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Philippine Bar review · Question

Practice question: Dismissal Due to Fault of Plaintiff

Multiple Choice Medium

Practice question

The case has not moved because the court itself repeatedly reset hearings despite plaintiff’s timely compliance and readiness. No unreasonable plaintiff-caused nonprosecution is established. Defendant relies only on elapsed time. Which is correct?
  1. The court must invent an unperformed order
  2. Every court reset is automatically plaintiff fault
  3. Plaintiff must control the judge’s calendar
  4. Elapsed time alone does not establish the stipulated plaintiff-fault ground
  5. Any delay necessarily requires dismissal

Legal references

  • Current2019 Rules17 Sections2–3 and15 Section9: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
  • Rule17 Sections1 and4 and Rule41 Section1 continuing provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html

Answer this question in flashcards to review your response and continue practicing.