In the Philippine legal system, a case dismissal signifies the termination of litigation without a full trial on the merits or as a result of a judgment that does not lead to a conviction or liability. For an individual, obtaining a Certified True Copy (CTC) of the Order of Dismissal or a Certificate of Finality is essential for clearing one's name, updating records with government agencies (like the NBI or PNP), or for employment and travel purposes.
1. Understanding the Key Documents
Before proceeding to the courthouse, it is vital to distinguish between the two documents often requested:
- Order of Dismissal: The specific court order signed by the Judge stating that the case has been dismissed, often citing the grounds (e.g., lack of probable cause, desistance, or failure to prosecute).
- Certificate of Finality: A document issued by the Clerk of Court certifying that the period for filing a Motion for Reconsideration or an Appeal has lapsed, and the dismissal is now "final and executory."
2. Pre-requisites for the Request
To ensure a smooth process, the following information must be ready:
- Case Details: The exact Case Number (e.g., Criminal Case No. 12345), the specific Branch of the Court (e.g., RTC Branch 10, Manila), and the Title of the Case (People of the Philippines vs. [Name]).
- Identification: At least one valid government-issued ID.
- Authorization: If you are not a party to the case, a Special Power of Attorney (SPA) from the concerned individual is required.
3. Step-by-Step Procedure
Step 1: Locate the Correct Court
Files are kept in the specific court branch where the case was heard. If the case is old (usually over 5–10 years), the records might have been transferred to the Office of the Clerk of Court (OCC) or the archives.
Step 2: Formal Request
Approach the Criminal or Civil Records Section of the specific branch. You will typically be asked to fill out a Request Slip. Clearly state that you are requesting a Certified True Copy of the Order of Dismissal.
Step 3: Assessment of Fees
The Clerk will assess the legal fees. Under the Rules of Court, fees usually include:
- A fixed fee per page of the document.
- A fee for the certification itself.
- The cost of the Legal Research Fee (LRF).
- The cost of the Documentary Stamp Tax (DST), which must be affixed to the document to make it legally valid for official use.
Step 4: Payment
Pay the assessed amount at the Office of the Clerk of Court Cashier. Ensure you keep the Official Receipt (OR), as you will need to present this to claim the document.
Step 5: Processing and Verification
The Clerk will retrieve the original case folder (expediente), photocopy the order, and compare it against the original. The branch Clerk of Court or the authorized signatory will then sign the certification.
Step 6: Issuance
Return on the designated date (which can range from a few hours to several days depending on the volume of records) to pick up the certified copy. Ensure the document bears the dry seal of the court.
4. Special Considerations
| Situation | Action Required |
|---|---|
| Archived Cases | If the case was "Archived" but not dismissed, you must first file a motion to revive and then move for dismissal if grounds exist. |
| NBI/PNP Clearance | If the purpose is to clear a "hit" on a criminal record, the NBI specifically requires the Certificate of Finality in addition to the Order of Dismissal. |
| Lost Case Numbers | If the case number is unknown, you may request a "Record Check" at the Office of the Clerk of Court of the city where the case was filed, though this may require a separate fee. |
5. Important Legal Note
A "Certified True Copy" is legally distinct from a simple photocopy. For a document to be accepted by the NBI, DFA, or Bureau of Immigration, it must be certified by the custodian of records of the issuing court. Simple photocopies hold no evidentiary weight in administrative clearing processes.