How many hearings before dismissal for complainant non-appearance?
In the Philippines, the rules governing the reopening and dismissal of dormant cases, particularly due to the non-appearance of the complainant, vary based on the nature of the case and the type of court or tribunal overseeing it.
1. Criminal Cases
According to Section 24 of the Revised Rules of Criminal Procedure, a criminal case can be reopened at any time before the finality of a judgment of conviction to avoid a miscarriage of justice. The judge may do this either on their own initiative or upon motion, with a hearing in either case, and the proceedings should be completed within 30 days from the order granting the reopening【5†source】.
2. Labor Cases
For cases handled by the National Labor Relations Commission (NLRC), non-appearance by the complainant for two successive hearings can result in the case being dismissed without prejudice. If the case is dismissed for a second time due to unjustified non-appearance by the complainant, it will be dismissed with prejudice【6†source】.
3. Civil Cases
In civil cases, under Rule 17, Section 3 of the Rules of Court, the non-appearance of the plaintiff can result in the dismissal of the case for failure to prosecute. The dismissal may be with or without prejudice, depending on the court's discretion. However, the dismissal can be reconsidered if valid reasons, such as force majeure, are presented【7†source】.
4. Administrative Cases
In administrative proceedings, non-appearance can lead to a decision based on the evidence on record, or the case may be decided ex parte to avoid delays in resolving cases【7†source】.
Consequences and Considerations
Failure to appear at a pre-trial hearing, especially in civil cases, can have serious consequences, such as allowing the opposing party to present evidence ex parte or causing the case's dismissal【8†source】.
Legal Remedies
If a case is dismissed due to non-appearance, the affected party can seek remedies, such as filing a motion for reconsideration or, in some cases, re-filing the case. The success of such actions generally depends on the reasons provided for the initial non-appearance【7†source】.
Understanding the implications of non-appearance in legal proceedings and taking appropriate action is crucial to avoid adverse outcomes.