Procedure to Obtain Records from Regional Trial Courts (RTC) and Municipal/Metropolitan Trial Courts (MTC/MeTC) in the Philippines
(Comprehensive practitioner-oriented guide, updated to May 2025)
1. Governing Legal Framework
| Source | Key Points |
|---|---|
| 1987 Constitution, Art. III (Bill of Rights) | Access to information of public concern; limitation for when disclosure would jeopardize privacy of individuals or national security. |
| Rule 136, Rules of Court | Vests custody of court records in the Clerk of Court; authorizes issuance of certified true copies upon payment of lawful fees. |
| Rule 141, Rules of Court & Supreme Court A.M. No. 04-2-04-SC (latest revisions on legal fees) | Sets copying fees and certification fees collected by the clerk. |
| Administrative Circulars/OCA Circulars (e.g., OCA Circ. 113-2014, 51-2017, 97-2023) | Uniform schedules for photocopying, digitization, and electronic certification; procedures for viewing bulky exhibits, audio-visual evidence, or JAR/eCourt files. |
| Data Privacy Act of 2012 (RA 10173) | Court records remain under the jurisdiction of the judiciary; personal data is processed only on lawful basis. |
| Freedom of Information (FOI) Executive Order No. 2 (2016) | Does not directly bind the judiciary, but the Court voluntarily follows “maximum disclosure, minimum exceptions” subject to its own rules. |
| eCourt and Enterprise Information Systems Plan (EISP) | Authorizes electronic records, “Judiciary Electronic Payment System (JEPS)”, and electronic certifications (e-Certificates). |
2. What Counts as a “Court Record”
- Judgments & Orders – final judgments, interlocutory orders, minute resolutions.
- Pleadings & Motions – complaints, answers, briefs, comment, etc.
- Transcripts of Stenographic Notes (TSNs) – need stenographer’s certificate and Judge’s approval before release.
- Exhibits – documentary, object, and electronic exhibits.
- Process Papers – summons, subpoenas, returns of sheriff/process server.
- Dockets & Minutes – raffling sheets, calendar, attendance.
- Book of Entries of Judgments (BEJ) – maintained by the clerk.
- Electronic Case Files (eCF) – PDF copies uploaded through eCourt.
3. Persons Entitled to Request
| Category | Typical Proof Required |
|---|---|
| Party or Counsel of Record | IBP ID / law firm ID and SPA if counsel has been substituted. |
| Authorized Representative | Written authorization + valid government ID of both principal and representative. |
| Third Persons with Legitimate Interest | Sworn request stating purpose (e.g., academic research, due diligence, media). Clerk or Judge may require court order if privacy issues arise. |
| Government Agencies | Formal written request on official letterhead citing statutory mandate (e.g., AMLC, CHR). |
4. Where to File the Request
For active or recently archived cases (< 5 years from finality)
- File with the Office of the Clerk of Court (OCC) of the RTC branch or MTC/MeTC where the case was heard.
For archived or terminated cases (> 5 years)
- The OCC forwards records to the Office of the Clerk of Court, RTC designated as Archives or sometimes to the National Library or Records Management and Archives Office (RMAO).
- Obtain certification of transfer, then request from the archival custodian.
For appealed cases
- If record already elevated, request is routed to the Court of Appeals or the Supreme Court (for Rule 45).
- OCC can issue a certification that the record has been transmitted.
5. Step-by-Step Procedure
| Step | Action | Responsible Office | Notes |
|---|---|---|---|
| 1 | Secure request form (pre-printed) or draft letter stating case title, docket number, specific documents sought, purpose, and contact details. | Information Desk / OCC | Some courts have online request portals (eCourt V.2 / JOPI). |
| 2 | Submit request together with IDs/authorization. | Docket Section / OCC | Clerk checks if no sealing/confidentiality order exists. |
| 3 | Assessment of Fees – clerk issues Order of Payment. | Cashier | Standard: ₱20/page for plain copy; ₱50/page for certified true copy; plus ₱50 certification fee per document (rates vary per latest OCA circ.). |
| 4 | Pay fees at the Judiciary Cashier or via JEPS (GCash/Landbank Link.Biz). | Cashier | Keep official receipt (OR). |
| 5 | Processing – photocopying/printing or electronic extraction; clerk stamps “Certified True Copy” and signs over dry seal. | Records Officer / Branch Clerk | TSNs require stenographer’s certification and Judge’s signature; allow 3–5 working days or set by local circular. |
| 6 | Release upon presentation of OR; requester signs logbook or e-registry. | OCC Releasing Window | For bulky exhibits: supervised inspection in Evidence Custodian’s room; no external removal without court order. |
Expedited release: Most courts offer Express Lane (same-day within 2 hours) at 50 % surcharge; subject to workload.
