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Question
In a criminal case for estafa, the pre-trial conference is set under Rule 118. The People and the offended party appear; the accused fails to appear and does not send counsel. The pre-trial conference proceeds in the accused’s absence, and the court drafts a pre-trial order listing admitted facts, stipulations, and the calendar for trial. A week later, the accused, through counsel, moves to set aside the pre-trial order on the ground that his non-appearance was due to a grave and justifiable medical emergency, and attaches medical certificates and hospital records. The prosecution opposes. (a) Identify the controlling doctrine governing non-appearance at a pre-trial conference. (b) Distinguish the sanctions or remedies available for non-appearance, including when a continuance or dismissal may be warranted. (c) Apply the doctrine to the facts and determine whether the pre-trial order should be sustained or set aside, and state the proper course of action with brief justification.