Philippine Bar review · Question

Practice question: Dismissal with Prejudice vs. without Prejudice

Multiple Choice Easy

Practice question

Does dismissal without prejudice guarantee a later suit will succeed?
  1. Yes, the merits are conclusively established
  2. Yes, all limitations periods restart automatically
  3. No; refiling remains subject to jurisdiction, prescription and other applicable requirements
  4. Yes, every defense is erased
  5. Yes, the plaintiff may ignore all procedure

Legal references

  • Rule17 Sections1–2: https://lawphil.net/courts/rules/rc_1-71_civil.html

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