Philippine context – what it is, what it isn’t, and how to navigate it

I. What is an RTC court clearance?

A Regional Trial Court (RTC) clearance is a certification issued by the Office of the Clerk of Court (OCC) of an RTC stating, for example, that:

You have no pending civil and/or criminal case in that specific RTC; or
You have pending or decided cases, which are then listed in the clearance.

Important:

It covers only the records of that particular RTC (or that station).
It is not a nationwide clearance and does not check other courts, NBI, or police files.
It is often used to support employment, visa, licensing, candidacy, or other administrative applications where proof of “no pending case” is requested.

It is a court-issued document, distinct from:

NBI clearance – a national criminal record check based on fingerprinting and central data.
Police clearance – typically local to a city/municipality.

II. Legal and administrative basis

There is no single statute that says, “Here are the exact RTC clearance requirements and you must show an NBI certificate.” Instead, practice is based on:

The court’s inherent administrative powers
- Each RTC, through the Executive Judge and the Clerk of Court, is allowed to adopt administrative guidelines on issuing certifications and clearances.
Rules of Court & internal circulars
- The Supreme Court and the Office of the Court Administrator (OCA) issue circulars on:
  - Fees for certifications
  - Procedures for examining court records
  - Standard forms for certifications
Constitutional right to information
- Court records (subject to confidentiality rules) are generally open to inspection and certified copies can be requested.
- A court clearance is a more organized way of certifying the status of cases (or absence of cases) involving a person.

What you should note:

There is no general law that requires an NBI clearance as a mandatory prerequisite to get an RTC court clearance. Whether a particular RTC asks for NBI is usually a matter of local administrative policy, not statute.

III. Typical uses of RTC court clearance

Common reasons people request an RTC clearance:

Employer or agency requires “no pending case” certification from court.
For candidacy (elections) or appointment to certain positions.
For immigration/visa applications (some embassies accept or request local court certifications).
To clarify a “HIT” in NBI records (e.g., same name as someone with a case in that RTC).
As supporting document in name change, naturalization, or other judicial petitions.

Different agencies may prefer different combinations (NBI, police, RTC, prosecutor’s clearance). The RTC is only responsible for verifying its own docket.

IV. What an RTC clearance actually certifies

Depending on how the form is structured, an RTC clearance will usually:

Search the docket for your name (and sometimes variants).
Certify one of the following:
- That no criminal case and/or no civil case exists against you in that RTC; or
- That you are a party to specific case/s, which may be:
  - Pending;
  - Dismissed;
  - Decided (with details like case number, title, and nature).
Be signed by the Clerk of Court or their authorized representative, with:
- Official seal;
- OR number of the fees paid.

Limitations:

If you have a case in another RTC, MTC, or another city/province, this will not appear unless that court is specifically checked or separate clearances are obtained.
The clearance is not a guarantee that you have no record nationwide—only within that court’s jurisdiction.

V. Standard requirements for RTC court clearance

These vary by station, but the common baseline requirements usually include:

Personal appearance
- You usually need to appear in person at the Office of the Clerk of Court.
- Some courts may allow a representative with a special power of attorney (SPA), but personal appearance is still the norm.
Valid government-issued ID Examples:
- Passport
- Driver’s license
- PhilSys ID
- UMID/SSS, PRC ID, Postal ID, etc.
Duly accomplished application form
- Some RTCs have their own “Court Clearance Application” form where you indicate:
  - Full name and aliases
  - Date and place of birth
  - Address
  - Purpose of the clearance (employment, travel, etc.)
Recent photographs
- Commonly 1x1 or 2x2 ID pictures, sometimes 2 copies.
Community Tax Certificate (CTC/cedula)
- Some courts still ask for this as a secondary identity or residency document.
Payment of fees
- Certification / clearance fee (set by Supreme Court schedules).
- Legal Research Fund (LRF), if applicable.
- Sometimes a documentary stamp.

Notice: NBI clearance is not inherently part of this basic list. Many courts issue RTC clearances without ever asking for NBI, as long as identity is sufficiently established and the docket search is done.

VI. Why some courts ask for NBI — and what if you don’t have it?

Some RTCs, as a matter of local policy or caution, may:

Ask for an NBI or police clearance
Or ask for any ID + another proof, especially if:
- Your name is very common;
- There are namesakes in the docket;
- They need to ensure they’re searching and identifying the right person.

This is typically for identity verification, not because a law demands NBI as a prerequisite.

