Debt cases in the Philippines are civil actions for the collection of a sum of money, typically filed under the Rules of Court as actions for recovery of personal property, sum of money, or specific performance. These cases are heard in first-level courts (Metropolitan Trial Courts, Municipal Trial Courts, or Municipal Circuit Trial Courts) when the principal amount does not exceed ₱2,000,000, or in Regional Trial Courts for larger claims. Many smaller debt claims fall under the Small Claims Court procedure or the Rules on Summary Procedure.

Failing to attend a scheduled court hearing—whether a preliminary conference (pre-trial), trial on the merits, or hearing on a motion—carries serious procedural and substantive consequences. Philippine courts treat attendance at these hearings as mandatory for the parties or their duly authorized representatives. Non-appearance without justifiable cause disrupts the speedy disposition of cases, a policy strongly upheld under the 2019 Amendments to the Rules of Civil Procedure and the Constitution’s guarantee of speedy justice.

Stages of a Debt Case and Relevant Hearings

Debt cases generally proceed through these key stages where hearings occur:

Filing and Service of Summons – The creditor (plaintiff) files a complaint. The court issues summons, which the debtor (defendant) must receive. The defendant has 15 days (or 30 days if abroad) to file an answer.
Preliminary Conference / Pre-Trial – Mandatory under Rule 18 of the Rules of Court. This is the most critical early hearing. Parties must appear in person or through counsel armed with a special power of attorney. Issues are simplified, admissions are made, and a trial date is set.
Trial Proper – Successive hearings where evidence is presented. The plaintiff presents evidence first, followed by the defendant.
Hearings on Motions – Such as motions to dismiss, for reconsideration, or for execution.
Post-Judgment Proceedings – Hearings related to execution of judgment, if the debtor loses.

Immediate Consequences of Non-Attendance

At the Preliminary Conference (Pre-Trial):

Under Section 5, Rule 18 of the 2019 Revised Rules of Civil Procedure, failure of the defendant to appear at the pre-trial conference without valid cause authorizes the court to:

Allow the plaintiff to present evidence ex parte (in the defendant’s absence).
Render judgment based on the plaintiff’s complaint, attached evidence, and the evidence presented during the ex parte hearing.

The court may also consider the defendant to have waived the right to present evidence or to cross-examine the plaintiff’s witnesses. This frequently results in a default judgment in favor of the creditor.

Under Summary Procedure (common for debts below certain thresholds):

The Revised Rules on Summary Procedure apply to most ordinary debt cases. If the defendant fails to appear at the scheduled hearing after being duly notified, the court may:

Render judgment immediately based on the affidavits and evidence submitted by the plaintiff.
Impose costs and attorney’s fees against the absent defendant.

In Small Claims Cases (claims up to ₱1,000,000 as of the latest adjustments):

The procedure is even stricter and more informal. If the defendant does not appear at the hearing despite proper notice, the court shall:

Proceed to hear the plaintiff’s evidence.
Render judgment forthwith in favor of the plaintiff, treating the defendant’s non-appearance as an admission of the claim.

No formal trial occurs; decisions are usually issued on the same day or shortly after.

During Trial Hearings:

If the defendant has already filed an answer but repeatedly fails to appear at scheduled trial dates without justification, the court may:

Deem the defendant to have waived the right to present evidence.
Allow the plaintiff to continue presenting evidence ex parte.
Eventually terminate the trial and render judgment.

Repeated non-appearance can also lead the court to issue an order directing the defendant to explain why he or she should not be cited for indirect contempt of court, although this is less common in pure civil debt cases than in cases involving court orders.

Judgment and Its Finality

When a defendant fails to attend hearings, the court typically renders a decision ordering payment of the principal debt, legal interest (often 6% per annum under current jurisprudence), attorney’s fees, litigation expenses, and costs of suit. Once the judgment becomes final and executory (usually after 15 days from receipt of the decision if no appeal or motion for reconsideration is filed), the creditor can move for the issuance of a writ of execution.

Enforcement of Judgment (Execution)

A final money judgment in a debt case is enforced through:

Garnishment of bank accounts, salaries (subject to exemptions under the Labor Code), or receivables.
Levy and sale at public auction of real or personal properties not exempt by law (e.g., family home up to certain value, necessary clothing, tools of trade).
Sheriff’s levy on vehicles, equipment, or other assets.

Philippine law prohibits imprisonment for non-payment of debt (Article III, Section 20 of the 1987 Constitution and Article 39 of the Civil Code). However, failure to comply with court orders during execution—such as refusing to turn over levied properties—may result in indirect contempt proceedings, which can lead to fines or, in extreme cases, imprisonment until compliance.

Available Remedies After Missing a Hearing

Philippine courts provide several avenues to mitigate the effects of non-attendance, provided the defendant acts promptly and shows valid grounds:

Motion to Set Aside Order of Default or Ex Parte Presentation – Filed before judgment, citing fraud, accident, mistake, or excusable negligence (FAME), plus a meritorious defense.
Motion for Reconsideration or New Trial – Within 15 days from receipt of the adverse decision, on FAME grounds or newly discovered evidence.
Appeal – To the Regional Trial Court (from first-level courts) or Court of Appeals (from RTC decisions) within 15 days. The appeal stays execution unless a bond is posted.
Petition for Relief from Judgment – Under Rule 38, if the party was prevented from participating due to FAME and the petition is filed within 60 days from knowledge of the judgment but not more than 6 months from entry of judgment.
Annulment of Judgment – A separate action in the Court of Appeals under Rule 47 when extrinsic fraud or lack of jurisdiction is proven, but this is an extraordinary remedy.

Justifiable causes for absence typically include serious illness (supported by a medical certificate), death in the family, or force majeure events, provided the court is notified in advance or immediately after.

Practical and Long-Term Implications

Missing hearings almost always tilts the case heavily in the creditor’s favor, increasing the likelihood of a swift adverse judgment. Beyond the courtroom:

The judgment becomes a public record and can damage credit standing with banks and financial institutions.
Properties may be auctioned at potentially low prices, leading to financial loss.
Repeated defaults in multiple cases can label the debtor as a “habitual delinquent” in credit reports.
If the debt stems from a contract with a penal clause or involves a bouncing check (B.P. 22), a parallel criminal case may proceed independently, where non-appearance in the criminal proceedings can lead to arrest warrants.

Preventive Measures and Best Practices

To avoid these outcomes, debtors should:

Immediately consult a lawyer upon receipt of summons.
File a timely answer raising all available defenses (payment, prescription, lack of cause of action, etc.).
Attend all scheduled hearings personally or send a duly authorized representative.
Notify the court in writing of any inability to attend, with supporting evidence, and request a rescheduling.
Consider amicable settlement options during the mandatory pre-trial or mediation stage, as courts encourage compromise agreements that can be judicially approved.

In debt litigation, the Philippine judicial system prioritizes the policy of resolving cases on the merits whenever possible, but procedural rules are strictly enforced to prevent delay. Non-attendance is viewed as a waiver of the opportunity to defend, often leading to irreversible procedural disadvantages. Debtors who find themselves unable to attend must act swiftly to invoke available remedies, as time limits are short and strictly applied. Understanding these rules is essential for anyone involved in a Philippine debt case.