How to Obtain MTCC / RTC Court Clearance in the Philippines (for Non-Residents)
Scope of this article This guide explains, in Philippine legal‐practice terms, how a Filipino or foreign national who is not currently residing in the Philippines may secure a Court Clearance (sometimes called a Certificate of No Pending Case) from the Municipal Trial Court in Cities (MTCC) and the Regional Trial Court (RTC). It covers the legal basis, documentary requirements, fees, procedural steps, special rules for applicants abroad, and practical tips.
1 | What is a Court Clearance?
A Court Clearance is an official certification, signed by the Clerk of Court, stating that the requesting party (a) has no pending criminal or civil case and no record of conviction/adverse judgment before that court, or (b) lists the particulars of any case that exists. Government agencies, embassies, employers, firearms‐licensing authorities, and adoption/immigration tribunals often require it in addition to an NBI or Police Clearance.
2 | Legal Framework
| Source | Key Points |
|---|---|
| 1987 Constitution, Art. VIII §5(3) | Empowers the Supreme Court (SC) to promulgate rules for the protection and enforcement of constitutional rights and for the admission to the practice of law—including court administration. |
| Rules of Court, Rule 141 (as amended by A.M. No. 04-2-04-SC, A.M. No. 17-12-09-SC, etc.) | Prescribes legal fees for “Certification issued by the Clerk of Court” (currently ₱50 per certificate, plus ₱30 Documentary Stamp Tax). |
| OCA Circular No. 19-98 and succeeding circulars (e.g., OCA Cir. 154-2003; 127-2013) | Standardize forms, mandate checking of docket books and eCourt databases, and require release within one (1) working day if no case is found. |
| Administrative Matter No. 11-10-5-SC (eCourts) | Courts connected to the eCourt system may issue clearances generated electronically. |
| Bureau of Treasury-BSP-DOF Joint Circulars | Reiterate the use of Apostille authentication (instead of consular legalisation) for court documents bound for Apostille Convention states. |
Important: A Court Clearance is court‐specific. To be fully “case-free,” one must obtain separate clearances from (a) first-level courts (MTCC/MTC/MeTC/MCTC) and (b) second-level courts (RTC) in every locality where a case could have been filed. Some agencies require additional clearances from the Sandiganbayan, Court of Appeals, or the Supreme Court.
3 | When is a Non-Resident Required to Submit One?
- Immigration & Naturalisation abroad (e.g., Canada’s IRCC, U.S. USCIS, Australian DHA).
- Adoption proceedings (domestic or intercountry).
- Firearms Licence / PTCFOR renewal while living overseas.
- POLO/POEA processing of overseas employment papers if the worker last resided in the Philippines long ago.
- Foreign marriage licence applications where the foreign civil registrar wants proof of no Philippine case.
- Corporate officers’ fit-and-proper tests (e.g., Bangko Sentral, SEC) for directors living abroad.
4 | Documentary Requirements
| Applicant is … | Needed IDs | Supporting Papers |
|---|---|---|
| Filipino citizen abroad | Valid Philippine passport (photocopy) | • Latest NBI Clearance (multi-purpose, within 6 mos.) |
| • Authorization Letter / SPA naming local representative (consular- or Apostille-authenticated) | ||
| Foreign national who previously resided in PH | Valid foreign passport (copy of personal‐data page) | • Alien Certificate of Registration I-Card (if any) |
| • NBI Clearance for foreigners (issued in Muntinlupa) | ||
| • SPA to representative | ||
| Either applicant using counsel | Lawyer’s IBP ID | • Entry of Appearance & Verification |
TIP: Attach a self-addressed pre-paid courier pouch (DHL, LBC, etc.) for release by mail.
5 | Step-by-Step Procedure
| Step | Action | Where / Who |
|---|---|---|
| 1 | Identify venue. For each city/municipality where the applicant last lived or where any cause of action might lie, list the RTC branch (second-level) and the corresponding MTCC (or MTC/MeTC) branch (first-level). | Online dockets or via your lawyer |
| 2 | Prepare documents. Photocopy IDs, notarise SPA, secure NBI/Police Clearance. | Applicant abroad |
| 3 | Pay Legal Fees. Use the Judiciary Cash Register Receipt: ₱50 certification fee + ₱30 documentary stamp. If applying by mail, send a manager’s cheque payable to “Clerk of Court, RTC of _____” (or “MTCC of _____”). | Cashier, Office of the Clerk of Court (OCC) |
| 4 | File Application. Submit Request Form (OCA-prescribed) with proof of payment. | Docket Section, OCC |
| 5 | Record Check. Clerk examines: | |
| • Criminal & Civil docket books | ||
| • Pending archive | ||
| • eCourt database (if applicable) | Same day | |
| 6 | Approval & Printing. If no match, print standard “No pending case/No record of conviction.” If there is a match, certify the case title, docket number, and status. | Clerk of Court |
| 7 | Notarisation & Seal. Clerk signs; Executive Judge countersigns (RTC only); affix dry seal. | Within 24 hrs (per OCA Cir. 127-2013) |
| 8 | Release / Apostille. | |
| • Personal pick-up by representative, OR | ||
| • Mail-out using pre-paid pouch. | ||
| If document will be used abroad, bring to the DFA-OCA for Apostille. | Manila / DFA Aseana |
Usual Processing Time: One working day if records are clear and fees paid before noon. Old, non-computerised courts (especially outside eCourt coverage) may take 2-3 days.
