Philippine Bar review · Question

Practice question: Dismissal with Prejudice vs. without Prejudice

Multiple Choice Hard

Practice question

An order validly dismisses ClaimA with prejudice. A later suit asserts a genuinely distinct ClaimB; all required preclusion identities and any other bars are affirmatively absent. Defendant relies solely on the phrase with prejudice to bar every future dispute between the parties. Which is sound?
  1. It universally bans the parties from all litigation forever
  2. The phrase does not itself bar every distinct claim regardless of preclusion requirements
  3. Every later claim is necessarily identical
  4. The phrase creates immunity from unrelated obligations
  5. Only the defendant may define all future claims

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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