K2. Pre-Trial (Rule 18 part2)

Question 1

APPEARANCE OF PARTIES; EFFECT OF FAILURE TO APPEAR

Appearance of parties at pre-trial, CAM and ADR

Answer 1

Both the parties and their counsel must appear. The non-appearance of a party and counsel may be excused only for acts of God, force majeure or duly substantiated physical inability. (Sec. 4, Rule 18, ROC, as amended)

Should the lawyer undertake to appear not only as an attorney but in substitution of his client’s person, it is imperative for him to have “special authority” to make such substantive agreements as only the client otherwise has capacity to make. (Feria & Noche, 2013) Under the new rules, the “special authority” of the lawyer or representative should be in writing because the courts can neither second-guess the specific powers given, nor can the courts assume that all the powers specified in Section Sec. 4 of Rule 18 are granted by a party to his representative. (Republic v. CA, 429 SCRA 669) A representative may appear on behalf of a party, but must be 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 documents. (Sec. 4, Rule 18, ROC, as amended)

Question 2

Failure to appear during pre-trial when duly
notified:

1. Plaintiff’s and counsel’s failure to appear
   without valid cause

Answer 2

Plaintiff’s and counsel’s failure to appear
without valid cause - shall be a cause for the
dismissal of the action, with prejudice, unless
otherwise ordered by the court.

NOTE: The plaintiff’s remedies from the order
of dismissal include:

a. Appeal; or
b. Re-filing of the complaint, if the order
of dismissal is without prejudice. (Sec.
1(g), Rule 41, ROC, as amended)

Question 3

Failure to appear during pre-trial when duly notified
2. Defendant’s and counsel’s non-attendance

Answer 3

shall be a cause to allow the plaintiff to present his or her evidence ex parte, within ten (10) calendar days from termination of the pre-trial, and the court to render judgment on the basis of the evidence offered (Sec. 5, Rule 18, ROC, as amended)

Question 4

When non-appearance of a party in a pre-trial conference excused:

Answer 4

1. If a valid cause is shown therefore; or
2. If a representative shall appear on behalf of a party fully authorized in writing to:

a. Enter into an amicable settlement;
b. Submit to alternative modes of dispute resolution; and
c. Enter into stipulations or admissions of facts and of documents (Sec. 4, Rule 18, ROC, as amended