Practice question
The court grants a properly raised defense establishing that the claim was fully paid. Its dismissal is governed by Rule15 Section9. Plaintiff says only a full testimonial trial can ever produce a refiling bar. Which is correct?
- Only the number of witnesses controls prejudice
- A testimonial trial is always indispensable
- Paid claims can never be barred
- The rule expressly supplies a bar for that dismissal, subject to appeal
- Payment is irrelevant to dismissal effect
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
Answer this question in flashcards to review your response and continue practicing.