This case has been cited 1 times or more.
|
2006-08-10 |
CALLEJO, SR., J. |
||||
| Under Section 2, Rule 20 of the Rules of Court,[17] a party who fails to appear at a pre-trial conference may be non-suited or considered as in default. If the defendant is declared as in default, the court may allow the plaintiff to present his evidence ex parte before the Branch Clerk of Court, and, thereafter, render judgment on the basis of the evidence of the plaintiffs. On the other hand, if the defendant is absent during the initial trial without any justifiable reason therefor, the defendant cannot be declared as in default for such absence. However, the court may allow the plaintiff to present his evidence before the Branch Clerk of Court ex parte. By the absence of the defendant, he waives, not only his right to cross-examine the plaintiff and his witnesses, but also to adduce evidence in his behalf.[18] However, the court, in the exercise of its judicial discretion, may allow the plaintiff to present his evidence ex parte before the Branch Clerk of Court without prejudice to the right of the defendant to present his own evidence after the plaintiff shall have rested his case. | |||||