What it means, when it starts and ends, and why it matters

I. What does “pending case” mean?

In Philippine court practice, a “pending case” is a case that has been filed with a court or tribunal and has not yet reached a final termination in accordance with law and procedure.

A case is generally considered pending when:

It has been formally filed and docketed (given a case number), and
It has not yet been finally disposed of, that is:
- No final judgment has become final and executory, or
- No order of dismissal or archiving has attained finality, or
- Further judicial action is still possible or ongoing.

“Pending” is therefore a status, not a specific stage. It applies while the case is alive in the system—from filing up to the point when all allowable remedies are exhausted or lapse.

II. When does a case start being “pending”?

A. Civil cases

A civil case becomes pending when:

A complaint (or petition) is filed in the proper court,
The corresponding docket fees are paid (without which the court may not acquire jurisdiction over the subject matter of the claim), and
The case is docketed and assigned a case number.

Even before summons is served, as soon as the case is properly filed and docketed, it already exists in the court’s records and is technically “pending”—although it may later be dismissed for lack of jurisdiction, improper venue, etc.

B. Criminal cases

For criminal cases, there are two important stages:

At the prosecutor level:
- When a complaint-affidavit is filed with the Office of the City/Provincial Prosecutor (or DOJ, NBI, PNP units) and preliminary investigation is ongoing, we often say there is a “pending complaint” at the prosecutor’s office.
- At this point, it is not yet a court case; there is no criminal case number before a court.
Before the court:
- Once the prosecutor files an Information (or the offended party files a private complaint in proper cases) with a court and it is docketed, a criminal case is pending in that court.
- From then on, it appears in court clearance searches as a pending criminal case until final termination.

C. Administrative and quasi-judicial cases

For administrative or quasi-judicial agencies (e.g., CSC, NLRC, Ombudsman, PRC), a case is pending when:

A complaint or charge is filed,
The agency dockets the case and initiates formal proceedings,
It remains unresolved or subject to appeal.

While not strictly “courts,” these bodies also use the term “pending case” in their own context.

III. When does a case stop being “pending”?

A case stops being pending when it is:

Dismissed with finality, or
Decided with a final and executory judgment, or
Formally terminated in some other legally recognized way (e.g., archived then later dismissed, or extinguished by death in criminal cases).

A. Final and executory judgment

A judgment becomes final and executory when:

The period to appeal has lapsed without an appeal being filed; or
All remedies (appeal, motion for reconsideration, petition for review, etc.) have been exhausted or denied; and
The court issues an Entry of Judgment (in appellate courts) or the time to question the judgment has expired (in trial courts).

Once final and executory:

The case is generally no longer “pending” in the deciding court with respect to the merits.
Proceedings may continue for execution of the judgment (e.g., payment, delivery of property, imprisonment, etc.), but the case status is usually “decided” or “terminated,” not “pending.”

B. Dismissal

A case is no longer pending if it has been:

Dismissed for lack of jurisdiction, failure to prosecute, compromise, withdrawal, or other grounds; and
The dismissal has become final (no timely appeal or motion for reconsideration).

If a dismissal order is still subject to challenge within the allowable period, some may still loosely refer to the matter as “pending,” especially in the context of clearances, but technically it is already dismissed subject to possible appeal.

C. Archival vs. termination

Courts sometimes archive cases, especially criminal cases, where:

The accused cannot be found,
The accused is at large,
The complainant cannot be located, or
Certain conditions prevent immediate prosecution.

An archived case is still pending, just “inactive” for the time being. It has not been dismissed; it waits for revival when conditions change.

IV. Meaning of “pending case” in court clearances

When you request a court clearance, the question is often:

“Do I have a pending case?”

In court records, a case may be described as:

Pending – still undergoing trial, pre-trial, hearings, or awaiting resolution.
Decided – judgment rendered; may or may not be final.
Dismissed – terminated without a judgment on the merits, or with final dismissal.
Archived – not actively tried but not dismissed.

For clearance purposes:

Courts typically identify all cases where you are a party and specify whether each is pending, decided, or dismissed.
If you have no case at all in that court, the clearance will say something like “no pending and no decided case” or “no record on file,” depending on the format.
If you have pending cases, the clearance will not say “no pending case” but instead list them or state that there is/are pending case/s.

Important nuance:

A case on appeal can be “pending” in the appellate court (Court of Appeals, Supreme Court), even if the trial court case is marked “decided” at the RTC level.
Thus, you can have no pending case in RTC X but still have a pending case in the Court of Appeals arising from that RTC decision.

V. Stages of a “pending case”

A. Civil case stages (still considered pending)

Civil cases are pending throughout the following stages, among others:

From filing of complaint up to service of summons.
Pre-trial and mediation or other alternative dispute resolution.
Trial – presentation of evidence.
Submission for decision – case is submitted for resolution but decision not yet issued.
Post-judgment but pre-finality – judgment rendered but still within appeal period, or with pending motion for reconsideration/appeal.

Even during settlement negotiations, as long as no final dismissal or judgment has attained finality, the case is still pending.

