Log In Create Account

Philippine Bar review · Question

Practice question: Dismissal with Prejudice vs. without Prejudice

Multiple Choice Hard

Practice question

A competent court confirms dismissal after a qualifying second notice under Section1, with the complete two-dismissal history established. The plaintiff files the same claim again, claiming every notice dismissal is without prejudice regardless of history. Which is best?
  1. The first sentence automatically erases the two-dismissal exception
  2. A third case number necessarily creates a new cause of action
  3. The established exception gives merits effect, so the blanket notice-dismissal assertion fails
  4. The defendant may impose punishment privately
  5. Every unrelated future claim is also barred

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.