(Philippine legal context – general information only, not legal advice)

I. What does “pending case” actually mean?

In Philippine courts, a pending case is a case that has been filed and docketed but has not yet been finally terminated by a judgment or order that is final and executory (and, in some situations, already fully implemented/executed).

In practice, a case is considered pending if:

It is still ongoing (hearings, motions, trial, appeals, etc.), or
It has been decided, but the decision is not yet final (still within the period for appeal or motion for reconsideration, or currently on appeal), or
It has been archived or provisionally dismissed, but may still be revived or acted upon.

So when people say “may pending case ka”, they usually mean:

Your name appears as a party (often as an accused/defendant or respondent) in a case that has not yet reached final closure in the courts.

II. The life cycle of a case: where “pending” fits

To understand “pending,” it helps to see the usual stages of a case.

1. For criminal cases (simplified)

Complaint / incident – filed before the prosecutor or directly in court (for certain cases).
Preliminary investigation / inquest – prosecutor determines whether to file the case in court.
Filing of Information in court – case gets a docket number; this is when “may kaso ka sa korte” formally starts.
Issuance of warrant/summons, arrest or voluntary surrender.
Arraignment and plea.
Pre-trial conference.
Trial / presentation of evidence.
Decision (judgment) – conviction or acquittal.
Post-judgment remedies – motion for reconsideration/new trial, appeal to higher courts.
Finality of judgment – decision becomes final and executory, and an entry of judgment is made.
Execution – e.g., service of sentence, payment of fines, enforcement of civil liability.

From the moment the case is filed in court until the judgment is final and fully resolved, the case is usually regarded as pending in some form.

2. For civil and other cases

Basic flow:

Filing of Complaint/Petition (civil case, special civil action, special proceeding, etc.).
Issuance of summons, answer, possible counterclaims.
Pre-trial.
Trial / hearings.
Decision / judgment.
Post-judgment motions and appeals.
Finality and entry of judgment.
Execution (e.g., levy, garnishment, delivery, partition, etc.).

Again, from filing up to finality (and often until full execution), many systems treat the matter as “with pending case”.

III. “Pending” vs. other common case status labels

Different courts and systems (NBI, police, HR, etc.) use slightly different terms, but you’ll commonly see:

1. Active / Pending

The case is on the court’s active docket, with regular settings (hearings, motions, conferences).
There is no final judgment yet, or there is a judgment still subject to appeal or further proceedings.

2. Submitted for Decision / Resolution

The presentation of evidence is finished.
Parties have filed their memoranda (if required).
The case is now awaiting the judge’s decision or resolution of a motion.
The case is still pending, but at the decision-writing stage.

3. Archived

“Archived” does not necessarily mean “dismissed” or “closed.”

Common reasons for archiving:

The accused in a criminal case cannot be arrested (at large, cannot be found).
Necessary parties cannot be served with summons despite diligent efforts.
The case is temporarily interrupted by a prejudicial question, insolvency proceedings, death of a party requiring substitution, or other supervening events.

The case is removed from the active calendar, but:

It remains on the docket,
It can be revived when the reason for archiving disappears (e.g., accused is arrested).

In many clearances, an archived case is still treated as “pending” because it has not been finally resolved.

4. Provisional Dismissal

In criminal cases, a provisional dismissal is a dismissal subject to certain conditions, for example:

Dismissal upon motion of the prosecutor with the express consent of the accused, or
Dismissal based on some temporary ground.

If certain time periods lapse without the case being revived, the dismissal may become permanent and bar further prosecution under rules and jurisprudence (this can be technical).

While the dismissal is provisional or within the revival period, many institutions still treat the case as “pending” or potentially revivable.

5. Dismissed (with or without prejudice)

A case “dismissed” is, on its face, no longer pending in that court. But there are two key notions:

Dismissed with prejudice – the case cannot be refiled on the same cause of action (subject to rare exceptions); effectively final as to that court.
Dismissed without prejudice – the case may be filed again (reanewed complaint, corrected pleading, etc.), so underlying issues may resurrect.

