In the Philippine legal system, the formal termination of a criminal, civil, or administrative action is crystallized in an Order of Dismissal. For individuals involved, obtaining a Certified True Copy (CTC) of this document is not merely a formality—it is a critical requirement for clearing one’s record with government agencies like the NBI, PNP, or Bureau of Immigration.
1. Understanding the Document
A Certified True Copy is a reproduction of an original document signed by the Clerk of Court or an authorized court officer, attesting that it is an accurate and complete reflection of the original file kept in the court’s records.
An ordinary photocopy of a dismissal order is generally not accepted for official purposes; only the CTC carries the legal weight necessary to prove the finality of a case.
2. Where to Apply
The request must be filed with the Office of the Clerk of Court (OCC) or the specific Branch of the court that handled the case.
- Municipal/Metropolitan Trial Courts (MTC/MeTC): For lighter offenses or small claims.
- Regional Trial Courts (RTC): For more serious crimes or civil cases involving higher amounts.
- Sandiganbayan/CTA: For graft or tax-related cases, respectively.
Note: If the case is very old (archived), the records may have been transferred to the court’s central archives or the National Archives of the Philippines, which may extend the processing time.
3. Requirements for the Request
To ensure a smooth transaction, the following are typically required:
- Case Information: You must provide the Case Number, the Title of the Case (e.g., People of the Philippines vs. [Name]), and the Branch Number.
- Letter-Request or Request Form: Most courts provide a simple form where you indicate the purpose of the request (e.g., "For NBI Clearance" or "For Employment").
- Valid Identification: A government-issued ID of the party involved.
- Special Power of Attorney (SPA): If you are requesting the document on behalf of someone else, a notarized SPA is mandatory.
4. The Step-by-Step Process
I. Verification of Records
Approach the criminal or civil docket section of the specific branch. Provide the case details to the clerk to verify if the records are still on-site. If you do not have the case number, you may need to request a General Search based on the name of the parties.
II. Assessment and Payment
Once the record is located, the clerk will issue a Payment Slip. You must pay the required fees at the Office of the Clerk of Court - Cashier. Fees typically include:
- Certified Copy Fee: Usually per page.
- Legal Research Fund (LRF): A nominal mandated fee.
- Documentary Stamp Tax (DST): Required for the document to be legally valid.
III. Processing and Signing
Present the official receipt to the clerk. The court staff will then photocopy the original order, stamp it with the "Certified True Copy" seal, and have it signed by the Branch Clerk of Court.
IV. Release
Depending on the court’s workload and the volume of the case file, the release can happen within a few hours or may take a couple of working days.
5. Important Legal Nuances
The "Certificate of Finality"
While a Dismissal Order proves the case was dropped, some agencies specifically require a Certificate of Finality. This document certifies that the period for the opposing party to appeal the dismissal has lapsed, and no motions for reconsideration are pending. It is often best to request both the CTC of the Dismissal and the Certificate of Finality simultaneously.
Case Status: Dismissed vs. Quashed
A dismissal can be "with prejudice" (permanent) or "without prejudice" (can be refiled). Ensure the CTC reflects the exact nature of the dismissal to avoid complications during background checks.
Updating Records (NBI/PNP)
Obtaining the CTC is only the first step. To clear your name from the "hit" list of the National Bureau of Investigation (NBI), you must personally bring the CTC and the Certificate of Finality to the NBI Clearance Center (Quality Control Section) for the manual updating of your record.