G.R. No. 183398, June 22, 2015, CLODUALDr
D. DAACO, PETITIONER, VS. VALERIANA ROSALDO YU, RESPONDENT.
(THE LAWYER’S POST)
“x x x.
To repeat, the issue in
this case is the propriety of the trial court’s order dismissing the case for
petitioner’s failure to appear at the pre-trial conference. In relation to
this, Sections 4 and 5 of Rule 18 of the Rules of Court provides:
Section
4. Appearance of parties. — To repeat, the issue in this case is the propriety
of the trial court’s order dismissing the case for petitioner’s failure to
appear at the pre-trial conference. In relation to this, Sections 4 and 5 of
Rule 18 of the Rules of Court provides:
Section
4. Appearance of parties. — It shall be the duty of the
parties and their counsel to appear at the pre-trial. The non-appearance of a
party may be excused only if a valid cause is shown therefor or if a
representative shall appear in his behalf fully authorized in writing to enter
into an amicable settlement, to submit to alternative modes of dispute
resolution, and to enter into stipulations or admissions of facts and of
documents, (n)
Section
5. Effect of failure to appear. — The failure of the plaintiff
to appear when so required pursuant to the next preceding section shall be
cause for dismissal of the action. The dismissal shall be with prejudice,
unless other-wise ordered by the court. A similar failure on the part of
the defendant shall be cause to allow the plaintiff to present his evidence ex
parte and the court to render judgment on the basis thereof. (2a, R20)
Thus, the failure of a
party to appear at the pre-trial has adverse consequences. If the absent party
is the plaintiff, then he may be declared non-suited and his case dismissed. If
it is the defendant who fails to appear, then the plaintiff may be allowed to
present his evidence ex parte and the court to render judgment
on the basis thereof.5
In certain instances,
however, the non-appearance of a party may be excused if a valid cause is shown.
What constitutes a valid ground to excuse litigants and their counsels at the
pre-trial is subject to the sound discretion of a judge.6 Unless
and until a clear and manifest abuse of discretion is committed by the judge,
his appreciation of a party’s reasons for his non-appearance will not be
disturbed.
It shall be the duty of
the parties and their counsel to appear at the pre-trial. The non-appearance of
a party may be excused only if a valid cause is shown therefor or if a
representative shall appear in his behalf fully authorized in writing to enter
into an amicable settlement, to submit to alternative modes of dispute
resolution, and to enter into stipulations or admissions of facts and of
documents, (n)
X x x.”
