In the Philippine legal system, the term "Fiscal Clearance" is often used colloquially to refer to a Prosecutor’s Clearance. This document certifies that an individual has no pending criminal complaints, preliminary investigations, or active cases undergoing prosecution within a specific jurisdiction.
Historically, public prosecutors in the Philippines were called "Fiscals," a term that persists in legal and administrative circles today. Understanding how to secure this clearance is essential for various professional, legal, and regulatory milestones.
I. Purpose of a Fiscal Clearance
A Fiscal Clearance is distinct from an NBI or Police Clearance. While those cover court records and police blotters, the Fiscal Clearance specifically monitors the "Prosecutorial Stage"—the period between a police report and a formal court trial.
It is typically required for:
- License to Own and Possess Firearms (LTOPF): A mandatory requirement by the PNP Firearms and Explosives Office.
- Government Employment: Especially for sensitive positions in the judiciary or law enforcement.
- Promotion in Uniformed Services: Required for members of the AFP, PNP, and BJMP.
- Local and International Travel: Occasionally requested for certain visa categories or by the Bureau of Immigration.
- Naturalization: For foreign nationals seeking Filipino citizenship.
II. Where to Secure It
Unlike a National Police Clearance, a Fiscal Clearance is territorial. You must secure it from the Office of the City Prosecutor or the Office of the Provincial Prosecutor that has jurisdiction over your place of residence or where the requesting agency requires the check.
- For City Residents: Visit the Hall of Justice of your specific city (e.g., Quezon City Hall of Justice).
- For Province Residents: Visit the Provincial Capitol's Office of the Provincial Prosecutor.
III. Documentary Requirements
While specific requirements may vary slightly between local government units, the following are standard across the National Prosecution Service:
- Valid Government-Issued IDs: (Original and Photocopy) e.g., Passport, Driver’s License, UMID, or Voter’s ID.
- Recent 2x2 ID Pictures: Usually two (2) copies with a white background and a visible nametag.
- Barangay Clearance: A current clearance from your actual place of residence.
- Police Clearance: Many prosecutor offices require a local police clearance as a prerequisite.
- Community Tax Certificate (Cedula): For the current calendar year.
- Accomplished Application Form: Available at the Prosecutor’s Office.
IV. Step-by-Step Procedure
| Step | Phase | Action to Take |
|---|---|---|
| 1 | Inquiry & Form | Go to the Office of the City/Provincial Prosecutor. Secure an application form and a payment slip from the receiving clerk. |
| 2 | Payment | Pay the processing fee at the designated Cashier or the Office of the Clerk of Court. Fees typically range from ₱100 to ₱300. |
| 3 | Submission | Submit the filled-out form, official receipt, and documentary requirements to the processing window. |
| 4 | Data Verification | The staff will check the National Prosecution Service (NPS) Case Management System for any "hits" or pending investigations. |
| 5 | Issuance | If no record is found, the clearance is usually issued within one to three working days, depending on the office's volume. |
V. Handling a "Hit" or Pending Case
If the verification process returns a "hit" (an active or resolved case), you cannot be issued a "Clean" clearance immediately.
- For Active Cases: The clearance will reflect the status of the pending investigation.
- For Resolved Cases: If the case was dismissed but still appears in the system, you must provide a Certified True Copy of the Resolution of Dismissal or a Certificate of Finality from the handling prosecutor or court to update the records and secure a clear certificate.
VI. Important Note: "Fiscal" vs. "Tax" Clearance
In some business contexts, "Fiscal Clearance" may be confused with a Tax Clearance issued by the Bureau of Internal Revenue (BIR).
- Prosecutor’s Clearance: Deals with criminal complaints (The focus of this article).
- BIR Tax Clearance: Deals with tax liabilities and compliance. If your requirement is for "bidding" or "business permits," you likely need the BIR version.
Validity: Most Fiscal Clearances are valid for six (6) months from the date of issuance.
Would you like me to draft a specific checklist for a different type of legal clearance, such as an RTC (Regional Trial Court) or MTC (Metropolitan Trial Court) clearance?