Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Criminal Procedure › Trial (Rule 119)
1. Trial In Absentia
The Court may, upon its own discretion:
- Proceed to render judgment; OR
- Require the plaintiff to present his evidence ex parte according to judicial discretion. The reception of the evidence may be done by the court or delegated to the clerk of court.
(a) Effect of order of default. — A party in default shall be entitled to notices of subsequent proceedings but shall not take part in the trial.
While the defendant can no longer take part in the trial, he is nevertheless entitled to notices of subsequent proceedings. He may participate in the trial not as a party but as a witness. (Cavili v. Florendo, G.R. No. 73039, 1987)
Authorities
- Cavili v. Florendo, G.R. No. L-73039, 9 October 1987