Philippine Bar review · Question

Practice question: Dismissal with Prejudice vs. without Prejudice

Multiple Choice Medium

Practice question

An ordinary without-prejudice dismissal is challenged by notice of appeal alone. No special appeal rule applies. Counsel ignores Rule41 Section1’s express list. Which is correct?
  1. Only the clerk may select an appellate remedy
  2. Every without-prejudice dismissal is ordinarily appealable
  3. The phrase without prejudice commands an appeal
  4. A notice necessarily changes the order into with prejudice
  5. The ordinary appeal route is barred for that listed order

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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