6. Fees and Charges (Indicative)
| Item | Plain Photocopy | Certified True Copy | Electronic Copy (PDF) |
|---|---|---|---|
| First 3 pages | ₱20/page | ₱50/page + ₱50 certification fee | ₱15/page + ₱100 e-certificate hash |
| Succeeding pages | ₱10/page | ₱20/page | ₱5/page |
| TSN per page | — | ₱100 | ₱80 |
| Authentication (red ribbon) for foreign use | — | ₱200 + DFA apostille fee | — |
(Subject to amendment by the latest circular; always check posted fee schedules.)
7. Timelines
| Document Type | Usual Processing Time |
|---|---|
| Simple orders/pleadings (< 20 pages) | 1 – 2 working days |
| Multiple-volume records | 5 – 10 working days |
| Certified TSN (single hearing day) | 5 – 15 working days (depends on stenographer’s backlog) |
| Archived records retrieval | +10 working days for retrieval from storage |
The 2019 Revised Rules on Evidence encourage courts to digitize exhibits, shortening retrieval.
8. Special Scenarios & Restrictions
| Scenario | Requirement/Restriction |
|---|---|
| Sealed or Confidential Proceedings (e.g., adoption, recognition of foreign divorce, VAWC mediation) | Court order needed; often limited to parties, counsel, or social worker. |
| Juvenile Cases (RA 9344) | Names redacted; only age-appropriate summaries may be released. |
| Drug Test Results, Medical Records | Written consent of the subject or express court order. |
| Audio-Video Evidence | Viewing in-chambers; duplication only by order and under supervision; provide own storage media (USB/HDD). |
| Electronic Court (eCourt) Branches | Requests may be filed and paid through the E-Judiciary Portal; electronic certification uses QR-code verification. |
| COVID-19/Emergency Situations | E-mail or video conference procedures per A.M. No. 20-12-01-SC remain in force; scanned copies emailed upon e-payment, followed by hard copy retrieval later. |
9. Data Privacy Considerations
- Courts are personal information controllers under the DPA.
- Release falls under the lawful criterion of “necessary for the performance of a lawful mandate of a public authority.”
- Requesters must sign a Data Privacy Undertaking if the record contains sensitive personal information.
- Personal data-heavy portions may be redacted (e.g., addresses, minors’ names, bank details).
10. Remedies When Access Is Denied
- Motion for Reconsideration addressed to the Presiding Judge or Executive Judge.
- Administrative Letter to the Office of the Court Administrator (OCA) citing denial; OCA may direct release or uphold denial.
- Petition for Mandamus with the Court of Appeals (Rule 65) to compel disclosure if denial is alleged to be unlawful.
- Data Privacy Complaint with NPC if unjustified disclosure of personal data occurred.
11. Best-Practice Tips
- Quote exact docket numbers to avoid retrieval errors (sample: RTC Branch XXX, Civil Case No. 12345-19).
- Request only what is needed – voluminous requests slow processing and raise fees.
- Bring storage devices (USB 3.0, minimum 32 GB) for eCourt PDF bundles.
- Check branch schedule; many RTCs dedicate Fridays for records servicing.
- Coordinate with the Prosecutor’s Office or Public Attorney’s Office if you are an indigent litigant; fee exemptions may apply.
- Inspect on site before paying for certification—errors in names or dates can be corrected only while the clerk still has the original before sealing.
12. Frequently Asked Questions
| Question | Quick Answer |
|---|---|
| Can I request records online? | Yes, in eCourt branches via ecourt.judiciary.gov.ph; elsewhere, e-mail requests are accepted but pickup of physical copies is still required. |
| Are records free for the press? | No; journalists pay the same fees but may request fee waivers through a motion, subject to judicial discretion. |
| How long are records kept? | Minimum 15 years for criminal; civil may be disposed of after 10 years from finality unless a retention order exists. |
| What if the case is on appeal? | The trial court retains an expediente (duplicate) but original is with appellate court; file request there. |
| Is notarized authority enough? | Yes, but some clerks insist on a government-issued ID of principal; prepare both. |
13. Conclusion
Obtaining court records from Philippine RTCs and MTCs is largely ministerial but strictly procedural. Begin with a clear written request, comply with identification and fee requirements, and respect privacy safeguards. When in doubt, address the Clerk of Court—they are the statutory custodian of all trial-level judicial records. A lawyer’s appearance usually expedites matters, but self-represented parties and researchers are equally entitled to access, subject to reasonable regulations.
Stay updated with new OCA circulars and the continued rollout of the eCourt platform, which is progressively transforming record-keeping from paper to secure, searchable digital files.