Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

Does Section2 expressly preserve prosecution of a protected counterclaim in a separate action?
  1. Only foreign litigation is permitted
  2. No, every counterclaim is automatically extinguished
  3. Yes
  4. Only the plaintiff may prosecute it
  5. Only a witness may elect relief

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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