Philippine Bar review · Question

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

Essay Hard

Practice question

Explain why a protected counterclaim need not be abandoned merely because the defendant chooses 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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