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Philippine Bar review · Question

Practice question: Dismissal Due to Fault of Plaintiff

Multiple Choice Medium

Practice question

Without justifiable cause, a plaintiff leaves its action unprosecuted for an unreasonable length of time. The defendant properly seeks dismissal under Section3. Which is best?
  1. Unreasonable nonprosecution is an express Section3 ground, subject to judicial assessment of the facts
  2. Any one-day interval always establishes the ground
  3. Only a pre-trial default can matter
  4. A plaintiff can never be responsible for prosecution
  5. The claim automatically transfers to a private mediator

Legal references

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

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