Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

After answer, plaintiff seeks Section2 dismissal but demands that the judge approve every requested condition as an absolute unilateral right. No Section1 notice right remains. Which is sound?
  1. The court’s approval and proper-terms authority must be respected
  2. The plaintiff’s preference binds the court absolutely
  3. Filing a motion is identical to a completed notice dismissal
  4. Only plaintiff may decide judicial approval
  5. The judge has no role under Section2

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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