Obtaining Court Clearance for a Bouncing Checks (B.P. Blg. 22) Case in the Philippines

This guide is an educational overview of how court clearances work for cases involving bouncing checks under Batas Pambansa Blg. 22 (and, where relevant, estafa under Article 315(2)(d) of the Revised Penal Code). Procedures and fees can vary per court; always follow the latest instructions of the specific court handling your case.

1) What a “Court Clearance” Is (and Isn’t)

Court clearance (sometimes called a court certificate/clearance/certification) is a document issued by a court stating facts about a case or a person’s status in relation to that court. Common forms include:

Certificate of No Pending Case – a statement that a named person has no active case on the docket of that court.
Certificate of Case Status / Court Clearance – confirms the status of a specific case (e.g., dismissed, archived, promulgated, final and executory, with/without outstanding warrant, etc.).
Certificate of Finality – attests that a decision/judgment has become final (no more appeals/remedies within the period).
Certified True Copy of orders/judgments – authenticated copies of specific rulings (e.g., order of dismissal, judgment of acquittal/conviction, order lifting warrant).

A court clearance is not an NBI clearance or police clearance. NBI/police clearances are centralized background checks across jurisdictions. A court clearance is local to the issuing court’s records.

2) When You Might Need One

Employment, visas, licensing, public bidding, firearms licensing – often requires proof of no pending case or proof of final disposition.
Banking/finance and compliance – lenders/employers sometimes require evidence of case status.
After settlement or payment in a B.P. 22 case – to document dismissal, full satisfaction of civil liability, or compliance with the court’s judgment.
For lifting of a Hold Departure Order (HDO) or cancellation of a warrant – supporting documentation may be required by immigration or law enforcement.
Bail refund – court may require proof the case is terminated and the bond is exonerated.

3) Where to Apply

The specific court that handled (or is handling) the case
- Municipal/Metropolitan/Regional Trial Court where the Information was filed.
- For multiple cases in different courts, you must apply in each court where you want coverage.
If you never had a case but are asked for “court clearance”:
- Apply for a Certificate of No Pending Case at the Executive Judge’s Office or the Office of the Clerk of Court (OCC) of the Hall of Justice covering the city/municipality where the requesting party requires it (some employers want a clearance from a particular locality).

Tip: If you were charged with B.P. 22 and estafa, you may need separate certifications from each court (e.g., one in the MeTC/MTC for BP 22 and one in the RTC for estafa), depending on where the cases were docketed.

4) What Courts Commonly Look For in B.P. 22 Cases

Proof of payment/restitution (official receipts, notarized settlement, bank deposit slips) if dismissal or mitigation hinged on full payment.
Affidavit of desistance/settlement (if relevant), though settlement alone doesn’t automatically terminate a criminal case; the court’s dismissal order/judgment is the governing document.
Compliance with penalty for convictions: proof of payment of fine, damages, legal interest, costs, and compliance with probation conditions if granted.
Proof that warrants were quashed/lifted (order lifting warrant) and that arraignment/promulgation issues were resolved.

Important: B.P. 22 is a public offense. Private settlement helps but does not by itself dismiss the case. The court’s order controls.

5) Typical Requirements

Valid government-issued ID (original + photocopy).
Personal appearance (or an authorized representative with a Special Power of Attorney and the principal’s ID).
Case details, if any: docket number, case title (People vs. [Name]), branch number, old case number if archived.
Purpose of the clearance (employment, visa, compliance).
Official Receipts (if you already have them) proving settlement/fines.
Payment of fees (see below).

Some courts may additionally ask for:

2×2 photo (less common now, but some Halls of Justice still request it).
Cedula/Community Tax Certificate (rare; check posted requirements).

6) Fees (Indicative Only)

Certificate/Clearance fee: often a few hundred pesos.
Certification fee per page for certified true copies.
Notarial/documentary stamp tax if applicable.
Legal research fund/trust fund add-ons where required.

Fees vary by court and are updated periodically. The cashier will compute the exact amount based on the type and number of documents.

7) Step-by-Step: Getting a Court Clearance

Identify the correct court.
- Confirm the exact branch (e.g., MeTC Branch __ in [City]) and docket number. Check your old papers or contact the OCC.
Check your case status.
- If pending, comply with court directives first (e.g., appear for arraignment, pay fines, satisfy civil liability).
- If dismissed/archived, you may need certified copies of the order of dismissal or order of archiving and, if applicable, order of revival/unarchiving.
Go to the OCC/branch with your ID and details.
- Ask for the application form for:
  - Certificate of No Pending Case; or
  - Case Status/Finality; or
  - Certified True Copies of specific orders/judgments.
Pay the assessed fees at the cashier. Keep the Official Receipt (OR).
Processing & release.
- Simple certifications (e.g., no pending case) may be same-day.
- Requests involving old/archived dockets or multiple certified copies may take longer (retrieval from records).
Verify the contents before leaving.
- Check spelling of your name, case number, branch, and the status reflected.
- Ensure all pages of certified copies bear the “Certified True Copy” stamp and signature.

8) Special Situations in B.P. 22 Cases

Outstanding Warrant of Arrest
- You cannot obtain a clean “no pending case” certificate if a warrant is active. You may file a Motion to Lift/Recall Warrant, normally coupled with voluntary surrender/appearance and explanation for nonappearance.
Non-appearance at Promulgation
- The judgment may be promulgated in absentia; a warrant may issue. Resolve this first before seeking a clearance that says you have no pending issues.
Archived Cases
- If the accused has not been arrested or the complainant cannot be located, the case might be archived. Archived ≠ dismissed. To clear records, pursue proper revival/resolution (e.g., appearance, settlement, motion to dismiss if warranted).
Settlement After Filing
- Courts may consider settlement and full restitution; however, only a court order can dismiss/terminate. Ask for certified copies of the dismissal or the Certificate of Finality (if applicable) to show that the case is definitively closed.
Parallel Estafa Case
- Even if your BP 22 case is dismissed, a separate estafa case may still exist (or vice versa). Secure clearances from both courts if requested by an employer/agency.
Probation
- If sentenced to a fine or imprisonment but granted probation, obtain a Certification of Successful Completion from the Probation Office, then ask the court for a final clearance reflecting compliance.

