Philippine Bar review · Question

Practice question: Strategic Lawsuit Against Public Participation (SLAPP)

Multiple Choice Hard

Practice question

A resident pleads a supported SLAPP defense and a counterclaim for damages and fees. After hearing, the court finds the action is a SLAPP and dismisses it. The plaintiff says dismissal must always be without prejudice and that counterclaim relief is categorically forbidden. Which is best?
  1. Both assertions are correct
  2. Dismissal under Rule6 is with prejudice, and supported counterclaim relief may be awarded
  3. All requested damages are automatically awarded without proof
  4. The resident must file a new case before any fees can ever be awarded
  5. The court may never consider litigation expenses

Legal references

  • AM09-6-8-SC Rule6 Sections2 and4: https://lawphil.net/courts/supreme/am/am_09-6-8-sc_2010.html

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