In the Philippine legal system, a Dismissal Order is a judicial decree that terminates a case without a full trial on the merits or as a result of a successful motion to dismiss. Whether a case was dismissed due to a lack of interest (prosecution), a successful demurrer to evidence, or a compromise agreement, obtaining a Certified True Copy (CTC) of this order is a critical final step for any litigant.
A CTC serves as official proof that the litigation has concluded, which is often required for clearing records with the NBI, the PNP, or for administrative and commercial transactions.
1. Where to File the Request
The request must be made at the specific court that issued the dismissal. Unlike general civil registry documents, court records are decentralized.
- Active or Recently Decided Cases: Go directly to the Branch Clerk of Court of the specific branch (e.g., RTC Branch 14 or MeTC Branch 2) where the case was handled.
- Archived or Old Cases: If the case was dismissed years ago, the records may have been bundled and sent to the Office of the Clerk of Court (OCC) of the respective judicial station for archiving.
2. Essential Requirements
Before heading to the courthouse, ensure you have the following information and documents ready:
- Case Details: You must provide the Case Title (e.g., People vs. Juan Dela Cruz) and the Case Number (e.g., Criminal Case No. 12345).
- Valid Identification: A government-issued ID is required.
- Letter of Request: While some courts provide a printed form, it is best practice to bring a formal letter addressed to the Branch Clerk of Court requesting the CTC and stating the purpose (e.g., "for NBI clearance" or "for record purposes").
- Special Power of Attorney (SPA): If you are not a party to the case (the Plaintiff or Defendant) or the counsel of record, you must present a notarized SPA from the concerned party authorizing you to secure the document.
3. The Step-by-Step Procedure
Step 1: Verification of Records
Approach the criminal or civil docket clerk of the branch. They will verify if the records are still in their possession. If the record is found, they will locate the specific Order of Dismissal within the "expediente" (case folder).
Step 2: Assessment of Fees
The Clerk will compute the fees based on the Rule 141 of the Rules of Court (Legal Fees). Generally, you will be charged:
- A fixed fee per page (usually P5.00 to P10.00 per page).
- A certification fee (usually P30.00 to P100.00).
- Judicial Affidavit Fund (JAF) or legal research fees.
Step 3: Payment
Payments are typically made at the Office of the Clerk of Court (OCC) Cashier or the designated LandBank branch for that court station. Never pay the branch staff directly without an Official Receipt (OR).
Step 4: Stamping and Signing
Return to the Branch Clerk with your Official Receipt. The staff will photocopy the original order and apply the "Certified True Copy" stamp, which includes the date, the signature of the Clerk of Court, and the court’s official seal.
4. Why the "Certified" Status Matters
Under the Philippine Rules of Evidence, a mere photocopy of a court order is considered hearsay and is generally inadmissible in other proceedings. A Certified True Copy is an "authenticated" public document.
Key Note: A "Certified True Copy" is different from a "Blue Ribbon" or "Authenticated" copy for international use. If the document is for use abroad, you must further undergo the Apostille process through the Department of Foreign Affairs (DFA) after getting the court certification.
5. Timeline and Common Obstacles
| Factor | Description |
|---|---|
| Processing Time | Usually 1 to 3 working days, depending on the volume of the court's work and the availability of the signatory. |
| Lost Records | If the records were lost (common in older courts or due to fires/floods), you may need to file a Petition for Reconstitution of Records, a much more complex legal process. |
| Pending Finality | A CTC may be denied if the Dismissal Order is not yet "final and executory" (i.e., the other party has filed a Motion for Reconsideration). |
6. Summary of Costs and Documentary Stamps
In addition to the court fees, you must provide Documentary Stamp Tax (DST). Usually, one stamp is required for the entire certification. These can often be purchased within the premises of the Hall of Justice or at the nearest Bureau of Internal Revenue (BIR) office.
Without the dry seal and the signature of the authorized Clerk of Court, the document remains an unofficial copy and will likely be rejected by government agencies like the NBI or the Bureau of Immigration.