Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

The defendant’s answer has already been served. The plaintiff files a notice claiming Section1 still provides an unrestricted unilateral dismissal. Which is best?
  1. The ordinary Section1 notice window has closed; the proper court-approved route must be considered
  2. Service of the answer never matters
  3. Any notice overrides the defendant’s pleading
  4. The plaintiff may erase the service date
  5. The court must automatically dismiss the counterclaim too

Legal references

  • Rule17 Sections1–2: https://lawphil.net/courts/rules/rc_1-71_civil.html

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