Below is a comprehensive discussion of how to obtain court clearances—often referred to as RTC (Regional Trial Court) Clearance or MTC (Metropolitan Trial Court) Clearance—for employment in the Philippines. While the process is generally uniform, it can vary slightly depending on local court policies and procedures. It is always advisable to check the specific requirements of the court where you plan to secure your clearance.

1. Introduction

Many employers in the Philippines require prospective hires to obtain various clearances as part of a background check. Besides the common NBI (National Bureau of Investigation) and police clearances, employers sometimes ask for clearances from local trial courts. These court clearances attest that the applicant has no pending civil or criminal cases within the jurisdiction of those courts.

RTC vs. MTC

RTC (Regional Trial Court): Handles more serious civil and criminal cases, typically involving higher penalties or larger monetary values.
MTC (Metropolitan Trial Court), MeTC (Metropolitan Trial Court in metro areas), or MCTC (Municipal Circuit Trial Court in grouped municipalities): Handles less serious offenses and smaller-value civil cases.

Depending on your locality and the employer’s requirements, you may need a clearance from the RTC, the MTC, or both. Some job postings specify exactly which clearance they need; others simply say “court clearance” without specifying. In either situation, it is important to confirm the type and jurisdiction with the employer or local court.

2. Why Employers Require Court Clearances

Verification of Criminal History: A court clearance helps confirm that the applicant has no pending criminal or civil cases within that court’s jurisdiction.
Establishing Trust and Integrity: Certain industries, especially those that handle sensitive, financial, or confidential matters, prefer applicants with a clean legal record.
Due Diligence: Employers want to minimize risks of hiring individuals who may be involved in unresolved litigation or have an ongoing criminal case.

3. Required Documents

While requirements can vary by location, here are the typical documents you will need:

Valid Government-Issued ID:
Examples include your driver’s license, passport, voter’s ID, PRC license, or UMID card.
Barangay Clearance (sometimes required):
Some courts ask for a current Barangay Clearance or Certificate of Residency to show that you reside in the court’s jurisdiction.
Police Clearance or NBI Clearance (if required by local policies):
In some localities, presenting an NBI or police clearance speeds up the process or is an added requirement to ensure no criminal records exist.
Payment (Exact Fee):
Court clearance fees differ by location, but typically range from PHP 50 to PHP 200. Administrative fees for documentary stamps or notarization can also apply.

Tip: Always bring multiple valid IDs and extra photocopies in case the court staff requests them.

4. Step-by-Step Procedure

Below is a general overview of the process. Your local court may have minor variations, but the flow is largely the same.

Identify the Appropriate Court
- If you live in or near a city with an RTC, you will likely go to the RTC in that city.
- For MTC clearance, go to the MTC that has jurisdiction over your place of residence.
- Verify whether your prospective employer wants an RTC, MTC, or both clearances.
Proceed to the Court’s Office of the Clerk of Court
- Go to the Office of the Clerk of Court (OCC). This office typically handles requests for court clearances.
- Ask where to file or request the clearance. You will usually be directed to a window or desk that deals with clearances.
Fill Out the Application Form
- You will be given a standard form. Provide your full name, current address, and other basic personal information.
- Some courts ask for additional details, such as your date of birth or purpose of the clearance (e.g., for employment).
Submit Requirements
- Present your valid IDs and any other documents required (e.g., barangay clearance).
- Hand over photocopies of the IDs if the staff requests them for official records.
Assessment of Fees
- The court staff will assess the fees for the clearance. This usually includes:
  - Clearance fee (official amount set by the judiciary or local ordinance).
  - Documentary stamp tax if required.
  - Other miscellaneous fees depending on local policy.
- Pay the fee at the designated cashier’s window or treasurer’s office. Keep the official receipt.
Verification Process
- The court staff will check their records to ensure you have no pending or decided cases in that jurisdiction.
- If the system or manual records show an existing or pending case under your name, the staff might ask for clarifications or additional documentation.
Issuance of Clearance
- Once the verification is complete and your application is approved, the clearance will be printed, signed, and officially sealed.
- Double-check that your name and personal details are correct.
Notarization (Where Required)
- Some courts may ask you to have the clearance notarized or pay for a certification fee to give it a raised seal or official stamp.
- This step is not always required, but if it is, they will instruct you on how to do so.
Release
- Depending on volume and the availability of personnel, you may receive your clearance the same day or be asked to return on a specific date. In many areas, it can be released within a few hours.

