Court Clearance in the Philippines
(sometimes called a “Certificate of No Pending Case” or simply “court certificate”)
1. What exactly is a court clearance?
A court clearance is an official certification issued by a specific Philippine court, signed by its Clerk of Court, attesting either (a) that the person named has no pending civil, criminal, or administrative case on that court’s docket, or (b) stating the details/status of any case that does exist. It is therefore jurisdiction-specific: an RTC clearance covers only the Regional Trial Court that issued it, an MTC clearance covers only its Municipal Trial Court, and so on. (Respicio & Co., RESPICIO & CO.)
Typical uses include employment (public or private), overseas work/immigration packages, firearms licensing, adoption proceedings, professional-licensing, bank fiduciary positions, estate settlement, and apostille/red-ribbon requirements for documents bound for use abroad. (National Police Clearance)
2. Legal foundation & policy issuances
| Instrument | Key points |
|---|---|
| Rule 135, §6, Rules of Court | Empowers Clerks of Court to certify court records. |
| Administrative Circular No. 66-08 (SC, 30 Sep 2008) | Prescribes general clearance forms for judiciary officials & employees, including “no pending criminal/administrative case” certifications. (Scribd) |
| OCA Circular No. 360-2023 | Updates the template and list of supporting clearances (Ombudsman, money/property accountabilities, etc.) required before a court employee can be cleared. (Office of the Court Administrator) |
| Local Court Memoranda/Orders | Each Office of the Clerk of Court (OCC) issues its own schedule of fees, list of acceptable IDs, dress code, and cut-off hours. |
Because the power comes from the Rules of Court, any Philippine court – from the Supreme Court down to the lowest MCTC – may issue a clearance so long as the request pertains to its own docket. Specialized courts (Sandiganbayan, CTA, Shari’a Courts) follow the same rule.
3. Types of court clearance
| Court level | Typical label on certificate | Primary coverage |
|---|---|---|
| Supreme Court | “SC Clearance” or “Clearance from the Office of the Clerk of Court En Banc” | Bar matters; retirement/transfer of SC personnel; apostille via DFA. (RESPICIO & CO.) |
| Court of Appeals / Sandiganbayan / Court of Tax Appeals | “General Clearance” | Appellate-level personnel/litigants |
| Regional Trial Court (RTC) | “RTC Clearance” | Serious criminal & high-value civil cases. Most commonly requested by private employers. (Respicio & Co., National Police Clearance) |
| Metropolitan/Municipal/ MCTC | “MTC or MeTC Clearance” | Less-serious offenses, small claims. Often a prerequisite before an RTC clearance is issued in the same city. (RESPICIO & CO.) |
4. Who may request?
Anyone with a legitimate purpose (employment, visa, etc.) may apply for his/her own clearance. Representatives must present a Special Power of Attorney plus valid IDs for both parties. Minors apply through a parent/guardian. Foreign residents may apply provided they show proof of lawful stay (e-visa, ACR I-Card). (RESPICIO & CO.)
5. Documentary requirements (typical RTC list)
- Valid government-issued ID – passport, driver’s licence, PhilSys, PRC card, etc. (RESPICIO & CO.)
- Barangay clearance / Certificate of residency (≤ 6 months old).
- Cedula (Community Tax Certificate).
- Police or NBI clearance – some RTCs ask for this to rule out warrants in other jurisdictions. (TOPNOTCHER PH)
- Two 2 × 2 photographs (recent, white background).
- Filled-in application form (available at the OCC or downloadable online).
- Fees + documentary stamp tax (DST). See Section 6 below.
6. Fees (2025 typical ranges)
| Item | Range (PHP) |
|---|---|
| Basic clearance fee | 50 – 200 (RTC); 30 – 100 (MTC) (Respicio & Co., National Police Clearance) |
| Certification fee (if separate) | 50 |
| Documentary stamp | 30 – 40 |
| Expedite / multiple-name verification | 50 – 150 (only if requested) |
Some courts publish the schedule on a bulletin board or Facebook page; call ahead to avoid surprises.
7. Step-by-step walk-in procedure
- Identify the correct court. Use the Supreme Court’s online court locator or call the Hall of Justice.
- Proceed to the OCC Clearance/Records window (bring valid ID for guard inspection).
- Secure and accomplish application form – write full legal name and any aliases.
- Pay the fees at the Cashier; keep the official receipt.
- Submit requirements (IDs, barangay clearance, OR, photos). The clerk runs a name-search on the judiciary’s eCourt / JIS database and the manual docket.