For criminal cases, certain dismissals may bar re-filing (e.g., acquittal, dismissal on the merits, double jeopardy situations). Others might allow refiling.

From a court docket perspective, a dismissed case is usually no longer “pending.” But background checks (e.g. NBI HIT) may still show that a person previously had a case, even if no longer pending.

6. Decided / For Entry of Judgment / Final & Executory

Decided – the court has rendered a decision, but it may still be appealable.
Entry of judgment – once no more appeals/motions are allowed or all have been resolved, the decision becomes final and executory and is entered in the court’s Book of Entries of Judgments.
Final & executory – judgment is final; parties can no longer question it through ordinary remedies.

At this fully final stage, the case is no longer considered “pending” in the sense of uncertainty, although:

Post-judgment proceedings like execution may still be ongoing (e.g., collecting damages in a civil case, serving a sentence in a criminal case).

IV. Criminal “pending case” – what it means for the accused

1. Presumption of innocence and pending case

Even with a criminal case pending, an accused is:

Still presumed innocent until conviction by final judgment.

However, the practical effect of a pending criminal case can be significant:

Bail conditions and travel restrictions.
Hold Departure Orders (HDOs) or watchlist orders in certain cases and courts.
NBI / police clearance hits (“with derogatory record” or “with pending case”).
Employment or visa background checks.

2. Rights while the case is pending

An accused has, among others:

Right to due process, counsel, and to be informed of the accusation.
Right to bail (for most offenses) while the case is pending, unless charged with a non-bailable offense and evidence of guilt is strong.
Right to speedy trial – the case cannot be allowed to drag on unreasonably; prolonged pendency can be challenged (e.g., motions to dismiss on violation of speedy trial rights, or for denial of due process).

If the case is pending for a long time, the accused can:

Ask the court to dismiss the case on the ground of inordinate delay or violation of speedy trial, depending on facts and jurisprudence.
Ask the court to lift or modify conditions that are overly burdensome relative to the stage or nature of the case.

3. Pending conviction vs. final conviction

Pending case with no judgment yet – still at trial or earlier stages.
Pending appeal – accused may have been convicted, but the conviction is not yet final due to appeal.
While on appeal, the case is still pending before the appellate court, and presumption of innocence can continue in various forms, depending on specific rules and case law.

In background checks, this is usually still labeled as “with pending case”, even if there is already a conviction at the trial court level but appeal is ongoing.

V. Civil “pending case” – effects and implications

For civil cases, “pending” primarily affects:

Rights and remedies of the parties

While the case is pending, rights and obligations are in a state of dispute; nothing is final.
Parties must maintain status quo when required (e.g. through injunctions or temporary restraining orders).

Lis pendens

A notice of lis pendens may be annotated on property titles to notify third parties that a property is subject to a pending litigation (often in real estate or ownership disputes).
Third parties who buy such property take it subject to the outcome of the pending case.

Settlement and compromise

At any point while a case is pending, parties may settle or enter into a compromise agreement, which, once approved by the court, can terminate the case.

Attachment and injunctions

While pending, the court can issue provisional remedies:
- Preliminary attachment
- Preliminary injunction
- Receivership, replevin, etc.
These secure the effectiveness of the judgment once the pending case is decided.

Once the civil case is dismissed with finality or judgment becomes final, the case ceases to be pending, and parties move to execution or compliance.

VI. Pending cases on appeal

1. Court of Appeals, Sandiganbayan, Court of Tax Appeals, Supreme Court

Cases pending in higher courts are still pending cases, just at a different level of the judiciary:

Court of Appeals (CA) – handles appeals from RTCs and various quasi-judicial bodies.
Sandiganbayan – handles certain cases involving public officials (criminal and civil aspects).
Court of Tax Appeals (CTA) – handles tax-related cases.
Supreme Court (SC) – final arbiter; handles appeals on questions of law, among others.

