In the Philippines, a Court Clearance is an essential document often required for employment, firearms licensing, overseas travel, or various government transactions. It serves as official certification from the judiciary that an individual has no pending criminal cases or active warrants within a specific jurisdiction.
Unlike a National Bureau of Investigation (NBI) clearance, which is nationwide in scope, a Court Clearance is typically issued by the Municipal Trial Court (MTC), Municipal Trial Court in Cities (MTCC), or the Regional Trial Court (RTC) of a particular municipality or city.
I. Necessary Requirements
Before proceeding to the courthouse, ensure you have the following documents ready to avoid delays. Requirements may vary slightly between jurisdictions, but the standard set includes:
1. Proof of Identity
You must present at least two (2) valid government-issued IDs. Accepted IDs generally include:
- Philippine Passport
- Driver’s License
- SSS / GSIS / UMID Card
- PhilID (National ID)
- PRC License
- Voter’s ID or Certification
2. Barangay Clearance
Most courts require a current Barangay Clearance from your place of residence to prove that you are a resident of the community and have a good standing locally.
3. Police Clearance
In many jurisdictions, a local Police Clearance is a prerequisite for the issuance of a Court Clearance.
4. Recent Photographs
Prepare at least two (2) 2x2 colored ID pictures with a white background. Some courts now use digital capturing, but bringing physical copies is a safe precaution.
5. Community Tax Certificate (Cedula)
A Cedula issued for the current year is mandatory for most legal transactions in the Philippines.
II. Step-by-Step Procedure
The process for obtaining a Court Clearance is generally straightforward and can often be completed within a single day, depending on the volume of applicants.
Step 1: Visit the Office of the Clerk of Court
Go to the Hall of Justice of the city or municipality where you reside or where the clearance is required. Locate the Office of the Clerk of Court (OCC).
Step 2: Fill Out the Application Form
Request an application form for a Court Clearance. Ensure all information provided is accurate and matches your valid IDs. Double-check the "Purpose" field (e.g., "For Employment," "For Multi-purpose Use," "For CIDG").
Step 3: Payment of Fees
Submit your form for assessment. Once assessed, you will be directed to the Cashier to pay the processing fees.
- Judiciary Development Fund (JDF) and General Fund fees are standard.
- Legal Research Fee (LRF) usually costs around ₱10.00 to ₱30.00.
- Total costs typically range from ₱150.00 to ₱500.00, depending on local ordinances and the specific type of court (RTC vs. MTC).
Step 4: Clearance Verification (The "Name Search")
The Clerk of Court will conduct a record check using the court’s database to see if your name appears in any criminal dockets (pending cases).
Step 5: Document Processing and Signing
If there are no "hits" or pending cases, the clearance will be printed. It must be signed by the Clerk of Court and, in some jurisdictions, the Executive Judge.
Step 6: Final Issuance
Once signed, the document will be embossed with the Official Seal of the Court. You may be asked to provide a thumbprint on the document before it is released to you.
III. Handling a "Hit" or Record Match
If the database shows a "hit" (a case associated with your name), the procedure changes:
- If the case is yours: You must provide a Certified True Copy of the Court Order or Decision showing the case status (e.g., Dismissed, Acquitted, or Terminated).
- If it is a "Same Name" issue: If the person in the record is not you (aliases or different birthdates), the court may require an Affidavit of Denial to certify that you are not the individual mentioned in the court records.
IV. Validity and Scope
- Validity: A Court Clearance is typically valid for six (6) months from the date of issuance.
- Jurisdiction: A clearance from the RTC of Quezon City only certifies that you have no cases in the RTC of Quezon City. It does not cover cases in other cities or provinces. For a broader check, an NBI Clearance is more appropriate.