National Bureau of Investigation(NBI)

Hi, would like to know if I have a pending estafa case against me. I received an email from an alleged Credit Investigation Bereau employee advising me of a case filed against me.

January 8, 2024

Dear Krista Joy,

Thank you for your request dated Dec 29, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Pending case filed against me.

We received your request on Dec 29, 2023 and will respond on or before Jan 19, 2024 03:53:51 PM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEE5CSS00MTIyODAxOTY2NzEM, for request with ticket number #NBI-412280196671.

Thank you.


Respectfully, 
FOI Officer

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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4. Information deemed confidential for the protection of the privacy of persons and certain individuals such as minors, victims of crimes, or the accused.

a. information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy, personal information or records, including sensitive personal information, birth records, school records, or medical or health records;

Sensitive personal information as defined under the Data Privacy Act of 2012 refers to personal information:

(2) about an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings.

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7. Records of proceedings or information from proceedings which, pursuant to law or relevant rules and regulations, are treated as confidential or privileged; 

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 is affirmed in the case of Francisco I. Chavez v. Public Estates Authority and Amari Coastal Bay Development Corporation (G.R. No. 133250, 09 July 2002), which declares:

The right to information, however, does not extend to matters recognized as privileged information under the separation of powers. The right does not also apply to information on military and diplomatic secrets, information affecting national security, and information on investigations of crimes by law enforcement agencies before the prosecution of the accused, which courts have long recognized as confidential. The right may also be subject to other limitations that Congress may impose by law.

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.” 

As a matter of policy, this Bureau does not furnish copies of any document gathered during the course of its investigation to any person, unless upon order of the court or request of secretaries and heads of departments. 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 you apply for the renewal of your NBI Clearance at any NBI Satellite Clearance Office near you, in order to ascertain whether you have a criminal record or not.


Atty. RUSTICO Q. VIGILIA
FOI Decision Maker