If you do not have NBI clearance and the court is insisting on it, there are usually three practical routes:

Ask if alternatives are allowed
- Some courts will accept:
  - Police clearance
  - Barangay clearance
  - Employer certification
  - Additional IDs
- The key is to give them enough confidence that you are who you say you are.
Explain your purpose and time sensitivity
- Example: you need the RTC clearance to later get NBI, or your employer will accept either NBI or RTC clearance.
- Sometimes, once purpose is clarified, the Clerk of Court may waive a “preferred but not mandatory” NBI requirement.
Follow the posted checklist
- If the court has a formally posted list explicitly requiring NBI, they may simply refuse to process without it.
- In that case, there is no quick legal remedy other than:
  - Complying with the requirement; or
  - Elevating the issue through an administrative query or complaint (which is slow and rarely used for something as small as a clearance).

Legally speaking:

A person has a general right to request records and certifications, but courts can regulate the manner of access, including reasonable requirements to confirm identity and avoid fraud.

They just cannot invent requirements that are plainly arbitrary or discriminatory (e.g., requiring NBI for some applicants but not others purely out of bias).

VII. Special situation: NBI “HIT” and court clearance

There is a reverse scenario worth understanding:

You first apply for an NBI clearance;
NBI reports a “HIT” because someone with your same name has a case in a certain court;
NBI instructs you to obtain RTC or MTC clearance from that court to confirm whether you are the same person as the accused or not.

Here:

The NBI is the one requiring the court clearance, not the other way around.
The usual requirements from the RTC then are:
- NBI document showing the case details or docket number;
- Your ID;
- Payment of court certification fees.

The question you raised (“requirements without NBI certificate”) is usually not about this scenario, but about getting an RTC clearance as a stand-alone document, not as part of NBI processing. Still, it’s useful to see how court clearance and NBI interact.

VIII. Can RTC court clearance substitute for NBI clearance?

In many situations: No, not automatically.

If an employer, embassy, or licensing body specifically requires “NBI clearance”, an RTC clearance will not replace it, unless they themselves agree to accept it as an alternative.
NBI clearance is a centralized national criminal record check, while an RTC clearance is court-specific.

However:

Some employers or agencies may be flexible and accept a combination of police + RTC + prosecutor’s clearance instead of NBI, particularly if NBI is difficult or delayed.
This is a policy decision of the employer or agency, not the court’s.

So, even if you successfully get an RTC clearance without NBI, you must still check whether the recipient of the document will accept it.

IX. Grounds for denial or qualified issuance of RTC clearance

The court may:

Refuse to issue a “clean” clearance if:
- There is a pending case where you are a party;
- There is a recent conviction or judgment on record.
Instead, it may issue a qualified clearance, stating:

“This is to certify that [Name] is/was a party in Criminal Case No. ___ for ___, which is [pending/decided/dismissed], based on records of this court.”

The court’s duty is not to “clean” your record, but to state the truth about its docket. If you have a case, the clearance will reflect it; if you don’t, it should say so.

If you believe the court record incorrectly shows a case against you (e.g., namesake, mistaken identity), that is no longer a “clearance” issue but a question of correcting or annotating records, which may require:

Administrative correction; or
In more serious cases, judicial proceedings to clarify identity or correct entries.

X. Practical steps to get RTC court clearance without NBI

Identify the correct court
- Go to the RTC in the city/province where the certification is needed or where you reside/where you anticipate issues (employer’s preference may matter).
- Look for the Office of the Clerk of Court (OCC).
Ask for the official checklist
- Check if NBI clearance is explicitly listed.
- If not, proceed with the usual requirements (IDs, photos, payment, form).
Prepare core documents
- At least one or two government-issued IDs.
- Recent ID photos.
- Cedula if required in that locality.
- Cash for the official fees.
Explain your situation if NBI is requested but you do not have it
- Say clearly:
  - You are applying specifically for RTC clearance,
  - You do not yet have NBI,
  - You are willing to present additional IDs or clearances (police, barangay) to prove identity.
Comply with reasonable identity requirements
- If the court allows substitution with police or barangay clearance, obtain those and return.
- If they insist on NBI as a matter of fixed local policy, you may ultimately have to prioritize obtaining NBI.

XI. Key takeaways

RTC court clearance is a court-issued certification about whether you have cases in that RTC.
There is no general law that says an NBI certificate is mandatory to get RTC clearance; requirements are mainly administrative and can vary per court.
Many RTCs will issue a clearance without NBI, based on:
- Valid ID
- Application form
- Photographs
- Payment of fees
- Docket search
Some courts, for identity verification, may prefer or require NBI or police clearance, but this is more about local policy than a universal legal rule.
RTC clearance does not automatically replace NBI clearance where specific rules or employers require NBI.
If you have pending or past cases, the clearance can still be issued, but it will reflect those cases truthfully.

For anyone with a specific, urgent need, the best practical move is to visit or call the particular RTC’s Office of the Clerk of Court, ask for their current checklist, and prepare documents to meet it—with or without NBI, depending on their posted policy.