Dear Attorney,
I have a case currently being heard in court, but I was unable to attend some of the hearings due to unavoidable reasons. How many absences would it take for my case to be dismissed if I am the complainant?
Sincerely,
Concerned Litigant
Insights
In the Philippines, the issue of case dismissal due to the absence of a complainant touches upon the legal principle of failure to prosecute. This principle provides courts the discretion to dismiss a case if the complainant consistently fails to attend scheduled hearings or fails to take the necessary steps to prosecute the case.
Small Claims Cases
In small claims cases, the courts aim for expeditious proceedings, and absences are treated seriously. If the complainant fails to attend the initial hearing, the court will dismiss the case without prejudice. This means that while the complainant may refile the case, they will need to restart the process, including paying the required filing fees. However, if there are repeated non-appearances, the dismissal may eventually be deemed final and with prejudice.
Criminal Cases
For criminal cases, particularly when the case is initiated by a private complainant, multiple absences by the complainant may result in the dismissal of the case. Under the Revised Rules of Criminal Procedure, particularly Rule 17, the court may dismiss the case motu proprio (on its own initiative) due to the failure of the complainant to appear during the scheduled hearings, which can be seen as an indication of lack of interest to prosecute.
If the complainant fails to attend two consecutive hearings without justification, the judge may dismiss the case, particularly if the absence delays the proceedings or indicates a lack of desire to proceed. The court, however, exercises discretion in these instances, taking into account valid reasons for absences such as medical emergencies or unavoidable circumstances.
Civil Cases
In civil cases, non-appearance by the plaintiff (the complainant) during pre-trial or trial may also result in dismissal. Rule 18 of the Rules of Civil Procedure mandates that failure to appear in the pre-trial conference without a valid excuse results in dismissal, which could be with prejudice, barring the complainant from refiling the same case.
Key Takeaway
Ultimately, the number of hearings a complainant can miss before their case is dismissed will depend on the type of case (civil, criminal, or small claims), the reasons for their absence, and the court's discretion. Continuous absences, especially without justification, generally result in dismissal due to failure to prosecute or abandonment of the case.