In the Philippine judicial system, the presence of parties and their counsel at scheduled hearings is not merely a matter of courtesy; it is a procedural mandate. The Rules of Court provide stringent guidelines and heavy penalties for non-appearance to ensure the "speedy, efficient, and inexpensive disposition of every action."
When a party fails to appear, the legal machinery does not simply pause; it often grinds forward, frequently to the detriment of the absentee.
I. Non-Appearance in Civil Cases
In civil litigation, the consequences of absence depend largely on which stage of the proceedings the failure occurs and which party is absent.
1. Failure to Appear at the Pre-Trial Conference
The pre-trial is perhaps the most critical stage where attendance is mandatory. Under Rule 18 of the Rules of Civil Procedure:
- Failure of the Plaintiff: If the plaintiff fails to appear without a valid cause, it is ground for the dismissal of the complaint. This dismissal is generally considered an "adjudication on the merits" unless otherwise stated by the court, meaning the plaintiff may be barred from filing the same case again.
- Failure of the Defendant: If the defendant fails to appear, the court shall allow the plaintiff to present evidence ex parte (without the defendant's participation). The court may then render judgment based on the evidence presented by the plaintiff alone.
2. Failure to Appear during Trial
If a party fails to appear during the actual trial for the presentation of evidence:
- Waiver of Right: The absent party is usually deemed to have waived their right to cross-examine witnesses (if they are the opposing party) or waived their right to present their own evidence.
- Postponements: Motions for postponement are generally discouraged and are only granted upon highly meritorious grounds, such as force majeure or valid medical emergencies supported by an affidavit and medical certificate.
II. Non-Appearance in Criminal Cases
In criminal law, the stakes involve personal liberty, making the consequences of non-appearance particularly severe.
1. The Accused
While an accused has the right to be present, this right can be waived—except at certain stages like arraignment, plea bargaining, and identification.
- Arrest Warrant: If an accused is out on bail and fails to appear for trial without a justified cause, the court will issue a Warrant of Arrest and order the forfeiture of the bail bond.
- Trial in Absentia: Under the Constitution, trial may proceed notwithstanding the absence of the accused, provided they have been duly notified and their failure to appear is unjustified. However, they lose the right to cross-examine the prosecution's witnesses.
2. The Prosecution Witness/Complainant
- Dismissal for Failure to Prosecute: If the private complainant or the essential prosecution witnesses repeatedly fail to appear, the defense may move for the dismissal of the case based on the accused's right to a speedy trial.
- Contempt: A witness who ignores a subpoena can be cited for Contempt of Court, leading to fines or imprisonment.
III. Direct and Indirect Contempt
Courts possess the inherent power to punish "contumacious" behavior. Failure to attend a hearing after being duly summoned via a subpoena ad testificandum constitutes Indirect Contempt under Rule 71.
If a lawyer fails to appear without prior notice or a valid "Motion to Reset," they may be fined or disciplined by the Integrated Bar of the Philippines (IBP) for violating the Code of Professional Responsibility and Accountability (CPRA), specifically for delaying the justice system.
IV. Remedies for Failure to Appear
If a party has already suffered the consequences of non-appearance, the law provides narrow windows for relief.
1. Motion for Reconsideration (MR)
The first line of defense is to file an MR within 15 days of receiving the order (e.g., the order of dismissal or the order to present evidence ex parte). The party must prove that their absence was due to FAME:
- Fraud
- Accident
- Mistake
- Excusable Negligence
2. Motion to Lift Order of Default/Ex Parte Presentation
In civil cases, if a defendant was barred from presenting evidence, they may file a motion to lift that order before judgment is rendered, showing that their failure was excusable and that they have a meritorious defense.
3. Petition for Relief from Judgment
Under Rule 38, if a judgment has already become final and executory, a party may file a verified petition within 60 days of learning of the judgment (and not more than 6 months after entry) praying that the proceedings be reopened due to FAME.
4. Annulment of Judgment
In extreme cases where a party was never notified of the hearing (lack of due process/jurisdiction) or where extrinsic fraud was employed to keep them away from court, a Petition for Annulment of Judgment may be filed under Rule 47.
V. Summary of Consequences
| Party | Stage | Primary Consequence |
|---|---|---|
| Plaintiff | Pre-Trial | Dismissal of the case (with prejudice) |
| Defendant | Pre-Trial | Plaintiff presents evidence ex parte; Judgment follows |
| Accused | Trial | Warrant of Arrest; Bail Forfeiture; Trial in Absentia |
| Witness | Trial | Contempt of Court; Bench Warrant |
| Counsel | Any stage | Fines; Disciplinary action; Contempt |
In the Philippine legal landscape, "showing up" is more than half the battle; it is a jurisdictional and procedural necessity. The courts generally favor the resolution of cases on their merits, but they will not hesitate to penalize laches, negligence, or the deliberate obstruction of the judicial process through non-appearance.