In the Philippine legal system, a Dismissal Resolution or Order is a critical document that signifies the termination of a case. Whether for employment background checks, travel requirements (NBI clearance), or to prove the finality of a legal dispute, obtaining a Certified True Copy (CTC) is essential. A CTC carries the same legal weight as the original, verified by the Clerk of Court.
Here is the comprehensive guide on how to navigate this process.
1. Identify the Issuing Court
Before proceeding, you must identify exactly where the case was heard. The jurisdiction determines which office holds the records:
- MTC/MTCC/MCTC: Municipal Courts for light offenses or small claims.
- RTC: Regional Trial Courts for more serious crimes or high-value civil cases.
- Sandiganbayan/Court of Appeals: For cases appealed or involving public officers.
Key Information Needed:
- Case Title (e.g., People of the Philippines vs. [Name] or [Name] vs. [Name])
- Case Number (e.g., Criminal Case No. 12345 or Civil Case No. 6789)
- Specific Branch Number (e.g., RTC Branch 21, Quezon City)
2. Requirements for the Request
The Office of the Clerk of Court (OCC) or the specific Branch Clerk of Court will require the following:
- Written Request/Letter-Request: A simple formal letter addressed to the Branch Clerk of Court requesting the CTC of the Dismissal Order/Resolution.
- Valid Identification: A government-issued ID (Passport, Driver’s License, UMID, etc.).
- Special Power of Attorney (SPA): If you are not a party to the case (not the Plaintiff/Complainant or Defendant/Accused), you must provide a notarized SPA from the concerned party authorizing you to secure the document.
- Affidavit of Loss (Optional): Only if you were previously issued a copy and lost it, though usually, a fresh request suffices.
3. The Step-by-Step Process
Step I: Verification of Records
Visit the specific branch where the case was handled. Ask the Records Officer or Criminal/Civil Clerk to verify if the records are still in their possession.
Note: Very old cases may have been archived or moved to the Office of the Clerk of Court (OCC) or the National Archives.
Step II: Assessment of Fees
Once the record is located, the clerk will count the number of pages. You will be issued a Payment Slip for:
- Certified Copy Fee: Usually a fixed rate per page (e.g., ₱5.00 - ₱10.00).
- Legal Judiciary Fund (JDF): A small standard fee.
- Documentary Stamp Tax (DST): Required for the document to be legally valid.
Step III: Payment
Pay the assessed amount at the Office of the Clerk of Court (OCC) Cashier or the designated bank (often LandBank). Always keep the Official Receipt (OR).
Step IV: Processing and Release
Return to the branch and present your Official Receipt. The clerk will then:
- Photocopy the original document from the case folder.
- Stamp it with "Certified True Copy."
- Affix the dry seal of the court.
- Have it signed by the Branch Clerk of Court.
4. Important Considerations
The Certificate of Finality A Dismissal Resolution proves the case was dismissed, but a Certificate of Finality proves that the period to appeal has lapsed and the dismissal is permanent. If you are clearing your name for an NBI or police clearance, it is highly recommended to request both the CTC of the Dismissal and the Certificate of Finality simultaneously.
Electronic Records Some modern "Halls of Justice" utilize the e-Court system, which may speed up the searching process. However, the physical stamping and sealing remain a manual, in-person requirement.
Privacy and Confidentiality Under the Data Privacy Act and specific court protocols (especially in cases involving Violence Against Women and Children or Family Court matters), the court may restrict access to records. In such cases, only the parties involved or their counsels of record can secure copies without a court order.
Summary Table of Costs and Timeline
| Item | Estimated Cost | Timeline |
|---|---|---|
| Search Fee | ₱50.00 - ₱100.00 | Same Day |
| Certification Fee | ₱5.00 - ₱20.00 per page | 1 - 3 Working Days |
| Doc Stamp | ₱30.00 per document | Immediate |
| SPA (if via Rep) | Notarization varies | Pre-prepared |