Requirements for Obtaining Judicial Clearance in the Philippines

This practical guide covers what “judicial clearance” usually means in the Philippine setting, who asks for it, where to get it, what you need to bring, the process, fees, timelines, limitations, and common pitfalls—plus templates you can reuse. It’s written for individuals, HR/procurement officers, and counsel who need a clear, end-to-end view.

1) What “Judicial Clearance” Means (and what it doesn’t)

“Judicial clearance” isn’t the title of a single nationwide document created by statute. In practice, it’s a court-issued certification—most commonly a Certificate of No Pending Case (CNPC) or a case status certification—used to show that a person:

has no pending criminal and/or civil case in a specific court (or set of courts), or
if there is/was a case, what the status is (e.g., dismissed, archived, decided, final).

Not the same as:

NBI Clearance – nationwide check of criminal records and derogatory entries.
Police Clearance – locality-based police blotter check.
Prosecutor’s Office Certification – executive branch record (e.g., no pending complaint/inquest), not a court record.

Bottom line: a court certificate is court-scope, not a national “all courts” pass. Many recipients will accept NBI clearance in lieu of multiple court clearances; others (some LGUs, employers, embassies) ask both.

2) When People Are Asked for It

Employment / HR pre-employment (especially for sensitive posts)
Local permits (some LGUs for business/tricycle/franchise applications)
Immigration/visa or adoption/guardianship dossiers (as an added safeguard)
Government bidding (depending on the specific Bidding Documents)
Firearm licensing & other regulated activities (some agencies still ask for it in addition to NBI)

Always check the exact wording: do they need “from the RTC,” “from the first-level courts,” or “any court with jurisdiction over [city/province]”?

3) Types of Court Certifications You Can Request

Certificate of No Pending Criminal Case – by name (and aliases) search.
Certificate of No Pending Civil Case – same, for civil docket.
Combined certificate (criminal + civil) – if the court offers a merged form.
Case Status Certification – if a case exists, indicates status (dismissed, decided, appealed, etc.).
Certified True Copy (CTC) of a decision/order/entry of judgment – often attached if the status matters.
Historical “no record of conviction” in that court – less common; wording depends on the court.

Scope warning: Each certificate covers only the issuing court’s docket. If a recipient wants coverage for a whole city/province, you may need certificates from both first-level courts (MeTC/MTCC/MTC/MCTC) and the RTC whose territorial jurisdiction includes your residence/workplace—or whatever coverage the recipient specifies.

4) Where to Apply

Office of the Clerk of Court (OCC) – RTC of the city/province for cases docketed in the RTC.
OCC – First-Level Courts (MeTC/MTCC/MTC/MCTC) for first-level dockets.
In multi-branch halls of justice, the OCC usually consolidates requests; remote branches may issue their own.

Pro tip: If a recipient wants “no pending case within [City],” ask the OCC which specific courts to cover so you don’t miss one.

5) Who Can Apply

The person named in the certificate (bring valid ID).
An authorized representative (bring signed authorization letter and photocopies of both IDs).
Parents/guardians of minors (bring PSA birth certificate/guardianship papers).
For foreigners: passport and ACR (if applicable).

6) Documentary Requirements (typical)

Duly filled request form (available at the OCC; some courts also accept letters—see template below).
Valid government ID (original + photocopy).
Details for the search: full name, all aliases/maiden name/spelling variants, birthdate, current and past addresses.
Official receipt (after payment).
If to be used abroad: ask for CTC with dry seal; plan for DFA Apostille afterward.

Some counters may also ask for a 1×1/2×2 photo or a copy of a previous NBI clearance to clarify identity—bring them just in case.

7) Fees & Legal Basis

The Supreme Court sets court legal fees (Constitution, Art. VIII, Sec. 5[5]) via the Revised Schedule of Legal Fees (administrative matters, as amended from time to time).
Expect modest certification fees per certificate, plus standard documentary and library/research add-ons where applicable.
Fees vary by court and certificate type. Bring small bills.

8) Step-by-Step Process

Identify coverage Ask the recipient what coverage they require (e.g., “RTC and MTC of Quezon City”). List each office you must visit.
Prepare documents ID(s), authorization (if any), aliases/old names, and optional NBI clearance for identity clarification.
Go to the OCC Request the Certificate of No Pending (Criminal/Civil) Case or Case Status Certification. Specify name variants and time window if needed.
Pay fees You’ll be directed to the cashier; keep the official receipt.
Records search Staff will search their docket indices/e-dockets. If a namesake appears, you may be asked to prove you are not that person (middle name, birthdate, ID, etc.).
Release Certificates are often released same day to 3 working days depending on volume/verification.
For foreign use After release, have the document Apostilled at DFA (with the clerk’s signature verified on file). Bring the CTC with dry seal.