While a case is:

On ordinary appeal (e.g., to CA or CTA), or
Being reviewed via petitions (e.g., petitions for review, certiorari),

the matter is still pending in the court system. It stops being pending only when a final judgment is rendered, no further remedies are available or availed of, and entry of judgment is made.

2. Sub judice and public comment

When a case is pending in court, especially in higher courts, the sub judice rule discourages:

Public comment or media commentary that could affect the court’s impartiality.

This is more of a contempt / professional responsibility area, but it underscores that “pending” means still under judicial consideration.

VII. How does “pending case” affect clearances and records?

1. NBI, police, and court clearances

When you apply for:

NBI clearance,
Police clearance,
Court clearance,

you may encounter:

A “HIT” or remark indicating a pending or past case.

The internal classification varies, but generally:

If there is a case with no final dismissal or final acquittal reflected in their system, it may be treated as “pending”.
To clear this, you may need to:
- Present certified copies of orders (e.g., dismissal, acquittal, finality), or
- Get a court certification that the case has been terminated.

2. Employment, travel, and visas

Employers, embassies, and immigration authorities may ask:

“Do you have a pending case?”

From a legal standpoint, this usually refers to cases that are still being litigated or not yet finally resolved.

Issues:

Honesty is critical; misrepresentations can cause bigger problems than the pending case itself.
Some institutions distinguish between:
- Criminal vs. civil pending cases,
- Minor vs. serious offenses,
- Trial court decision vs. final conviction.

But many simply treat any pending criminal case as a red flag until resolved.

VIII. When is a case truly “no longer pending”?

In general, a case is no longer pending when:

There is a final judgment or order, and
That judgment or order is final and executory, shown by:
- Lapse of appeal periods without appeal, or
- Denial of all timely appeals/motions,
- Issuance of entry of judgment by the court.

PLUS, in many practical scenarios:

For peace of mind and clear records, it is good to have:
- Certified true copies of dismissal/acquittal/final judgment,
- Court certification that the case is terminated and closed,
- Clearance from authorities (e.g., updated NBI / court clearance) reflecting that there is no more pending case.

Remember that:

Archived or provisionally dismissed cases may not be truly closed; they can be revived under certain conditions.
Appealed decisions remain part of a pending controversy until the appeal is finally resolved.

IX. Practical tips if you have (or might have) a pending case

These are general pointers. For actual situations, consult a Philippine lawyer.

Find out the exact status from the court.
- Go to the Clerk of Court of the court where the case is filed.
- Ask for:
  - Case status,
  - Latest orders or decisions,
  - Copy of entry of judgment if the case is supposedly final.
Get certified copies of key orders.
- Dismissal order,
- Judgment of acquittal or conviction,
- Order of archiving, provisional dismissal, etc.,
- Entry of judgment.
Clarify with your lawyer what “pending” means in your situation.
- Is the case on trial, submitted for decision, on appeal, or archived?
- Are there pending motions?
- Is there a risk of revival or refiling?
For clearances, bring supporting documents.
- If you know you had a case before—even if dismissed—bring proof so the NBI or court can annotates it properly and, when applicable, clear your record as “no pending case”.
Monitor timelines.
- Keep track of appeal periods, motion deadlines, and the date decisions supposedly became final.
- If a case is dragging for years without action, discuss with counsel whether to invoke right to speedy disposition of cases or seek other relief.

X. Key takeaways

A pending case in Philippine courts is one that has been filed and docketed but not yet finally resolved by a final and executory judgment or order.
Cases can be active, archived, submitted for decision, on appeal, or provisionally dismissed – many of these are still functionally “pending.”
A case is generally no longer pending when:
- It is dismissed with finality,
- There is a final acquittal or conviction, and
- An entry of judgment has been made (and, often, execution concluded).
Pending criminal cases can affect bail, travel, employment, and clearances, even though presumption of innocence still applies.
Pending civil cases can affect property rights, contracts, and third parties through mechanisms like lis pendens and provisional remedies.
If you are unsure whether you have a pending case or what its status is, the safest move is to:
- Check directly with the court where the case was filed, and
- Consult a Philippine lawyer for precise interpretation and advice.