- Wait for verification. Simple “no record” hits are usually printed within 15–30 minutes; names with “hits” or homonyms may require manual checking and can take 1–3 days. (Respicio & Co., TOPNOTCHER PH)
- Release & signature. The certificate is embossed or dry-sealed and signed by the Clerk of Court/OIC. Inspect for typos before leaving.
8. Online or appointment systems
A handful of pilot courts already accept online appointment-booking (not online issuance) via portals such as policeclearanceph.ph and e-Court, letting you choose a date, upload IDs, and pre-pay DST; you still appear in person for biometric & release. (National Police Clearance)
9. Validity period
Philippine courts do not stamp an expiry date on the certificate; the receiving agency sets the shelf-life. The most common practice is 3 months (90 days), but some LGUs accept up to 6 months, and Quezon City’s HRMD accepts only 1 month-old clearances. (National Police Clearance)
10. Using the clearance abroad
- For foreign embassies or employers, the clearance must be apostilled at the DFA.
- If the destination country still requires “red-ribbon,” present the original plus a photocopy to the Regional Consular Office; processing takes 3–5 working days.
- Always ask the OCC to affix the raised dry seal; DFA rejects plain-paper copies.
11. Special situations & troubleshooting
| Scenario | Remedy |
|---|---|
| Your name appears in an old/dismissed case | Ask the clerk for a certified true copy of the dismissal order; attach it to your clearance or file a Manifestation for Annotation so future clearances show “case dismissed.” |
| Homonym hit (same name as someone with a case) | Provide extra IDs (birth cert, middle name proof); clerk will annotate “Not the same person as accused in Crim. Case #--.” |
| Pending case exists | Clearance will either be denied or issued with a remark (“With one (1) pending Crim. Case No. …”). Address the case first (motion to quash, settlement, etc.). |
| Request by representative | SPA + photocopies of both IDs; some courts ask for Affidavit of Undertaking. |
| Corporate / juridical entities | Board Resolution naming the requesting officer + SEC proof of authority. |
12. Court vs. NBI vs. Police clearance (quick comparison)
| Feature | Court Clearance | NBI Clearance | Police Clearance |
|---|---|---|---|
| Coverage | Single court’s docket | Nationwide courts & prosecutor records | City/municipal blotter & warrants |
| Fastest processing | 15 min (if no hit) | 30 min – 1 day | 15 min |
| Common purpose | High-trust jobs, visas, civil actions | Work abroad, immigration, firearm licence | Local employment, business permits |
| Validity (usual) | 3–6 mo. | 6 mo. | 6 mo. |
13. Practical tips
- Arrive early (courts open 8:00 a.m.; queues start 7:30).
- Observe business attire; slippers/shorts may be denied entry.
- Bring extra cash for photocopies and DST.
- Check spelling of your middle name – most errors happen here.
- If you’ll need multiple clearances (RTC + MTC + NBI), get the barangay & police clearances first; many RTCs require them.
14. Frequently-asked questions
| Q | A |
|---|---|
| Can I request one certificate that covers all Philippine courts? | No. The closest is an NBI Clearance, which screens nationwide. For absolute certainty some employers ask for every local court where you lived/worked plus NBI. |
| Is it free for indigents? | Courts have no uniform indigency waiver. Some judges waive fees for pauper litigants upon motion; bring your DSWD Certificate of Indigency. |
| How long are clerks allowed to keep my data? | Under the Data Privacy Act the OCC must store personal data only “for as long as necessary” and secure it against outside access; most destroy forms after six months. |
| May I refuse if an employer demands a court clearance? | Private employers can require any reasonable background check; refusing may affect your application but is legal. Government positions often make it mandatory under CSC rules. |
Key take-aways
- Know your jurisdiction. A court clearance is local; get one for each place you’ve lived or worked if the requesting agency insists.
- Prepare documents in advance – valid ID, barangay & police clearances, cedula, photos, cash.
- Expect half-day processing for a straightforward “no record” result, longer if there is any “hit.”
- For overseas use, apostille the certificate at DFA after securing the raised seal.
- Always verify latest fees and cut-off times with the specific OCC before your visit; Philippine courts publish their own house rules. (Respicio & Co., National Police Clearance, TOPNOTCHER PH)
This guide synthesizes publicly available issuances and on-the-ground procedures as of May 25 2025. Always double-check with the local Office of the Clerk of Court or the Supreme Court’s website for updates before applying.