2. Nonappearance at Pre-trial Conference

NON-APPEARANCE DURING PRE-TRIAL

The court may impose proper sanction or penalties, if the counsel or prosecutor absent does NOT offer an acceptable excuse (Rule 118, Sec. 3).

Note: There is NO similar provision on sanctions and penalties in civil cases.

The absence during pre-trial of any witness for the prosecution is NOT a valid ground for the dismissal of a criminal case. The presence of the private complainant or the complaining witness is not required. Even the presence of the accused is NOT required unless directed by the trial court. It is enough that the accused is represented by his counsel. (People v. Tac-an, G.R. No. 148000, 2003)

If the counsel for the accused/prosecutor does NOT appear at the pre-trial conference and does NOT offer an acceptable excuse for his lack of cooperation, the court may sanction/penalize counsel for the accused if any of the following concur:

• Counsel does NOT appear at the pre-trial conference; AND
• Counsel does NOT offer an acceptable excuse. (Atty. Emelia H. Garayblas and Atty. Renato G. dela Cruz v. Hon. Gregory Ong, et al., G.R. No. 174507-30, 2011)

Note: In A.M. No. 15-06-10-SC, 2017: Revised Guidelines for Continuous Trial in Criminal Cases, 2017 – The court shall proceed with the pre-trial despite the absence of the accused and/or private complainant, provided they were duly notified of the same, and the counsel for the accused, as well as the public prosecutor, are present.

Note: In A.M. No. 15-06-10-SC (Revised Guidelines for Continuous Trial in Criminal Cases, 2017) – The pre-trial Order shall immediately be served upon the parties and counsel on the same day after the termination of the pre-trial.

APPEARANCE OF PARTIES; EFFECT OF FAILURE TO APPEAR

Parties and their counsel BOTH have the duty to appear at pre-trial.

Non-appearance May Be Excused Only If:

• A valid cause is shown; or
• A representative appears 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.

The authorization in writing must be in the form of a SPECIAL POWER OF ATTORNEY.

The parties and their counsels are required to attend the pre-trial the purpose of which is to exhaust all possibilities of reaching a compromise. Having failed to justify their absence, they have no valid ground to request for a new trial. Further, an improvident termination of legal services is not a valid excuse to be absent at the pretrial. (Jonathan Landoil International Co v Sps. Mangudadatu, G.R. No. 155010, 2004)

Stipulations freely and voluntarily made are valid and binding and will not be set aside unless for good cause. The Rules of Court mandate parties in a criminal case to stipulate facts. Once they have validly and voluntarily signed the stipulations, the accused and their counsel may not set these aside on the mere pretext that they may be placed at a disadvantage during the trial. (Sixto Bayas vs Sandiganbayan, G.R. No. 143689-91, 2002)

Effect of Failure to File a Pre-Trial Brief

The same as failure to appear at the pre-trial:

• If PLAINTIFF failed to appear, the case is dismissed with prejudice unless otherwise ordered by the court.
• If DEFENDANT failed to appear, the plaintiff will be allowed to present evidence ex-parte, and the court shall render judgment on the basis thereof.

Having no counsel in a civil case is not a reasonable excuse to not file a pre-trial brief. It does not also deprive one of due process. Failure to file a pre-trial brief will have the same effect as not appearing during pre-trial. (Saguid v. CA, G.R. 150611, 2003)

Pre-Trial; Effects of Failure to Appear

Pre-trial is mandatory. (Sec. 9, A.M. NO. 03-04-04- SC)

If the petitioner fails to appear personally at the pretrial, the case shall be dismissed, unless his counsel or a duly authorized representative appears in court and proves a valid excuse for the non-appearance of the petitioner. If the respondent has filed his answer but fails to appear at the pre-trial, the petitioner shall be allowed to present his evidence ex parte. The court shall then render judgment on the basis of the pleadings and the evidence thus presented (Sec. 11)