Validity: No law fixes this, but requesting agencies typically accept a clearance issued within six (6) months.
6 | Special Situations
Applicant has a Common Name (“Juan Dela Cruz”). Expect manual verification against case folders; processing may stretch to 5 days. Provide middle name, exact birthdate, or an Affidavit of One and the Same Person.
There is a Pending Case. The court will issue the clearance with disclosure, stating the docket number and stage (e.g., “Criminal Case No. 23-123 - Arraigned, trial ongoing”). Only the Judge may order non-disclosure (rare, limited to annulled or expunged records).
Remote / Fully-Digital Request. Some NCR courts pilot an e-Clearance portal. The applicant pays via LandBank Link.Biz or GCash, and the signed PDF is emailed; authenticity is verifiable by QR code.
Representative is a Relative Abroad. If both applicant and representative are abroad, they may execute a single Special Power of Attorney via video conference before the nearest PH embassy—valid once apostilled.
7 | Frequently Asked Questions
| Question | Answer (short) |
|---|---|
| Must I secure both MTCC and RTC certificates? | Yes. Agencies often insist on both first- and second-level court clearances because each court keeps independent dockets. |
| Is an NBI Clearance enough? | Often, but some foreign embassies demand court-specific proof. NBI Clearance only shows nationwide “no criminal conviction,” not pending civil suits. |
| Can I authorise a liaison? | Yes—through a notarised or consularised SPA. Include authority to “receive, sign for, and apostille” documents. |
| Will the court mail directly overseas? | Rarely. Most clerks require a local Philippine address or pre-paid pouch consigned to a relative/courier hub. |
| Can I request by e-mail? | Only if the court is in the eCourt pilot or has issued a local administrative order allowing scanned submissions. Phone the OCC first. |
| What if I lived in multiple cities? | You must repeat the process for each locality. For Metro Manila, that could mean up to 17 MeTC courts + 16 RTC branches. |
8 | Practical Tips & Common Pitfalls
| ✔️ Do | ❌ Don’t |
|---|---|
| ✔️ Call or e-mail the OCC beforehand to confirm fees and preferred courier. | ❌ Send cash by mail; remit via manager’s cheque or online payment. |
| ✔️ Write your name exactly as on passport. | ❌ Omit middle name if you have one—leads to clerical hits. |
| ✔️ Keep a scanned copy of the original clearance; many agencies accept an electronic‐certified PDF. | ❌ Laminate the clearance before Apostille; DFA rejects laminated documents. |
| ✔️ Ask for “multiple original copies” at filing; each additional copy is only ₱25. | ❌ Assume same-day courier pick-up—clearance may be released late afternoon. |
9 | Sample Request Letter (Template)
Clerk of Court Office of the Clerk of Court, RTC Branch ___ / MTCC, Pasig City
Subject: Request for Court Clearance – [Name, Passport No.]
Ma’am/Sir: I, [Full Name], Filipino citizen currently residing at [Overseas Address], respectfully request the issuance of a Court Clearance/Certificate of No Pending Case. I last resided in Pasig City from [dates]. Attached are:
- Photocopy of my Philippine Passport;
- Latest NBI Clearance;
- Special Power of Attorney authorising [Name of Representative];
- Official Receipt for legal fees (₱50) and DST (₱30).
Kindly release the certificate to my representative or send it via the enclosed prepaid pouch.
Thank you.
Respectfully, [Signature] [Full Name]
10 | Conclusion
For non-residents, obtaining MTCC and RTC clearances is straightforward but detail-oriented: determine the correct venues, comply with documentary formalities, and coordinate closely with the Clerk of Court. With a properly executed SPA, a local representative can usually secure and apostille both certificates within a week—ensuring that overseas immigration or licensing applications proceed without delay.
This article is for general information only and does not constitute legal advice. Consult a Philippine lawyer or the relevant Office of the Clerk of Court for specific queries.