Philippine Bar review · Question

Practice question: Subjects of Appeal and Review

Multiple Choice Medium

Practice question

A final dismissal with prejudice rests on the claim having been paid. Counsel says Primark makes every affirmative-defense dismissal nonappealable. Which distinction matters?
  1. Rule15 Section13 identifies extinguished claims among with-prejudice grounds subject to appeal
  2. All affirmative defenses have identical procedural effects
  3. Payment can never support final disposition
  4. Only lack of capacity is with prejudice
  5. The claimant chooses finality by naming it

Legal references

  • Philippine Primark v CBC-TAMG GR263887 August19,2024 MAIN, current Rule41 Section1 and Rule15 Section13: https://lawphil.net/judjuris/juri2024/aug2024/gr_263887_2024.html
  • International Exchange Bank v Lee GR243163 July4,2022 MAIN complete civil demurrer: https://lawphil.net/judjuris/juri2022/jul2022/gr_243163_2022.html

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