9) Commonly Requested Documents (Know the Differences)

Court Clearance / Case Status – general statement of your status vis-à-vis that court or docket.
Order of Dismissal/Acquittal – the dispositive ruling; request certified true copy.
Certificate of Finality – proves the ruling can no longer be appealed (after lapse of reglementary period).
Order Lifting Warrant – crucial if an old warrant existed.
Entry of Judgment – record that a decision is final and entered in the Book of Entries.

10) How It Interacts with NBI/Police Clearances

NBI “HIT”: If the NBI finds a record (e.g., old BP 22 case), they may ask you to return with court proof of its status or finality.
Present your court clearance and certified orders; NBI records can then be annotated/updated.
Police clearances are typically local checks; if a particular LGU requests court proof, submit the relevant court certifications.

11) Practical Tips

Bring multiple photocopies of IDs, ORs, and any existing court orders.
Spell your name consistently across IDs and pleadings to avoid mismatches.
If represented, prepare a specific SPA naming the court, documents to be requested, and purpose.
Check bulletin boards or inquire at the OCC for current fees and cut-off times.
Mind deadlines (e.g., to get a Certificate of Finality, you may need to wait for the lapse of appeal periods).

12) Sample Templates

A) Simple Request Letter to the Clerk of Court

[Date]

The Clerk of Court
[Name of Court], Branch [__]
[Hall of Justice Address]

Re: Request for Court Clearance / Certificate of Case Status

Dear Clerk of Court:

I respectfully request a [Court Clearance / Certificate of Case Status / Certificate of No Pending Case /
Certified True Copy of the Order dated __] in relation to [People of the Philippines v. (Your Name),
Criminal Case No. ______, for Violation of B.P. Blg. 22], pending before Branch __ of this Court.

Purpose: [e.g., employment/visa/NBI/records update]

Attached are copies of my valid ID and proof of payment/settlement (if applicable).
I am willing to pay the required fees.

Thank you.

Very truly yours,

[Signature over printed name]
[Contact number / email]

B) Special Power of Attorney (SPA) for a Representative

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, [Your Full Name], of legal age, [civil status], and a resident of [address], do hereby name,
constitute and appoint [Attorney-in-Fact’s Full Name], of legal age, [relationship], with address at
[address], to be my true and lawful attorney-in-fact to:

1) Request and receive from the [Name of Court/Branch/Office of the Clerk of Court] the following:
   - Court Clearance / Certificate of No Pending Case / Certificate of Case Status;
   - Certified True Copies of orders/judgments (e.g., Order of Dismissal dated __; Order Lifting Warrant; Certificate of Finality);
2) Pay and sign for official receipts and acknowledge release of said documents;

Hereby giving and granting unto my said attorney-in-fact full power and authority to do and perform all
and every act necessary to effect the foregoing, as fully as I might or could do if personally present,
and ratifying and confirming all that my said attorney-in-fact shall lawfully do or cause to be done by
virtue hereof.

This SPA is signed on [date] at [city], Philippines.

[Signature over printed name of Principal]
[ID details]

WITH MY CONFORME:

[Signature over printed name of Attorney-in-Fact]
[ID details]

ACKNOWLEDGMENT (JURAT/NOTARIAL BLOCK)
[Notarial block in accordance with current notarial practice]

13) Frequently Asked Questions (FAQ)

Q1: Can I get a “no pending case” certificate if my case is archived? A: Generally no; “archived” means the case still exists. Request a case status certificate instead, or move to resolve/revive and seek proper dismissal.

Q2: I fully paid the check amount plus charges—am I automatically cleared? A: Not automatically. Payment helps, but you need a court order (dismissal or judgment satisfied) and ideally a Certificate of Finality (if a judgment) to conclusively show closure.

Q3: My B.P. 22 case was dismissed years ago. Why do I still have an NBI “hit”? A: The NBI database may still reflect the filing. Provide your certified dismissal order and, if available, a Certificate of Finality so the NBI can annotate/update its records.

Q4: Will a court clearance erase my record? A: The Philippines does not have a general expungement system for criminal records. A clearance documents the status; it doesn’t erase the historical fact of filing.

Q5: Can I request online? A: Some courts accept email/phone coordination or have e-kiosk announcements, but many still require in-person processing or personal pickup of certified copies. Check your court’s posted practice.

14) Quick Checklist

Identify court & branch and case number
Ensure no outstanding warrant or unresolved hearings
If convicted: pay fines/damages, complete probation (if any)
Secure certified copies of dismissal/judgment/orders
Go to OCC/branch, apply, and pay fees
Verify details on release; keep extra copies
Use the documents to update NBI/police records if needed

15) Key Takeaways

Court clearances are court-specific and attest to status or finality.
In B.P. 22 cases, payment/settlement helps but the court’s order is decisive.
To be “cleared” for employment/immigration, you often need both:
1. Court evidence (dismissal/finality/status), and
2. Updated NBI/police clearance after presenting those court documents.

If your situation involves active warrants, multiple jurisdictions, or immigration timelines, consider consulting a Philippine lawyer for tailored advice and representation at the specific court handling your case.