Allison hired Atty. X as his counsel in his complaint for Collection of Sum of Money. Upon receipt on March 20, 2009 of the Notice of Pre-Trial which was scheduled on May 24, 2009, Allison noted that at that time he would still be in a two-week conference in St. Petersburg. He thus asked Atty. X to represent him during the pre-trial.
Prepare the necessary document that Atty. X should submit to the court to enable him to represent Allison during Pre-Trial. (5%)
Suggested answer only. Not an official answer and not legal advice.
SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: I, ALLISON, plaintiff in Civil Case No. 12345 for Collection of Sum of Money, RTC Manila, Branch 1, hereby appoint my counsel, ATTY. X, as my attorney-in-fact to represent me during the Pre-Trial on
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Quick check
What document must a party execute to authorize counsel to represent them at pre-trial?
Rule 18 of the Rules of Court requires a Special Power of Attorney specifically authorizing counsel to represent a party at pre-trial.
Under Rule 18 of the Rules of Court, what specific authority must be granted in a Special Power of Attorney for pre-trial?
The representative must be authorized to enter into amicable settlements, ADR, and stipulations of facts.
What is the procedural consequence if a plaintiff fails to appear at pre-trial without valid cause or a Special Power of Attorney?
Failure of the plaintiff to appear or send an authorized representative results in dismissal of the action.
When must the Special Power of Attorney for pre-trial representation be presented to the trial court?
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Must a Special Power of Attorney authorizing representation at pre-trial be acknowledged before a Notary Public?
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Learn more about these topics
1. Pre-Trial Representation Authority
Under Rule 18, Section 4 of the Rules of Court, the physical appearance of parties at pre-trial is mandatory. A party may be excused from personally appearing only if a valid cause is shown or if a representative is appointed through a Special Power of Attorney. The representative must be fully authorized in writing to enter into an amicable settlement, submit to alternative modes of dispute resolution, and enter into stipulations or admissions of facts and documents. Failure of a party or authorized representative to appear results in adverse procedural consequences, including dismissal or presentation of evidence ex parte.
2. Special Power Requirements
A Special Power of Attorney for pre-trial representation must explicitly grant specific authorities to the attorney-in-fact. General powers of attorney or oral authorizations are legally insufficient to excuse a client's absence during pre-trial. The instrument must explicitly empower the representative to compromise the litigation, agree on alternative dispute resolution mechanisms, and make binding factual stipulations. To be valid and effective before judicial tribunals, the authorization must be duly executed and acknowledged before a notary public prior to the scheduled pre-trial conference.
3. Non-Appearance Procedural Effects
Under Rule 18, Section 5 of the Rules of Court, the failure of the plaintiff to appear at pre-trial, without valid cause or proper authorization through a Special Power of Attorney, shall be cause for dismissal of the action with prejudice, unless otherwise ordered by the court. If the defendant fails to appear without valid cause or authorized representation, the court shall allow the plaintiff to present evidence ex parte and render judgment based thereon. Proper execution of a Special Power of Attorney protects litigants from these severe procedural sanctions.