Certified True Copy of Annulment Decision Guide

Certified True Copy of an Annulment Decision in the Philippines

A comprehensive practitioner-style guide

Disclaimer: This article is for general information only and does not constitute legal advice. Court processes and fees change; always verify the latest rules with the issuing court.


1. What is a “Certified True Copy” (CTC)?

A certified true copy is a reproduction of a court document that the issuing clerk of court attests to be faithful to the original in the case record.

  • Key features

    • Blue “CERTIFIED TRUE COPY” rubber stamp or printed header on every page.
    • Signature and printed name of the Clerk of Court (or an authorized deputy) plus the dry seal of the court.
    • Either a separate certificate page or a marginal notation stating the number of pages certified and the date.
  • Evidentiary value: Under Rule 132, §25–27, Rules of Court, a CTC is prima facie evidence of the document’s authenticity and dispenses with the need to bring the entire expediente to another tribunal or agency.


2. Legal Basis for Requiring a CTC of an Annulment Decision

Authority Key Provision Relevance
Family Code Art. 45 & 47 Grounds, effects, and registration of annulment Court must send a certified copy of the decision and finality to the Local Civil Registrar (LCR) for annotation.
Rule 36, Rules of Court Entry of judgment; issuance of certificate of finality Finality is proven only by certified copies signed by the clerk.
Rule 132, Rules of Court Authentication of official records Allows introduction of the CTC in any court or agency.
OCA Circ. 113-2019 (revised fees) Certification & copy fees, LRF, etc. Governs how much the clerk may charge.
Administrative Circulars 04-94, 3-2017, etc. Archive retrieval, issuance in bulk Provide procedural guidance when records are archived.

3. When is a CTC Issued?

  1. After the decision has become final and executory Ordinarily 15 days from notice if no appeal or MR is filed.
  2. Upon issuance of the Certificate of Finality & Entry of Judgment by the Clerk of Court.
  3. Any time thereafter (even years later) so long as the record is available; archived files just take longer.

4. Where to Request

Scenario Office to Approach
Decision rendered by a Regional Trial Court (RTC) Office of the Clerk of Court (OCC) of that RTC; branch clerk prepares the copy.
Decision affirmed or modified by the Court of Appeals (CA) CA Division Clerk of Court for the decision; RTC still issues the original decision.
Decision rendered/affirmed by the Supreme Court (SC) SC Judicial Records Office for the SC portion; underlying RTC copy still from the OCC.
Record already transferred to the Judicial Records Archives Office (JRAO) in Malolos File a retrieval request (additional fee, ∼₱300).

5. Who May Request

  • Parties to the case (petitioner, respondent)
  • Counsel of record (with updated IBP receipt and PTR)
  • Authorized representative (with notarized Special Power of Attorney)
  • Third party with legitimate interest (e.g., fiancé/fiancée for marriage license, employer for benefits) — may be required to file a verified written explanation.

6. Documentary Requirements

  1. Letter-request / Requisition Form stating:

    • case title, docket number, branch, date of decision;
    • purpose (“for PSA annotation,” “for remarriage license,” etc.).
  2. Valid government ID of requester.

  3. Special Power of Attorney (SPA) if not a party or counsel.

  4. Official Receipt showing payment of fees.

  5. (If archived) Retrieval Order issued by the clerk.


7. Fees (as of OCA Circular 113-2019)

Item Typical Rate* Notes
Certification Fee ₱100 per document fixed
Copying Fee ₱10 – ₱20 per page NCR courts often charge ₱20
Legal Research Fund (LRF) 10% of docket or certification fees auto-computed
Archive Retrieval ₱300 flat only if archived
Documentary Stamp Tax ₱30 per CTC affixed on certificate page

*Courts may adjust; provincial rates can vary.


8. Step-by-Step Procedure (RTC level)

  1. Prepare: List case details and bring valid ID/SPA.
  2. Proceed to the OCC (or branch if directed) during office hours.
  3. Fill out the request form and indicate number of copies.
  4. Pay fees at the Cashier; keep the OR.
  5. Clerk locates the expediente; if archived, wait for retrieval (1 – 2 weeks).
  6. Clerk photocopies, stamps, signs, and seals the pages and certificate.
  7. Release & logbook signing; verify all pages are stamped and signed.
  8. Optional: Have the CTC red-ribboned/apostilled by DFA for use abroad (bring the CTC and Entry of Judgment).

