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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSIII. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC)H. Dismissal of Actions (Rule 17)

Question

III. CIVIL PROCEDURE: Dismissal of Actions (Rule 17)

1. John filed a complaint for damages against Mark. After the filing of the answer, John requested the court to dismiss the case on the ground of compromise agreement reached between him and Mark. The court granted the request and issued an order dismissing the case.

a) Was the court's dismissal of the case proper? Discuss.

2. Mary filed a complaint for ejectment against Peter for non-payment of rent. However, during the pendency of the case, Mary received full payment of the rent from Peter. Afterwards, Mary filed a motion to dismiss the case on the ground of payment. The court denied the motion and proceeded with the trial of the case.

a) Was the court's denial of Mary's motion to dismiss proper? Discuss.

b) What should Mary have done to obtain the dismissal of the case?

3. XYZ Corporation filed a complaint for specific performance against ABC Corporation. During the pre-trial, the representatives of both parties informed the court that they have entered into a final compromise agreement to settle the dispute. Subsequently, ABC Corporation filed a motion to dismiss the case based on the compromise agreement. The court denied the motion and directed the parties to proceed with the trial of the case.

a) Was the court's denial of ABC Corporation's motion to dismiss proper? Discuss.

b) What can ABC Corporation do to have the case dismissed based on the compromise agreement?




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Bar Review Question: III. CIVIL PROCEDURE: Dismissal of Actions (Rule 17) 1. John filed a complaint for damages against