If your NBI Clearance application resulted in a “Hit” because you share a name with someone who has a criminal record, the NBI officer might ask you to submit an “Affidavit of Denial.”
This can sound like a complicated and stressful legal document, but don’t worry. It’s a standard and straightforward tool used to help you formally and legally clear your name. This guide will explain in simple terms what it is, when you need it, and exactly how to get one.
What is an Affidavit of Denial in Simple Terms?
An Affidavit of Denial is a sworn legal statement where you, under oath, formally declare that you are not the same person as the individual with a criminal record who shares your name (your “namesake”).
Essentially, you are putting in writing and legally attesting: “That person in your records is not me.”
This document is then presented to the NBI. It serves as your formal statement to help them in their verification process, allowing them to confidently distinguish you from the other individual in their database.
When Exactly Do You Need It for Your NBI Clearance?
This is the most important rule: Do not get an Affidavit of Denial unless the NBI specifically instructs you to.
You will only need this document if the NBI officer explicitly requires it. This typically happens in more complex “Hit” cases, such as when:
- Your namesake has a serious or unresolved criminal case.
- Your personal details (like your birth year) are unusually similar to your namesake’s, requiring a formal denial to separate the records.
For most common “Hits,” a simple verbal verification by the NBI officer is enough. Wasting time and money on an affidavit you don’t need is not necessary.
How to Get an Affidavit of Denial: A Step-by-Step Guide
If the NBI has asked you to provide one, here are the simple steps to get it:
Step 1: Go to a Notary Public
- A Notary Public is a lawyer who is legally authorized to witness and certify documents. You can easily find them in law offices, often located near city halls or major government buildings.
Step 2: State Your Purpose
- Tell the lawyer, “I need an Affidavit of Denial for my NBI Clearance application.” They are very familiar with this request and will know exactly what to do.
Step 3: Provide Your Details and ID
- You will need to provide your full name, address, and other personal details.
- You must present at least one (1) original valid government-issued ID (like your Passport, UMID, or Driver’s License) to prove your identity.
Step 4: The Lawyer Will Draft the Document
- The notary public will type up the affidavit for you with the correct legal wording.
Step 5: Sign the Document in Front of the Notary
- You must sign the affidavit in the presence of the notary public. They are legally witnessing that you are the one signing it.
Step 6: Pay the Notarial Fee
- There is a fee for this service, which typically ranges from
₱100to₱300, depending on the lawyer. The document will then be stamped and signed by the notary, making it official.
Sample Affidavit of Denial for NBI Clearance
Below is a sample template to give you an idea of what the document looks like. Your notary public will prepare the official version for you.
Frequently Asked Questions (FAQ)
It is a mandatory step if requested, but the final release is still subject to the NBI’s complete internal verification. However, it is the key document that allows them to proceed with clearing your name.
You must submit the original, notarized affidavit to the NBI personnel at the branch where you applied, as they instructed you.
Conclusion
An Affidavit of Denial is a powerful tool to resolve a serious namesake issue with the NBI. While it is not needed for every “Hit,” understanding what it is and how to get one prepares you for this potential step. Always follow the specific instructions given to you by the NBI personnel to ensure a smooth resolution.
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