Philippine Bar review · Question

Practice question: Dismissal upon Motion by Plaintiff; Effect on Counterclaim

Multiple Choice Medium

Practice question

A defendant timely manifests a preference to resolve its protected counterclaim in the same action within the Section2 fifteen-calendar-day period from notice of the dismissal motion. Which is best?
  1. The Rule recognizes that same-action preference rather than requiring a separate lawsuit in every case
  2. A counterclaim always disappears with the complaint
  3. Only a separate case is possible regardless of the manifestation
  4. The plaintiff may veto every continuation by withdrawing
  5. The manifestation proves the counterclaim’s merits

Legal references

  • Rule17 Section2: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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