B. Criminal case stages (still considered pending)

A criminal case in court is considered pending while:

Arraignment has yet to be held, or has been held and:
Pre-trial, trial, or bail proceedings are ongoing.
Judgment has not yet been promulgated; OR judgment has been promulgated but:
- Appeal is still allowed and not yet resolved, or
- A motion for reconsideration or new trial is pending.

Even after conviction or acquittal, if any proper remedy is still timely available or actually filed, the criminal case is functionally still pending at some level of the judicial system.

VI. Effects and implications of having a pending case

A. For employment and travel

Many employers, agencies, and embassies ask applicants to declare whether they have pending civil or criminal cases.

Having a pending case:

Does not automatically disqualify a person from employment or travel (that depends on the employer/agency policy),
But can be viewed as a factor in assessing:
- Trustworthiness (especially for positions involving money, security, or public office),
- Risk of unavailability (if imprisonment or heavy court appearances are possible).

For overseas employment or travel, a pending serious criminal case (especially one with hold-departure orders) can cause problems at the airport, while a simple civil case generally does not.

B. For government appointments and electoral candidacy

Certain government positions, licenses, or candidacies may require:

No pending criminal case involving moral turpitude,
Or at least disclosure of any pending administrative or criminal case.

Whether a pending case constitutes a legal disqualification depends on the specific law governing that position or office. Sometimes, only conviction is disqualifying; in other cases, serious pending charges may lead to suspension or denial.

C. For bail and provisional liberty

In criminal cases:

While a case is pending, the accused may be:
- In detention, or
- Out on bail or recognizance, depending on the offense and court orders.

The pending status of the case directly affects their freedom of movement and legal obligations, such as appearing in court when required.

D. For prescription and double jeopardy

A pending case tolls (suspends) certain prescriptive periods: once a criminal case is validly filed and pending, the crime is not prescribing while the case is active.
If a case is dismissed without trial, whether it bars refiling or creates double jeopardy depends on:
- Whether the dismissal was with the accused’s consent,
- Whether it was equivalent to acquittal on the merits,
- The exact grounds and wording of the dismissal.

VII. Special situations related to “pending case” status

A. Provisional dismissal in criminal cases

A provisional dismissal (e.g., due to unavailable witnesses or complainant) can lead to:

The case being considered dismissed but revivable within certain timeframes;
Application of special rules where, if the case is not refiled or revived within a certain period, the dismissal may become permanent and the offense prescribed.

During provisional dismissal, courts and parties often still refer to the matter as a past pending case, but technically, there is no active pending case in court unless revived.

B. Archived cases vs. directly dismissed cases

If a case is archived:

It remains pending but inactive, subject to revival.
It will often still appear in court records as a pending case (archived), especially for clearances.

If a case is dismissed:

It is not pending, unless a motion for reconsideration or appeal is timely filed.
For clearance purposes, the court may list it as a dismissed case, which is distinct from a “pending case.”

C. Pending on appeal

A case may be:

No longer pending in the trial court (because judgment was rendered), but
Pending on appeal in the appellate court.

Thus, answers to “Do you have a pending case?” must sometimes distinguish between level of court:

“No pending case in any trial court” vs.
“I have a case pending in the Court of Appeals/Supreme Court.”

VIII. How “pending case” is usually phrased in documents

In legal forms, affidavits, or application forms, you might see:

“Do you have any ongoing, pending or decided criminal/civil cases?”
“Have you ever been accused or convicted of a crime?”
“Do you have pending administrative, civil, or criminal cases in any court or agency?”

Answering these truthfully requires understanding:

A case is pending from the time it is docketed until it is finally dismissed or finally decided with no further remedies.
Even if you were acquitted, you may still have to disclose that you previously had a criminal case, but you no longer have a pending case—it was decided.

IX. Practical guidance: How to check if you have a pending case

Court Clearance
- Request a clearance from the Metropolitan/Municipal Trial Court (MTC/MeTC) and Regional Trial Court (RTC) in the area where you live or worked, or where you suspect a case might exist.
NBI clearance
- An NBI “HIT” may indicate there is a criminal case or record with similar names, prompting you to verify with the indicated court.
Ask counsel (if you had a lawyer)
- Your lawyer can check the case status and whether any appeal or motion is still pending.
Follow up with relevant agencies
- For administrative or quasi-judicial bodies, inquire about the case status to know if it is pending, decided, suppressed, or closed.

X. Summary

A pending case in Philippine courts is any case that has been filed and docketed and is not yet finally dismissed or finally decided.
It applies to civil, criminal, and administrative/quasi-judicial cases.
The status “pending” matters for:
- Court clearances
- Employment and travel requirements
- Applications for licenses, candidacy, or public office
- Bail, liberty, and enforcement of legal obligations
Cases may be pending in different stages, including on appeal, and the label may differ depending on the court level.
A case stops being pending only when it is finally terminated—by final, executory judgment, final dismissal, or other recognized mode of extinguishment.

Anyone with doubts about their own situation should consider checking with the relevant courts and agencies and, when necessary, seeking advice from a Philippine lawyer to interpret the exact status and legal consequences of any case that appears under their name.