Here’s a practical, practice-tested explainer—Philippine context—on what you (as plaintiff, or as court/counsel) can do when the defendant fails to file a pre-trial brief. This focuses on civil actions (the setting where the “pre-trial brief” is expressly required and where the remedy is clearest). It also flags criminal/family-court wrinkles where relevant. Not legal advice; treat this as your courtroom playbook.

The legal backbone (what the Rules say, in plain language)

Pre-trial is mandatory. Parties and counsel must appear and must file/serve a pre-trial brief.
Failure to file a pre-trial brief has the same effect as failure to appear at pre-trial. In civil cases, that means:
- If plaintiff fails: case may be dismissed (usually with prejudice unless the court says otherwise).
- If defendant fails: plaintiff may present evidence ex parte, and the court may render judgment on that evidence.
The court may also impose sanctions (fines, contempt, cost shifting) and preclusion (witnesses/exhibits not listed cannot be presented, absent good cause).

Translation: A missing pre-trial brief from the defendant can trigger default-like consequences (though this is not Rule 9 default). The judge can proceed to receive plaintiff’s evidence without the defendant’s participation and decide the case.

What the pre-trial brief should have (why it matters when it’s missing)

A compliant pre-trial brief in civil cases typically contains:

Admissions/denials and proposed stipulations;
Material facts & issues to be tried (factual and legal);
List of witnesses (with brief testimony summaries);
Documentary/object evidence with markings attached or identified;
Discovery status and available dates for continuous trial;
Special matters (e.g., need for interpreters, ESI protocols, mediation/JDR position).

If the defendant files nothing, they effectively waive their chance to:

Shape or limit the issues;
Pre-mark and present unlisted witnesses/exhibits (precluded absent good cause);
Seek fruitful stipulations that could narrow proof.

Immediate remedies for the plaintiff

1) Ask the court to treat the failure as non-appearance

At the pre-trial (or immediately upon noting the lapse), move orally and follow with a written motion to:

Declare that defendant’s failure to file a pre-trial brief equals failure to appear; and
Allow ex parte reception of plaintiff’s evidence; and/or
Deem precluded any witnesses/exhibits the defendant failed to identify.

Practice tip: Judges appreciate clean records. Have proof of service of your pre-trial brief and your notice to the other side. Bring an attendance sheet, copies of your marked exhibits, and a proposed Pre-Trial Order that memorializes the sanctions.

2) Proceed to ex parte presentation of evidence

If granted:

Present your documentary evidence (properly marked and identified) and testimony (live or judicial affidavits, subject to the court’s preference).
Even ex parte, the court must still require competent proof—especially for unliquidated damages, attorney’s fees, interests, and injunctions. Bring receipts, contracts, COCs, expert reports, business records, and proof of reasonableness/necessity for damages.

3) Lock in preclusion orders

Ask the court to:

Preclude the defendant from presenting unlisted witnesses/exhibits later;
Treat unstipulated facts as contested solely within the issues you framed; and
State that any late defense brief or exhibit will require a showing of good cause and may be subject to terms (fees, resetting costs).

4) Seek costs and calendar protection

Request costs occasioned by the failure (wasted settings, transcripts, process server fees).
Ask that the court set firm, near-term dates for your ex parte reception—consistent with continuous trial—to avoid drift.

What the court typically does (and should record)

A well-crafted Pre-Trial Order will:

Recite the failure of the defendant to file/serve a pre-trial brief and the court’s ruling equating it to non-appearance;
Itemize stipulations (if any) and issues to be tried (largely from the plaintiff’s brief and the pleadings);
Preclude unlisted defense witnesses/exhibits (subject to good-cause relief);
Set ex parte evidence reception (dates, sequence, exhibit numbers);
Warn that failure to attend the ex parte settings may result in the case being submitted for decision on filed judicial affidavits and marked exhibits.

Note: Even ex parte, courts avoid automatic judgment. Relief must be supported by evidence and conform to the pleadings (no awards beyond what’s prayed for unless allowed by the Rules).

Common defenses and how to counter them

“We filed late—please accept.”

Courts may excuse late filing for good cause (e.g., force majeure, hospitalization, counsel’s sudden death). Counter by pointing to:

Absence of good cause or pattern of delay;
Prejudice to plaintiff (e.g., witnesses on travel, costs incurred);
Offer a measured alternative: allow appearance but keep preclusion on unlisted exhibits/witnesses and require payment of costs.

“We appeared personally; only the brief was missing.”

The Rule treats failure to file the brief as failure to appear. Emphasize the equivalence clause and ask the court to apply sanctions consistently.

“Our representative lacked authority.”

