Philippine Bar review · Question

Practice question: Dismissal Due to Fault of Plaintiff

Multiple Choice Hard

Practice question

A plaintiff cannot attend its evidence-in-chief date because of an established serious emergency and promptly supplies a legally sufficient justification. The defendant says every absence automatically requires dismissal with prejudice under Section3. Which is best?
  1. Every absence conclusively proves fault
  2. The phrase no justifiable cause is meaningless
  3. The court must assess the established justification; Section3 is not an automatic sanction for every absence
  4. No court may examine the explanation
  5. The plaintiff automatically wins because it has an excuse

Legal references

  • Rule17 Section3: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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