Dear Attorney,

I hope you can assist me with a concern regarding our upcoming court hearing. We are the complainants in this case, and the second hearing is scheduled for tomorrow. Unfortunately, one of us has work obligations and is unable to attend. My question is: would it be acceptable for only one of us to attend the hearing?

Thank you in advance for your guidance.

Sincerely,
Concerned Complainant

Insights:

In Philippine legal proceedings, attendance at hearings depends on several factors, including the type of case and the role of the individual in the proceedings. If the absent party is merely a representative or witness, it may be possible for the hearing to proceed with just one party attending. However, if both parties are complainants and are essential to the case (for example, if their testimony or presence is required for evidence presentation), their absence could potentially delay the hearing or affect the court’s ability to proceed.

Given that you are the complainant, it is crucial to evaluate whether the court expects both complainants to be present. Courts generally expect the attendance of all parties involved, particularly if the hearing involves testimony, mediation, or any legal steps that require direct input from both parties. If the absent complainant's testimony is crucial, it might be best to inform the court ahead of time and request rescheduling or inform the court that one will be absent for justifiable reasons.

You may also want to consult with the handling court or your lawyer before the hearing to clarify any specific requirements. In some instances, the court may allow the hearing to proceed with one complainant present if the other has a valid reason for their absence, provided this does not hinder the case's progress.

Finally, it is also advisable to submit a formal notice or excuse if one complainant cannot attend, to ensure compliance with court rules and avoid any misunderstandings. This can be arranged through your legal counsel, who can guide you on the best course of action for your specific situation.