Corporate or institutional defendants must appear through an authorized representative (ideally, with special authority to compromise). Lack of proper authority is akin to non-appearance. Ask the court to note the defect, maintain sanctions, and avoid another round of pre-trial unless terms are met.

Interaction with ADR/Mediation/JDR

Courts usually refer cases to court-annexed mediation (CAM) and possibly judicial dispute resolution (JDR). A defendant who ignored the pre-trial brief often also stonewalls ADR.
You may request skipping or tight time-boxes for ADR if there’s a record of non-cooperation, and proceed to ex parte proof to avoid delay.

Effects on counterclaims, cross-claims, third-party claims

A defending party who fails to file a brief risks preclusion on evidence for its compulsory counterclaims and cross-claims; if they also fail to appear, the court can dismiss those claims for failure to prosecute or resolve them adversely based on plaintiff’s ex parte evidence and the pleadings on record.
Permissive counterclaims may be dismissed without prejudice (court’s discretion), but expect costs and possible re-filing hurdles.

Criminal and family-court notes (short version)

Criminal cases: The Rules mandate pre-trial (Rule on Criminal Pre-Trial), but not every court requires a pre-trial brief by name. Sanctions for non-appearance include issuance of warrants, bond forfeiture, and striking of defenses like alibi if discovery obligations were ignored. If the court issued a pre-trial order requiring briefs and the accused (or counsel) defies it without good cause, courts may impose sanctions and proceed to trial—with caution to protect due process.
Family courts (civil nature): Same civil pre-trial rules apply; failure to file a brief can and often does lead to ex parte reception—courts remain careful with custody and support where a full factual basis is essential.

Step-by-step: What to file (templates you can adapt)

A) Oral motion at pre-trial, then a short Written Motion:

Title: Motion to Declare Defendant’s Failure to File Pre-Trial Brief as Non-Appearance; for Ex Parte Reception of Evidence; and for Preclusion with Costs
Body (key asks):
1. Note of defendant’s failure to file/serve brief by the deadline;
2. Cite the Rule equating such failure to non-appearance;
3. Pray that plaintiff be allowed to present evidence ex parte;
4. Preclude defendant from presenting unlisted witnesses/exhibits;
5. Award costs of the aborted pre-trial and reset;
6. Set continuous ex parte dates and direct the branch clerk to issue subpoenas as needed.

B) Judicial Affidavits & Exhibit Packet

Pre-mark all exhibits (P-1, P-2…), include affidavits with attachments, business-records certifications, and foundational testimony (authorship, execution, relevance, identification).
Prepare a short offer of evidence (document-by-document).

C) Proposed Pre-Trial Order

Draft one that memorializes the court’s rulings (non-appearance equivalence, ex parte schedule, preclusion, costs).

Limits and guardrails (what you can’t get just because the brief was missing)

You cannot obtain relief beyond your pleadings; amend if you need broader relief (subject to leave and timing).
Unliquidated damages still need competent proof (no rubber-stamp awards).
Attorney’s fees require a stated factual and legal basis (bad faith, obstinate refusal, etc.), not merely a prayer.

For the defendant (if you’re salvaging the situation)

Act immediately. File a Motion for Leave to file the pre-trial brief out of time, explaining good cause (attach the brief), and offer terms (pay costs, agree to preclusion on any items not in your brief).
Appear with authority. If you’re a corporation/government unit, bring a board resolution/special authority.
Accept preclusion where fair, and focus on legal issues still open (e.g., failure of cause of action, lack of privity, prescription) to mitigate damage.

Quick checklists

Plaintiff’s one-pager

☐ Proof of service of your pre-trial brief
☐ Notice of defendant’s lapse (registry receipts/emails)
☐ Oral and written motions (equivalence → ex parte → preclusion → costs)
☐ Marked exhibits and judicial affidavits ready
☐ Proposed Pre-Trial Order in USB/print

Courtroom script (30 seconds)

“Your Honor, the defendant failed to file and serve a pre-trial brief within the period set. Under the Rules, this has the same effect as failure to appear. We respectfully move that they be deemed to have failed to appear; that plaintiff be allowed to present evidence ex parte; that the defendant be precluded from presenting unlisted witnesses and exhibits; and that costs for today’s setting be assessed. We have our judicial affidavits and marked exhibits ready and can proceed on the earliest date favorable to the Court.”

Bottom line

In civil cases, no pre-trial brief = non-appearance. The standard remedy is ex parte reception of plaintiff’s evidence, preclusion of the defendant’s unlisted proof, and, where apt, costs/sanctions.
Courts still require proof before judgment and will tailor sanctions to fairness and due process.
Move promptly, keep your record clean, and push for continuous ex parte settings so the case reaches decision without further delay.