Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

No answer or summary-judgment motion has been served. Defendant privately drafts an answer but has not served it. Plaintiff files a first proper Section1 notice, and no exception applies. Does the private draft alone close the window?
  1. Yes, every draft is a filed judgment
  2. Yes, secret drafting equals service
  3. Yes, the plaintiff must guess counsel’s plans
  4. No
  5. Only drafting date controls

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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