5. Fees and Validity

Fees:
Typically between PHP 50 and PHP 200, plus documentary stamps or miscellaneous charges. Fees vary depending on your location and local court regulations.
Validity:
Most employers accept court clearances if they are not older than six (6) months from the date of issuance. However, some institutions or government agencies require a more recent date (e.g., no older than three (3) months). Double-check the validity period set by your prospective employer.

6. Common Issues and Tips

Name Conflicts or “Hits”:
- If the database flags a name similar or identical to yours, you may need to provide additional proof of identity (e.g., birth certificate) or an affidavit of one and the same person.
- Court personnel must verify that you are not the individual with a pending case.
Jurisdictional Differences:
- Some localities require a Barangay Clearance or Police Clearance before they process a court clearance.
- Others have digitized systems and can quickly pull up your name in a database.
- Always check in advance by calling or visiting the court’s information desk.
Multiple Clearances:
- If your employer asks for an RTC clearance and an MTC clearance, you may have to apply for both separately.
- The process is similar, but you will need to go to the respective Clerk of Court offices for each.
Peak Seasons and Lines:
- Lines can be long during peak months (often March to May, or when government agencies have major hiring).
- Arrive early and set aside enough time to complete the process.
Check for Updates:
- Court processes are sometimes revised, and fees can change.
- It is recommended to contact or visit the court’s official website (if available) or call the OCC to inquire about the latest process, fees, and documentary requirements.

7. Legal Basis and Governing Rules

While there is no single, consolidated law stating “You must get an RTC or MTC clearance to work,” the requirement typically flows from the prerogative of employers (private or government) to verify that an applicant has no ongoing legal issues. In government offices, it may be mandated by Civil Service Commission or agency-specific policies.

Local courts derive their authority to issue certifications and clearances under the Administrative Code of the Philippines and relevant Supreme Court circulars that empower the courts to issue official documents upon request. Fees for such services are often set in accordance with guidelines issued by the Supreme Court, the Department of Finance (for documentary stamps), or local ordinances.

8. Frequently Asked Questions (FAQs)

Is an RTC clearance the same as an NBI clearance?
- No. An NBI clearance is a national check on all criminal records that may exist against you. RTC clearance only covers cases within that particular Regional Trial Court’s jurisdiction. Employers who request an RTC clearance often want to confirm you have no local or pending court cases.
Do I need both RTC and MTC clearances?
- It depends on the employer’s requirements. Some only require RTC clearance. Others ask for both, especially if they want confirmation of no local municipal-level cases. If in doubt, confirm with the company’s Human Resources department.
Can I designate someone else to get the clearance for me?
- Generally, you must appear personally because you need to fill out forms and show valid ID. Some courts allow authorized representatives with a Special Power of Attorney (SPA). Call ahead to confirm if this is permitted.
How long does it take to obtain the clearance?
- In many places, you can complete the process within a day. If the court is busy or you have a name “hit,” it can take longer. Some courts ask you to return the next day or within a few days.
What if my name appears in the court’s records?
- You will be asked to clarify the situation. You might need additional documents to prove that you are a different person or that the case is already dismissed or resolved. If there truly is a pending or unresolved case against you, it is unlikely you will be granted a clearance.

9. Conclusion

Obtaining an RTC or MTC clearance is a straightforward process but can require patience and attention to detail. By confirming the court’s requirements, bringing the correct documents, and showing up early, you can typically get your clearance within a day. Always coordinate closely with the employer to ensure you have the specific type of clearance they require, and keep track of validity periods to avoid having to reapply.

Above all, remember that procedures and fees can differ slightly from one locality to another. When in doubt, it’s best to call or visit your local Clerk of Court or check any available official sources to confirm the most up-to-date instructions. The details provided in this article should serve as a reliable guide, but local variation is always a possibility.

Disclaimer:

This article is provided for general informational purposes only and does not constitute legal advice. For specific questions regarding your situation, consult a licensed attorney or get official information directly from the local court where you intend to apply for clearance.