Philippine Bar review · Question

Practice question: Dismissal with Prejudice vs. without Prejudice

Multiple Choice Medium

Practice question

A Section2 court-approved dismissal order is silent about prejudice. A party applies Section3’s merits default merely because both orders use dismissed. Which is best?
  1. Section2’s own without-prejudice default governs this stated order
  2. Every dismissal word has identical effect
  3. Section3 controls all other sections automatically
  4. The clerk may choose the effect privately
  5. Silence always means permanent forfeiture

Legal references

  • Rule17 Sections2–3: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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