This case has been cited 1 times or more.
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2015-02-04 |
MENDOZA, J. |
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| From the foregoing, the failure of a party to appear at the pre-trial has indeed adverse consequences. If the absent party is the plaintiff, then his case shall be dismissed. If it is the defendant who fails to appear, then the plaintiff is allowed to present his evidence ex parte and the court shall render judgment based on the evidence presented. Thus, the plaintiff is given the privilege to present his evidence without objection from the defendant, the likelihood being that the court will decide in favor of the plaintiff, the defendant having forfeited the opportunity to rebut or present its own evidence.[31] The stringent application of the rules on pre-trial is necessitated from the significant role of the pre-trial stage in the litigation process. Pre-trial is an answer to the clarion call for the speedy disposition of cases. Although it was discretionary under the 1940 Rules of Court, it was made mandatory under the 1964 Rules and the subsequent amendments in 1997.[32] "The importance of pre-trial in civil actions cannot be overemphasized."[33] | |||||