Aired (July 5, 2024): Isang guwardiya, arestado matapos kumukha ng police clearance sa Maynila pero may kaso pala sa Isabela! Ano ba ang sinasabi ng batas tungkol dito?
Alamin ‘yan kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion.
Alamin ‘yan kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion.
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FunTranscript
00:00Always ready for answers to questions about the law.
00:03Here is our Lawyer of the Hour, Atty. Gabby Concepcion.
00:06Atty., good morning.
00:09Good morning to you too, Ivan.
00:10I'm sure you've experienced getting a police clearance for your work.
00:16But be careful, okay?
00:17You might end up like an arrested guard after getting a police clearance in Manila.
00:23But he has a case in Isabela.
00:27In the records of the PNP, he has a warrant of arrest in Isabela
00:32because of the violation of Republic Act 10591
00:36or the Comprehensive Law on Firearms and Ammunition.
00:40Wow, a lot of people are getting a police clearance.
00:44What does the law say about this?
00:47Well, ask me, ask Atty. Gabby.
00:49Hot topic right now are the clearances.
00:52The question is, Atty.,
00:54where can you get a police or NBI clearance
00:58even if you don't belong to that place?
01:01What if you just have a case under your name?
01:05Well, those clearances are really a hot topic,
01:08especially since a lot of people will graduate this graduation season
01:12looking for jobs.
01:14Actually, because of the wonders of technology,
01:17you can apply online for a police and NBI clearance.
01:21That means, even if you're here in Manila,
01:24in the province, or even abroad,
01:26you can apply for the issuance of those clearances.
01:30The only problem is, if you're a first-time applicant,
01:33you might not be able to apply for the NBI clearance.
01:37But if you're a first-time applicant,
01:39you might be able to apply for the NBI clearance.
01:43If you're a first-time applicant,
01:45you need to show up at the nearest clearance center
01:48to get your biometrics,
01:50your fingerprints, for example.
01:52You might run for mayor.
01:54You just need to know if you're really the one
01:56or you're just an imposter.
01:58If you have a name in the NBI clearance,
02:01there's a so-called HIT
02:03because you have a name involved in a criminal case.
02:07The NBI, NBI, or PNP will really investigate
02:11if it's a person or not.
02:13They're usually able to determine
02:15if it's just a name or not.
02:17But if it's you, you might be interviewed
02:19and you'll do other things
02:21to investigate some more.
02:23If you're really involved
02:25and there's an ongoing case
02:27or you're convicted,
02:29just say sorry and you won't be cleared
02:31and they'll put this information
02:33in the document that they'll release.
02:35And because of that,
02:37in the National Police Clearance,
02:39and not just the local police,
02:41a lot of people are arrested on the spot
02:43because it shows
02:45if you have outstanding warrant of arrest
02:47in other places.
02:49But just a tip,
02:51because we have Republic Act No. 11261
02:53or the First-Time Jobseekers Assistance Act,
02:57it's free to get an NBI clearance
02:59or police clearance from the PNP or NBI
03:01if you're a first-time jobseeker.
03:03But you need to get a barangay clearance
03:05to prove that this is your first time.
03:07The Certificate of Eligibility
03:09from the Civil Service Commission
03:11is also free
03:13if you're going to apply for a job in the government.
03:15One more question,
03:17what are the penalties
03:19for NBI or police clearance
03:21or other identities
03:23used in getting this?
03:25Of course,
03:27NBI or police clearance
03:29is a violation of Article 172
03:31of the Revised Penal Code
03:33and this crime is
03:36by a private individual
03:38of public or official documents.
03:40This person is imprisoned
03:42for up to 6 years and fined
03:44of not more than Php 1,000,000.
03:46And the use of falsified official documents
03:48with intent to cause damage
03:50is also prohibited
03:52under this article.
03:54Of course, if you use a fake document
03:56to get a job,
03:58oh no,
04:00if you're found guilty,
04:02you might lose your job
04:05so just don't do it
04:07and you'll have a record
04:09with the NBI or police.
04:11So that's it.
04:13Remember, we'll make it clear
04:15when we talk about the law.
04:17For peace of mind,
04:19don't think twice.
04:21Ask me, ask Atty. Gabby.