NBI clerance

[Hershey888 5]

Please help!!!

My fiance is trying to renew his NBI clearance but afraid he might have a case since he left the PHilippines 3 years ago. Some told him he has a warrant of arrest for estafa..

I already filed K1 petition and its now in initial review..

Please help. Am desperate!

Thank u

[Kathryn41 3,205]

Post has been moved from K-1 to the Philippines Regional forum as a more appropriate location for this discussion

[Hank_ 9,174]

Well the only way to know is for your fiance to request a new NBI and see what is on it. THEN you can deal with whatever, if there is a whatever on it.

[Tahoma 2,292]

What is the basis for his estafa case? Is it a criminal case or a civil case? If there is a warrant out for his arrest, it must be a criminal case.

I'm guessing if there is a hold departure order that it would be reflected on his NBI report, but I don't know for sure. However, it's not possible to have a hold departure order unless a criminal case has been filed and a court order has been issued. I also don't know how it would affect his visa approval but I doubt if he would be issued a visa if he has an unresolved criminal case. He should get his NBI report and see what it says. That might be a good starting point.

BI link

CIRCULAR NO. 39-97

TO : ALL JUDGES

SUBJECT : GUIDELINES IN THE ISSUANCE OF HOLD-DEPARTURE ORDERS.

In order to avoid the indiscriminate issuance of Hold-Departure Orders resulting in inconvenience to the parties affected, the same being tantamount to an infringement on the right and liberty of an individual to travel and to ensure that the Hold-Departure Orders which are issued contain complete and accurate information, the following guidelines are hereby promulgated:

Hold-Departure Orders shall be issued only in criminal cases within the exclusive jurisdiction of the Regional Trial Courts;

The Regional Trial Courts issuing the Hold-Departure Order shall furnish the Department of Foreign Affairs [DFA] and the Bureau of Immigration [bI] of the Department of Justice with a copy each of the Hold-Departure Order issued within twenty-four (24) hours from the time of issuance and through the fastest available means of transmittal;

The Hold-Departure Order shall contain the following information:

A. The complete name (including the middle name), the date and place of birth and the place of last residence of the person against whom a Hold-Departure Order has been issued or whose departure from the country has been enjoined;

B. The complete title and the docket number of the case in which the Hold-Departure Order was issued;

C.The specific nature of the case; and

D. The date of the Hold-Departure Order.

If available, a recent photograph of the person against whom a Hold-Departure Order has been issued or whose departure from the country has been enjoined should also be included.

Whenever [a] the accused has been acquitted; or the case has been dismissed, the judgment of acquittal or the order of dismissal shall include therein the cancellation of the Hold-Departure Order issued. The Court concerned shall furnish the Department of Foreign Affairs and the Bureau of Immigration with a copy each of the judgment of acquittal promulgated or the order of dismissal issued within twenty-four [24] hours from the time of promulgation/issuance and likewise through the fastest available means of transmittal.

All Regional Trial Courts which have furnished the Department of Foreign Affairs with their respective lists of active Hold-Departure Orders included in the said lists and inform the government agencies concerned of the status of the Orders involved. This Circular revokes Circular No. 38-94 dated 6 June 1994 and Circular No. 62-96 dated 9 September 1996, takes effect immediately and shall remain in force until further orders. For strict compliance. [sgd.] ALFREDO L. BENIPAYO Court Administrator

[Hershey888 5]

He had a business before it went down. He had a bounce check. After his business went down, he was able to go abroad and work but unfortunately its not a high paying job. Its been almost 3 yrs since he was out of the country.

He doesnt have any idea if it was filed or not? But someone saw his name in RTC. , they tried to serve the summons but he was already out of the country. And 2 years ago the person who allegedly filed the case died. We tried to trace ihis case but they want to know the case number, the atty all those info which we dont have..

My scared

[apple21 953]

Get an NBI clearance first. If something comes up, I'm pretty sure they can trace the case file, otherwise, what are they for?

[Hank_ 9,174]

Exactly~