Philippine Bar review · Question

Practice question: Dismissal with Prejudice vs. without Prejudice

Essay Hard

Practice question

A valid with-prejudice dismissal concerns ClaimA. Explain why that phrase alone does not necessarily defeat a genuinely distinct ClaimB where every applicable preclusion requirement and other bar is absent.

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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