Dear IBP Davao,
Good day po, Attorney. May tanong lang po ako about sa case po. Paano po if yung nagreklamo is OFW po or nasa ibang bansa tapos may hearing po and wala po yung mismong nagrereklamo. Tapos yung nireklamo po niya ay nandito umaattend po ng hearing kahit wala yung nag aakusa. Ano po mangyayari?
– Anonymous
Dear Mr./Ms. Anonymous,
Assuming that this case is already in Court and the Complainant had appointed a representative for the said case, the proceedings will continue.
If the Complainant is set to work abroad, he may authorize someone to represent him in the case he filed. Now, how will this be done? The Complainant will execute a power of attorney so that the said representative may be legally authorized to act on his behalf in the said case. A power of attorney is a legal instrument by virtue of which authority is given to a person to act in the place of another as that person’s attorney-in-fact.
After the execution of the power of attorney, the Complainant appoints his representative as his agent and the Complainant confers upon the said agent a legally binding authorization to represent the Complainant for some specific act. However, it must be noted that the representative cannot testify on matters that only the Complainant has personal knowledge of. Thus, the representative can only testify on matters involving his personal knowledge connected to the case. Generally, matters that are merely relayed to the representative by any person are inadmissible in evidence for being hearsay.
In conclusion, even if the Complainant is not personally present during the hearing, but as long as he had legally appointed a representative or attorney-in-fact to appear on his behalf, the proceedings will continue.
IBP Davao Corner is a weekly column of Integrated Bar of the Philippines- Davao Chapter, giving legal advice as part of its legal aid program. The above legal opinion is based solely on the appreciation of the facts and problem given and stated above. The opinion may vary when other facts, circumstances, and situations are stated. You may send your comments and questions to ibpdavao@gmail.com.
