Short answer. The hearing goes ahead. The Act provides that the respondent's non-appearance despite proper notice is not a ground for rescheduling or postponing it, and that where he fails to appear the court is to allow the applicant to present evidence ex parte and decide on the evidence presented.

What the law says

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO.

RA 9262, Section 16 — Permanent Protection Orders. Read the full provision →

Three excuses the Act closes off at once

Read the sentence carefully and it is dealing with a pattern rather than a single event. Not turning up is one; having no lawyer is another; having a lawyer who is unavailable is the third. None of them is a ground to move the hearing. The Act does this because delay is itself a way of wearing an applicant down — each postponement costs a day's work, a fare, and another wait. The hinge is proper notice, which is why service of the temporary order, carrying the hearing date, matters so much.

If he comes without a lawyer

The court appoints one for him and immediately proceeds with the hearing. That is worth understanding in advance so it does not read as the court taking his side: appointing counsel is what allows the hearing to continue rather than be adjourned, which is the outcome the provision is aimed at. It also means the person across the room may be a lawyer meeting his client that morning. Your own representation is a separate question — counsel is requested in the application itself.

If he stays away entirely

The court is to allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented. So the case is decided, not deferred — but it is decided on what is actually put before the court, and his absence does not by itself prove anything. That is the practical point: prepare the hearing as though it will be contested. Documents, dates and the people who can speak to what they saw are what the judgment will rest on.

What the court is allowed to hear

The Act widens the evidence in one specific way: the court is to allow the introduction of any history of abusive conduct by the respondent, even where it was not directed at the applicant or at the person on whose behalf the application is made. The court is also to conduct the hearing in one day so far as possible; where it cannot and the temporary order is due to expire, that order is extended or renewed thirty days at a time until final judgment, so cover does not lapse while the case runs.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.