Introduction

In the Philippine legal system, marriage is governed by the Family Code of the Philippines (Executive Order No. 209, as amended), which outlines the requirements for a valid marriage, including the absence of legal impediments. One lesser-known aspect involves situations where a prior promise to marry may lead to potential civil liabilities, such as claims for damages under the Civil Code. An Affidavit of Promise to Marry is a sworn statement that formalizes an individual's commitment or intent to enter into marriage with another person. This document may be required in specific contexts, such as immigration processes (e.g., fiancé visas), civil disputes, or even as supporting evidence in family law matters.

However, to ensure that such an affidavit is free from any legal encumbrances—particularly if there is a history of a broken engagement that could result in a lawsuit for breach of promise—the applicant may need to obtain a clearance from the Regional Trial Court (RTC). This RTC Clearance certifies that there are no pending civil or criminal cases related to the individual that could impact their capacity to marry or the validity of the affidavit. While not a mandatory requirement for all marriages, it becomes crucial in cases involving potential disputes, foreign spouses, or when authenticity and legal standing are paramount.

This article provides a comprehensive guide on obtaining RTC Clearance specifically for an Affidavit of Promise to Marry, drawing from Philippine legal procedures, court practices, and relevant jurisprudence. It covers the legal foundation, step-by-step process, required documents, potential challenges, and related considerations to equip individuals with the knowledge needed to navigate this process efficiently.

Legal Basis

The concept of a promise to marry stems from Philippine civil law, particularly under Article 19, 20, and 21 of the New Civil Code (Republic Act No. 386). These provisions address abuse of rights and moral damages. While a mere breach of promise to marry is not actionable per se (as established in cases like Baksh v. Court of Appeals, G.R. No. 97336, February 19, 1993), it can give rise to a civil suit if accompanied by deceit, seduction, or other wrongful acts causing damage. For instance, if expenses were incurred for wedding preparations or if there was moral injury, the aggrieved party may file a complaint in the RTC, which has jurisdiction over civil actions where the amount involved exceeds a certain threshold (currently PHP 400,000 outside Metro Manila and PHP 500,000 within, per Republic Act No. 7691).

The Affidavit of Promise to Marry serves as a declarative document, often notarized, affirming the promisor's genuine intent and freedom from impediments. It may be used in:

Applications for marriage licenses under Article 9 of the Family Code.
Immigration proceedings, such as K-1 fiancé visas with the U.S. Embassy or similar processes with other countries.
Pre-marital agreements or as evidence in family court to preempt disputes.

RTC Clearance, formally known as a "Certificate of No Pending Case" or "Court Clearance," is issued pursuant to the court's administrative functions under the Rules of Court and Supreme Court circulars (e.g., A.M. No. 03-8-02-SC on court clearances). It confirms the absence of any ongoing litigation that could constitute a legal impediment to marriage (Article 2 and 3 of the Family Code) or affect the affidavit's enforceability. Failure to obtain this clearance could expose the affidavit to challenges in court, potentially leading to annulment proceedings or damage claims.

What is an Affidavit of Promise to Marry?

An Affidavit of Promise to Marry is a legal document executed under oath before a notary public or authorized officer, wherein one or both parties declare their mutual promise and intent to marry. It typically includes:

Personal details of the affiants (full name, age, residence, civil status).
A statement of the promise, including the approximate date or conditions of the marriage.
Affirmation of no legal impediments (e.g., no existing marriage, no consanguinity).
Signatures and notarization.

This affidavit differs from the Certificate of Legal Capacity to Contract Marriage (required for foreigners under Article 21 of the Family Code) or the Affidavit of Cohabitation (for common-law partners seeking exemption from marriage license under Article 34). It is more akin to a binding declaration that can be invoked in civil actions if breached, potentially leading to claims for actual, moral, or exemplary damages.

What is RTC Clearance?

RTC Clearance is an official certification from the Regional Trial Court attesting that the applicant has no pending cases—civil, criminal, or administrative—within the court's jurisdiction. In the context of an Affidavit of Promise to Marry, it specifically verifies the absence of:

Breach of promise suits.
Related family law cases (e.g., annulment, legal separation).
Any actions that could imply a legal impediment to marriage.

This clearance is jurisdiction-specific, meaning it must be obtained from the RTC covering the applicant's residence or where any potential case might have been filed (e.g., the place of the promise or residence of the other party). It complements other clearances like those from the Municipal Trial Court (MTC), Metropolitan Trial Court (MeTC), or National Bureau of Investigation (NBI).

Why is RTC Clearance Needed for the Affidavit?

