Philippine Bar review · Question

Practice question: Bar by Prior Judgment

Multiple Choice Medium

Practice question

A first case is dismissed expressly without prejudice on a procedural ground that does not adjudicate the merits. The defendant argues that this dismissal alone supplies a final merits judgment barring every refiling. Which is correct?
  1. Every dismissal is necessarily on the merits.
  2. Without prejudice means every claim is permanently extinguished.
  3. Only the clerk's opinion matters.
  4. A procedural dismissal creates all identities automatically.
  5. The asserted merits prerequisite is absent on the stated facts; a blanket bar-by-prior-judgment claim does not follow.

Legal references

  • https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf — Supreme Court official2019 Rules, Rule39§§47–48 and Rules57–61.
  • https://lawphil.net/judjuris/juri2025/aug2025/gr_243317_2025.html — Aguila v Perfect Dimension, GR243317, August4 2025, main decision.

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