Turnaround time: Same record room – 30 min to 3 hours (light docket). Archived cases – 7 – 15 working days plus shipping if requested by mail.


9. After You Get the CTC: What Next?

Purpose Additional Documents Usually Needed Where to File/Submit
Annotation of marriage record (a) CTC of Decision; (b) CTC of Decree of Annulment/Nullity; (c) Certificate of Finality; (d) Entry of Judgment Local Civil Registrar of the place where the marriage was recorded; then PSA.
Application for remarriage (a) CTC of Decision & Finality; (b) annotated PSA Marriage Certificate showing “cancelled” LCR/City/Municipal Civil Registrar issuing marriage license.
Visa or immigration Apostilled CTCs & annotated PSA docs Embassy/consulate or immigration authority.
Property division / liquidation CTC plus inventory documents Register of Deeds, BIR, courts in subsequent cases.

10. Frequently Asked Questions (FAQs)

  1. Decision vs. Decree The “Decision” contains the court’s findings and disposition. The “Decree of Annulment” (issued under A.M. No. 02-11-11-SC) is a one-page extract formally declaring the marriage annulled. Most agencies require both.

  2. Is the Certificate of Finality different from the Entry of Judgment? Yes. The Certificate of Finality states that the decision became final on a given date. The Entry of Judgment records that fact in the book of entries. Many clerks staple them together.

  3. Can I request a CTC before the 15-day appeal period lapses? The clerk may issue a plain photocopy but not a certified copy until finality, unless ordered by the court (e.g., for an urgent appeal).

  4. Does the PSA automatically annotate after finality? No. The party must deliver the certified copies to the LCR within 30 days (Family Code Art. 52); the LCR forwards to PSA for microfilming.

  5. Can I ask any RTC to certify? Certification authority is exclusive to the court that has custody of the expediente. A CTC issued by another office is void.


11. Practical Tips & Pitfalls

  • Know your docket number – it speeds up retrieval.
  • Order extra sets up front; going back costs more.
  • Check the seals; embassies reject smudged stamps.
  • Bring small bills—court cashiers sometimes run out of change.
  • Avoid “rush” fixers; certification takes a specific workflow that casual intermediaries often disrupt.
  • Archive cases: call ahead; some courts have off-site warehouses.
  • Digital copies: courts do not email CTCs; you must pick up or authorize a courier.

12. Sample Letter-Request (template)

Sir/Madam:

Please issue me THREE (3) Certified True Copies of the Decision dated 12 March 2023 and the Certificate of Finality dated 20 April 2023 in Civil Case No. R-12345, “Juan Dela Cruz vs. Maria Santos,” Branch 24, RTC Manila. The copies will be used for PSA annotation and remarriage license.

Attached are:  
1. Photocopy of my government ID;  
2. Official Receipt of payment; and  
3. Special Power of Attorney (for my representative), if applicable.

Respectfully,

[signature]
JUAN DELA CRUZ
Petitioner

13. Timeline Cheatsheet

Event Typical Date
Promulgation of Decision Day 0
End of 15-day appeal period Day 15 (or longer if MR)
Certificate of Finality issued Day 16+
Entry of Judgment prepared Same day as finality issuance
CTC obtainable Immediately after Entry of Judgment
LCR annotation deadline Within 30 days of receipt of CTCs

14. Key Takeaways

  • No CTC, no annotation—your civil status remains “married” in PSA records until proper certified documents are registered.
  • Always secure Decision + Decree + Finality/Entry of Judgment together.
  • Certification is exclusive to the issuing court; plan retrieval time, especially for older cases.
  • Keep multiple sets; many overseas processes require originals.
  • Court fees are modest; avoid fixers and insist on official receipts.

For unique circumstances—such as lost records, pending archiving, or foreign recognition of Philippine annulments—consult a lawyer or the clerk of court for bespoke guidance.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.