Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A valid class suit has affected absent members. Named parties sign a private compromise and demand that it dismiss the class case automatically, with no court approval. They argue unanimous signatures of the named parties suffice. Which is correct?
  1. Named signatures always eliminate judicial approval
  2. Section2 expressly requires court approval of class dismissal or compromise
  3. Only a private receipt is required
  4. Absent members make every case a criminal proceeding
  5. Class procedure never affects 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

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