convicted of any crime or offense involving moral turpitude; penalties for deploying unlicensed personnel.

[7] Republic Act No. 10173, Data Privacy Act of 2012, Sections 3(l) and 13, Lawphil. Supports: proceedings for an offense, their disposal and any court sentence are sensitive personal information; processing of sensitive personal information is prohibited except on the listed grounds.

[8] Republic Act No. 11261, First Time Jobseekers Assistance Act, Lawphil. Supports: fee waiver for pre-employment documents, available once, on presentation of a barangay certification; liability under the Revised Penal Code for fabrication or falsification.

[11] Republic Act No. 10867, National Bureau of Investigation Reorganization and Modernization Act, Section 4(c) and (m), Supreme Court E-Library. Supports: the NBI as national clearing house of criminal records; the clearance and identification center holding criminal, derogatory and civilian identification records.

[12] Presidential Decree No. 968, Probation Law of 1976, Sections 16 and 17, Lawphil. Supports: final discharge restores civil rights and discharges the fine, the case being deemed terminated; the investigation report and supervision history are privileged.

[13] Republic Act No. 9344, Juvenile Justice and Welfare Act of 2006, Section 43, Lawphil. Supports: records of children in conflict with the law are privileged and confidential; no liability for perjury, concealment or misrepresentation for failing to acknowledge the case.

[9] 1987 Constitution of the Philippines, Article III, Section 14(2), Lawphil. Supports: the accused is presumed innocent until the contrary is proved.

Agency Procedure and Rules

[2] National Bureau of Investigation, Citizen’s Charter: NBI Clearance for First Time Job Seekers, nbi.gov.ph. Supports: two valid government IDs; No Hit, With Hit and For Quality Control outcomes; verification against the NBI Criminal Database; interview as per derogatory record; processing times; free clearance for first-time jobseekers.

[3] National Bureau of Investigation, How to Apply for NBI Clearance, nbi.gov.ph. Supports: online application at clearance.nbi.gov.ph; ₱130 basic fee plus e-payment service charge; two valid IDs; five to ten working days for a hit with no extra payment; online renewal with courier delivery; first-time jobseeker portal.

[10] DOLE Department Order No. 147-15, Amending the Implementing Rules and Regulations of Book VI of the Labor Code, Supreme Court E-Library. Supports: twin-notice procedure; at least five calendar days to answer; when a conference is required.

[14] Republic Act No. 10396 (2013), amending Article 228 of the Labor Code, Lawphil. Supports: mandatory conciliation-mediation of labor and employment issues; referral of endorsed cases; voluntary arbitration by agreement.

Supreme Court Decisions

[4] Nancy Claire Pit Celis v. Bank of Makati (A Savings Bank), Inc., G.R. No. 250776, June 15, 2022, Lawphil. Supports: omission of a past job from an application is not a false or misleading statement; dismissal on that ground was illegal; doubts resolved in favor of labor.

[6] Same decision as [4], applied to the distinction between a false answer to a direct question and a failure to volunteer information.

[15] Virgilio Callanta v. Carnation Philippines, Inc., G.R. No. L-70615, October 28, 1986, Lawphil. Supports: an illegal-dismissal complaint prescribes in four years under Article 1146 of the Civil Code.

Sources rechecked as of: October 15, 2026

This guide provides general legal information on Philippine labor law, not legal advice on specific facts. For a pending case or a dispute with an employer, consult a lawyer, the Public Attorney’s Office, or the DOLE or NLRC office handling the matter.