Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

Plaintiff files its dismissal motion Monday but serves it Thursday. Defendant pleads a counterclaim Tuesday. All other requirements exist. Plaintiff says filing Monday necessarily defeats Section2 protection. Which is correct?
  1. Only the counterclaim’s dollar amount matters
  2. Filing and service are always identical
  3. A motion secretly drafted earlier defeats every claim
  4. The text uses service Thursday, so the Tuesday pleading precedes the stated event
  5. The defendant can never plead after a motion is filed

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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