Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

Before receiving the plaintiff’s dismissal motion, the defendant has pleaded a counterclaim. The plaintiff asks that dismissal eliminate it merely because the counterclaim is related to the complaint. Which is best?
  1. Relationship alone requires automatic extinction
  2. The plaintiff controls every opposing claim
  3. Section2’s protection must be applied to the pleaded counterclaim; dismissal is not an automatic merits rejection merely because it is related
  4. A counterclaim can never be heard after any withdrawal
  5. Every related counterclaim must automatically win

Legal references

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

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