How to Secure a Copy of a Lost Court Dismissal Order in the Philippines

In the Philippines, a court order of dismissal (whether provisional or with finality) is a public record that forms part of the official court record (expediente). Losing the physical copy furnished to you or your lawyer does not mean the order itself has ceased to exist. The original remains in the court’s custody, and certified true copies can always be obtained by following the proper procedure. This article exhaustively discusses every available method, requirement, and practical consideration under Philippine laws, rules of court, and established jurisprudence as of 2025.

1. Nature of a Dismissal Order and Why It Can Always Be Reconstituted

  • An Order of Dismissal (provisional or with prejudice) is an interlocutory or final order issued by a judge and entered in the court’s records by the Branch Clerk of Court.
  • Under Rule 135, §5 of the Rules of Court and the 2003 Revised Manual of Clerks of Court, all court records are permanent and must be preserved.
  • Even if the entire record of the case was physically destroyed (e.g., typhoon, fire, war), administrative reconstitution procedures exist (A.M. No. 19-08-16-SC, Guidelines on Physical and Electronic Reconstitution of Records).

As long as the case number and court branch are known, a certified copy can almost always be obtained.

2. Primary Method: Request from the Court of Origin (Fastest and Cheapest)

A. Identify the Exact Court

  • Regional Trial Court (RTC), Metropolitan/Municipal Trial Court in Cities (MeTC/MTC/MTCC), or Municipal Circuit Trial Court (MCTC) that issued the dismissal.
  • Branch number is critical. If you only remember the case title, proceed to the Office of the Clerk of Court (OCC) of the judicial region to locate the branch.

B. Requirements for Requesting a Certified True Copy

  1. Letter-request addressed to the Branch Clerk of Court (or Executive Judge if the branch no longer exists).
  2. Valid government-issued ID.
  3. Payment of legal fees (2024–2025 rates under Judiciary Administrative Order No. 24-2024):
    • Certification fee: ₱100.00 per certification
    • Certified true copy: ₱10.00 per page + ₱50.00 certification fee
    • Electronic certified copy (e-copy): ₱150.00 flat (if available in the branch)
  4. If requesting through a representative: Special Power of Attorney (SPA) duly notarized or consularized if executed abroad.

C. Procedure at the Branch

  1. Proceed to the Records Section of the branch.
  2. Fill up the Request for Certified Copies form (standard form in most courts).
  3. Pay at the cashier (or via Landbank e-Payment Portal if the court is e-payment enabled).
  4. Wait 1–7 days depending on the age and volume of the record. Very old cases may need retrieval from the National Archives or Judicial Records Division in Padre Faura.

D. If the Original Order Is Missing from the Expediente

The clerk will issue a Certification of Non-Existence of Record and refer you to reconstitution (see Section 5 below).

3. Alternative Methods When Physical Appearance Is Difficult

A. Request by Mail or Courier

  • Send a notarized letter-request with photocopy of ID, postal money order or manager’s check for fees, and self-addressed stamped envelope (preferably LBC or registered mail).
  • Many RTCs now accept GCash or Landbank payments; confirm with the branch first.

B. Through the eCourt Portal (for cases filed under eCourt or Continuous Trial system)

  • Log in to ecourt.judiciary.gov.ph (if you are a registered user or lawyer).
  • Some branches allow online request and payment for certified copies.
  • The certified e-copy is electronically signed and has the same evidentiary value as the paper copy (A.M. No. 11-9-4-SC as amended).

C. Through a Lawyer or Authorized Representative

  • Any Philippine-bar passer can request on your behalf with a simple authority letter (no need for formal SPA in most branches, but some insist).

4. Special Situations

A. The Case Was Archived

  • Cases dormant for more than five years are archived (Judiciary Administrative Circular No. 24-2020).
  • File a Motion to Retrieve from Archives (no fee) or simply inform the Records Section. Retrieval usually takes 3–15 days.

B. The Branch No Longer Exists (re-raffled, abolished, or court merged)

  • File the request with the Office of the Clerk of Court (multi-sala court) or the Executive Judge.
  • The OCC maintains a Case Locator database.

C. The Entire Courthouse Was Destroyed (rare but happened in Tacloban post-Yolanda)

  • Follow the Guidelines on Physical and Electronic Reconstitution (A.M. No. 19-08-16-SC).
  • File a verified Petition for Reconstitution with the same court (now operating from temporary premises) attaching secondary evidence (lawyer’s copy, opposing party’s copy, entry in the court’s criminal/civil docket book, etc.).
  • The reconstituted order has the same force and effect as the original.

5. When the Order Itself Is Genuinely Lost and Needs Judicial Reconstitution

If the branch certifies that the order is no longer in the expediente and cannot be located:

  1. File a verified Petition for Reconstitution of Lost Order before the same sala (or the Executive Judge).
  2. Attach any secondary evidence:
    • Duplicate original or photocopy in your or your lawyer’s possession
    • Copy served on the opposing party or prosecutor
    • Entry in the Minutes Book or Docket Book
    • Certification from the LRA or RD if the case affected title to land
  3. Set for hearing; notice to adverse party is usually dispensable if dismissal was without prejudice.
  4. The court will issue a reconstituted order that explicitly states it is a reconstitution and has the same legal effect.

6. Fees Summary (2025 rates, subject to annual adjustment)

Item Fee
Certification fee ₱100.00
Certified xerox copy (per page) ₱10.00
Electronic certified copy ₱150.00 flat
Sheriff’s fee (if service needed) ₱500–1,200
Archive retrieval (if applicable) Free

7. Practical Tips from Philippine Practitioners

  • Always quote the exact date of the order and the judge who signed it — this speeds up search dramatically.
  • If more than 20 years old, the record may be with the National Archives of the Philippines in Mauban, Quezon (request through the court first).
  • For criminal cases acquitted or dismissed, the OSG or City/Provincial Prosecutor usually keeps a copy; you may request from them as secondary source.
  • Never accept a mere “plain copy” without certification; only certified true copies or electronic certified copies are admissible in evidence or accepted by government agencies (immigration, LTO, DFA authentication, etc.).

Conclusion

Losing your copy of a dismissal order is an inconvenience, not a catastrophe. The Philippine judiciary treats court orders as permanent public records. With the correct case number, a few hundred pesos, and persistence, you will always be able to secure an authenticated copy — whether through the ordinary request procedure, the eCourt system, or formal reconstitution. The entire process is governed by transparency rules and cannot be arbitrarily denied to any person showing legitimate interest.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.