Philippine Bar review · Question

Practice question: Dismissal upon Notice by Plaintiff; Two-dismissal Rule

Multiple Choice Hard

Practice question

A party invokes the two-dismissal rule by showing two old case numbers, but one concerned a different claim and the history does not establish a qualifying prior dismissal by the plaintiff in a competent court. Which is best?
  1. Two numbers conclusively establish every element
  2. The same-claim requirement is optional
  3. Any dismissal by any court always counts identically
  4. The actual qualifying history must be proved; the two-dismissal consequence cannot be inferred from the count alone
  5. The court may invent the missing history

Legal references

  • Rule17 Section1: https://lawphil.net/courts/rules/rc_1-71_civil.html

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