Obtaining RTC Clearance ensures the Affidavit of Promise to Marry is executed without hidden liabilities. Key reasons include:

Preventing Legal Disputes: A clearance mitigates risks of future lawsuits by confirming no ongoing claims.
Compliance with Marriage Requirements: Under the Family Code, marriages must be free from impediments; a pending breach case could indirectly affect validity.
Immigration and Visa Purposes: Embassies (e.g., U.S., Canada) often require proof of no legal issues for fiancé visas, where the affidavit is a key document.
Evidentiary Strength: In court, a cleared affidavit holds more weight, avoiding allegations of fraud or bad faith.
Personal Assurance: It provides peace of mind for both parties, especially in high-stakes engagements.

Without it, the affidavit could be contested, leading to delays in marriage proceedings or visa approvals.

Step-by-Step Guide to Obtaining RTC Clearance

The process is administrative and typically straightforward, but it requires in-person visits to the court. Here's a detailed walkthrough:

Determine the Appropriate RTC Branch:
- Identify the RTC with jurisdiction over your residence or the area where the promise was made/relevant events occurred. Use the Supreme Court's directory or consult a local lawyer for confirmation.
- If multiple jurisdictions are involved (e.g., parties from different provinces), clearances from each may be needed.
Prepare Required Documents:
- Valid government-issued ID (e.g., passport, driver's license, UMID).
- Barangay Certification of Residency.
- If applicable, a copy of the draft Affidavit of Promise to Marry.
- Proof of purpose (e.g., visa application letter or marriage license application).
- Recent 2x2 photos (sometimes required for records).
Visit the Office of the Clerk of Court (OCC):
- Go to the OCC during business hours (usually 8:00 AM to 4:00 PM, Monday to Friday, excluding holidays).
- Submit a formal request letter addressed to the Clerk of Court, stating the purpose (e.g., "for Affidavit of Promise to Marry and confirmation of no pending breach of promise cases").
Pay the Necessary Fees:
- Standard fee for RTC Clearance is around PHP 500–1,000, depending on the court and any additional certifications (e.g., for multiple branches).
- Additional costs may include legal research fees (PHP 20–50) or documentary stamps.
Undergo Verification and Processing:
- The OCC will search court records for any cases involving your name.
- This may involve manual or computerized checks; in digitized courts, it's faster.
- If no cases are found, the clearance is drafted and signed by the Clerk of Court or authorized deputy.
Receive the Clearance:
- Collect the original document, which is usually issued on the same day or within 1–3 days.
- Ensure it includes the court seal, signature, and date.
Incorporate into the Affidavit:
- Attach the clearance to the Affidavit of Promise to Marry before notarization.
- Have the affidavit notarized by a licensed notary public, who may charge PHP 200–500.

Requirements and Documentation

Requirement	Description	Notes
Identification	At least two valid IDs	Must show photo and signature; photocopies may be required.
Residency Proof	Barangay or municipal certification	Valid within 6 months.
Request Letter	Written request specifying purpose	Include full details and contact information.
Fees Receipt	Proof of payment	Keep for records.
Supporting Docs	Draft affidavit, visa docs if applicable	Optional but strengthens the application.

Fees and Costs

Clearance Fee: PHP 500–1,000.
Notarization: PHP 200–500.
Miscellaneous: PHP 100–300 for stamps, photocopies, etc.
Total Estimated Cost: PHP 800–2,000. Fees may vary by region; indigent applicants can request waivers under the Rules on Pauper Litigants.

Time Frame

Processing: 1–5 working days, depending on court workload.
Expedited: Possible in urgent cases (e.g., impending visa deadlines) with a motion and additional fees.
Delays: Common in high-volume courts like those in Metro Manila.

Potential Issues and Solutions

Pending Cases Discovered: If a case is found, resolve it first (e.g., settle or dismiss via court). Consult a lawyer for amicable settlement under Article 2028 of the Civil Code.
Jurisdictional Overlaps: Obtain clearances from all relevant courts (e.g., MTC for smaller claims).
Incomplete Records: Courts may require additional affidavits or witnesses if records are unclear.
COVID-19 or Administrative Delays: Some courts offer online applications via email or the Supreme Court's e-court system; check local guidelines.
Fraudulent Claims: Ensure all statements are truthful; perjury is punishable under Article 183 of the Revised Penal Code.
For Foreigners: They may need equivalent clearances from their home country, apostilled under the Apostille Convention (since the Philippines joined in 2019).

If issues arise, engaging a family law attorney is advisable to file motions or appeals.

Conclusion

Securing RTC Clearance for an Affidavit of Promise to Marry is a prudent step in the Philippine legal landscape, ensuring compliance with civil and family laws while safeguarding against potential disputes. By following the outlined procedures, individuals can proceed with their marriage plans confidently, free from unforeseen legal hurdles. This process underscores the importance of transparency and due diligence in personal commitments, aligning with the state's interest in promoting stable family units. For complex cases, professional legal advice is essential to tailor the approach to specific circumstances.