Log In Create Account

Philippine Bar review · Question

Practice question: Subjects of Appeal and Review

Multiple Choice Hard

Practice question

An RTC dismisses an entire action with prejudice because a prior judgment bars the same claim. The defeated plaintiff timely seeks review through the proper ordinary appeal. The opponent invokes the no-appeal rule for dismissals without prejudice. Which missing comparison defeats that objection?
  1. This dismissal is within the specified with-prejudice category, unlike the quoted exclusion
  2. Every dismissal is without prejudice
  3. Res judicata can never be appealed
  4. A caption mentioning judgment removes appellate power
  5. All dismissals require only Rule65

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

Answer this question in flashcards to review your response and continue practicing.