9) Validity, Coverage, and Limitations

Validity period: No statute fixes one. Recipients usually accept certificates issued within 30–90 days; some insist on 30 days. Always check the addressee’s rule.
Coverage limitation: A certificate proves only what the issuing court’s records show. It does not confirm the absence of cases in other courts.
Namesakes/HITs: If a similar name appears, ask for a certificate that includes full middle name, birthdate, and address, or a status certification clarifying that the case involves a different person.
If a case exists: You won’t get a “no pending” certificate; you can request a status certification (e.g., “dismissed on [date], final and executory on [date]”).

10) Data Privacy & Representation

Courts collect personal data for identity verification—this falls under the Data Privacy Act (RA 10173).
If you’re authorizing someone else, give a specific, signed authorization with IDs. Courts will not usually release your record to third parties without it.

11) Practical Scenarios & Tips

HR asking “judicial clearance from city of X” Get RTC-OCC and first-level OCC certificates for that city. Ask HR if civil + criminal are both needed.
Embassy asks “no court case” Some accept NBI alone; others want court certificate(s) from your residence city. Provide both to be safe.
Procurement If the Bidding Documents say “judicial clearance,” clarify which courts and which case types (criminal, civil, both).
Common names List all middle names, suffixes (Jr./III), maiden name, and consistent birthdate. Bring PSA-issued documents if needed.
Using abroad Always request CTC with dry seal and plan the DFA Apostille step.

12) Frequently Asked Questions

Q: Can I get one certificate that covers the entire Philippines? A: No. Court certificates are court-specific. For nationwide coverage, use NBI clearance; add court clearances if specifically required.

Q: Do I need both RTC and MTC certificates? A: If the recipient wants coverage for a city/province, usually yes—one from the RTC OCC and one from the first-level OCC.

Q: How long does it take? A: Often same day to 3 working days, depending on the docket search and workload.

Q: What if I actually have a pending case? A: The court can issue a status certification. If it’s already dismissed/decided, you may request the decision, entry of judgment, or certificate of finality.

Q: My name changed (marriage/annulment). Which name do I use? A: Provide current legal name and disclose former names/aliases for a thorough search.

13) Templates You Can Reuse

A) Request Letter (if your court uses letters instead of forms)

[Date]

The Office of the Clerk of Court
[RTC or MeTC/MTCC/MTC/MCTC of ________]
[Judicial Region / Hall of Justice Address]

Re: Request for Certificate of No Pending [Criminal/Civil] Case

Dear Clerk of Court:

I, [Full Name], born on [Birthdate], presently residing at [Address], respectfully request the issuance of a Certificate of No Pending [Criminal/Civil] Case under my name and the following variants: [List aliases/maiden name/spelling variants].

This certification will be used for [purpose: employment/visa/LGU permit/etc.]. Attached are copy/ies of my valid ID/s.

Thank you.

Very truly yours,

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

B) Authorization Letter

[Date]

To: The Office of the Clerk of Court
[RTC or MeTC/MTCC/MTC/MCTC of ________]

I, [Your Name], authorize [Representative’s Name], of legal age, to request and claim on my behalf the following document/s:
- Certificate of No Pending [Criminal/Civil] Case / Case Status Certification

Reason: [State reason].

Attached are copies of our valid government IDs.

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

14) Quick Checklist (printable)

Confirm which courts and which case types (criminal/civil) the recipient requires
Bring valid ID (+ photocopy), optional 1×1/2×2 photo, and NBI (if you have it)
Prepare aliases/maiden name/spelling variants and past addresses
If sending a representative: authorization letter + both IDs
Ask for CTC with dry seal if you’ll use it abroad, then DFA Apostille
Keep the official receipt and release stub

15) Final Notes

Court practices (forms, exact fees, release cut-off times) vary by station and may change via Supreme Court/OCA circulars. Treat the steps above as a field-tested baseline and confirm nuances at the window.
When a recipient is vague (“submit judicial clearance”), clarify scope early to avoid multiple trips.
For nationwide assurance, pair court certificates with NBI clearance.

This article provides general information and is not a substitute for legal advice tailored to your circumstances. If the stakes are high (e.g., immigration, procurement, sensitive employment), consider consulting counsel to align the exact scope and wording the recipient expects.