Philippine Bar review · Question

Practice question: Matters Not Appealable

Multiple Choice Easy

Practice question

What does current Rule41 §1 say about an order dismissing an action without prejudice?
  1. It is always appealable by notice.
  2. It must be appealed directly to COMELEC.
  3. It is among the orders from which no appeal may be taken.
  4. It automatically resolves every substantive claim forever.
  5. It is a new complaint.

Legal references

  • https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf — Supreme Court official current2019 Rules40–41 text.
  • https://lawphil.net/judjuris/juri2022/jul2022/gr_243163_2022.html — International Exchange Bank v Lee, GR243163, July4 2022, main decision.

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