Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

A protected defendant chooses to prosecute its counterclaim separately and does not timely request same-action resolution. Plaintiff claims that this choice abandons the claim. Which is correct?
  1. The dismissal motion is a final counterclaim trial
  2. Every separate-action choice abandons the claim
  3. Only same-action prosecution is allowed
  4. The plaintiff automatically wins the counterclaim
  5. Section2 expressly preserves separate prosecution

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

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