Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A plaintiff first voluntarily dismisses a claim by a proper notice in a competent court. It refiles the same claim and, again within the Section1 notice stage, files a second notice asserting without prejudice. The complete history establishes the two-dismissal rule. Which is best?
  1. The words without prejudice always override the exception
  2. Only a third dismissal can ever matter
  3. The second notice operates as an adjudication on the merits under the established exception
  4. Every plaintiff may restart the notice count by refiling
  5. A new case number necessarily makes a new claim

Legal references

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

Answer this question in flashcards to review your response and continue practicing.