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?
- This dismissal is within the specified with-prejudice category, unlike the quoted exclusion
- Every dismissal is without prejudice
- Res judicata can never be appealed
- A caption mentioning judgment removes appellate power
- 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.