J. Dismissal of Actions (Rule 17)

Question 1

DISMISSAL WITH PREJUDICE

How done

Answer 1

1. The notice of dismissal by the plaintiff provides that the dismissal is with prejudice; OR
2. The plaintiff has previously dismissed the same case in a court of competent jurisdiction based on or including the same claim (Sec. 1, Rule 17, ROC, as amended)

Question 2

DISMISSAL WITH PREJUDICE; Effect

Answer 2

The dismissal shall have the effect of adjudication on the merits, unless otherwise declared by the court. (AFP Retirement and Separation Benefits System v. Republic, G.R. No. 188956, 20 Mar. 2013)

Question 3

DISMISSAL WITHOUT PREJUDICE

Answer 3

A dismissal made by the filing of a notice of dismissal, i.e., the complaint can be refiled. (Riano, 2014 2019)

Question 4

DISMISSAL UPON NOTICE BY
THE PLAINTIFF;
TWO-DISMISSAL RULE

Answer 4

A complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before service of the answer or of a motion for summary judgment. Upon such notice being filed, the court shall issue an order confirming the dismissal. Unless otherwise stated in the notice, the dismissal is without prejudice, except that a notice operates as adjudication upon the merits when filed by a plaintiff who has once dismissed in a competent court an action based on or including the same claim. (Sec. 1, Rule 17, ROC, as amended)

Question 5

DISMISSAL UPON MOTION OF PLAINTIFF; EFFECT ON EXISTING COUNTERCLAIM

Answer 5

After service of the answer or a
motion for summary judgment by
the adverse party. (Sec. 2, Rule 17,
ROC, as amended) (2010 BAR)

Section 4. Dismissal of counterclaim, cross-claim, or third-party complaint. - The provisions of this Rule shall apply to the dismissal of any counterclaim, cross-claim, or third-party complaint. A voluntary dismissal by the claimant by notice as in [S]ection 1 of this Rule, shall be made before a responsive pleading or a motion for summary judgment is served or, if there is none, before the introduction of evidence at the trial or hearing.

Question 6

DISMISSAL UPON NOTICE BY
THE PLAINTIFF;TWO-DISMISSAL RULE

-Is it a matter of right

Answer 6

It is a matter of right.

GR: A dismissal without prejudice i.e., the complaint can be re-filed

XPNs:

1. The notice of dismissal by the plaintiff provides that the dismissal is with prejudice; or
2. The plaintiff has once dismissed in a competent court an action based on or including the same claim (Two-Dismissal Rule) (Sec. 1, Rule 17, ROC, as amended).
3. Even where the notice of dismissal does not provide that it is with prejudice but it is premised on the fact of payment by the defendant of the claim involved (Serrano v. Cabrera, G.R. No. L-5189, 21 Sept. 1953)

NOTE: The dismissal as a matter of right ceases when an answer or a motion for summary judgment is served on the plaintiff and not when the answer or motion is filed with the court. Thus, if a notice of dismissal is filed by the plaintiff even after an answer has been filed in court but before the responsive pleading has been served on the plaintiff, the notice of dismissal is still a matter of right.

-Since there is no answer yet filed
by the adverse party, no counterclaim is recoverable.

Question 7

DISMISSAL UPON MOTION OF
PLAINTIFF;EFFECT ON EXISTING
COUNTERCLAIM

Answer 7

After service of the answer or a motion for summary judgment by the adverse party. (Sec. 2, Rule 17, ROC, as amended) (2010 BAR)

Answer 8

A matter of discretion upon the court.

A complaint shall not be dismissed at the plaintiff’s instance save upon approval of the court and upon such terms and conditions as the court deems proper. (Sec. 2, Rule 17, ROC, as amended) (2010 BAR)

GR: It is a dismissal without prejudice.

XPN: If the order of dismissal specifies that it is with prejudice. (Sec. 2, Rule 17, ROC, as amended)

NOTE: A class suit shall not be dismissed or compromised without the approval of the court. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff’s motion for dismissal, the dismissal shall be limited to the complaint.

Answer 9

A matter of discretion upon the court.

A complaint shall not be dismissed at the plaintiff’s instance save upon approval of the court and upon such terms and conditions as the court deems proper. (Sec. 2, Rule 17, ROC, as amended) (2010 BAR)

GR: It is a dismissal without prejudice.

XPN: If the order of dismissal specifies that it is with prejudice. (Sec. 2, Rule 17, ROC, as amended)

NOTE: A class suit shall not be dismissed or compromised without the approval of the court. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff’s motion for dismissal, the dismissal shall be limited to the complaint.

Answer 10

A matter of discretion upon the court.

A complaint shall not be dismissed at the plaintiff’s instance save upon approval of the court and upon such terms and conditions as the court deems proper. (Sec. 2, Rule 17, ROC, as amended) (2010 BAR)

GR: It is a dismissal without prejudice.

XPN: If the order of dismissal specifies that it is with prejudice. (Sec. 2, Rule 17, ROC, as amended)

NOTE: A class suit shall not be dismissed or compromised without the approval of the court. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff’s motion for dismissal, the dismissal shall be limited to the complaint.

Question 10

DISMISSAL UPON MOTION OF
PLAINTIFF;EFFECT ON EXISTING
COUNTERCLAIM (2)

Answer 10

A matter of discretion upon the court.

A complaint shall not be dismissed at the plaintiff’s instance save upon approval of the court and upon such terms and conditions as the court deems proper. (Sec. 2, Rule 17, ROC, as amended) (2010 BAR)

GR: It is a dismissal without prejudice.

XPN: If the order of dismissal specifies that it is with prejudice. (Sec. 2, Rule 17, ROC, as amended)

NOTE: A class suit shall not be dismissed or compromised without the approval of the court. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff’s motion for dismissal, the dismissal shall be limited to the complaint.

Question 11

DISMISSAL UPON MOTION OF
PLAINTIFF;EFFECT ON EXISTING
COUNTERCLAIM (3)

Answer 11

GR: It is without prejudice to the right of defendant to prosecute his counterclaim in a separate action.

XPN: Unless within fifteen (15) calendar days from notice of the motion he manifests his preference to have his counterclaim resolved in the same action

Question 12

DISMISSAL DUE TO THE FAULT
OF PLAINTIFF (1)

Answer 12

1. If, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his evidence in chief on the complaint
2. If the plaintiff fails to prosecute his action for an unreasonable length of time (nolle prosequi)
3. If the plaintiff fails to comply with the Rules or any order of the court (Sec. 3, Rule 17, ROC, as amended) (2008 BAR)

NOTE: The plaintiff’s failure to appear at the trial after he has presented his evidence and rested his case does not warrant the dismissal of the case on the ground of failure to prosecute. It is merely a waiver of his right to crossexamine and to object to the admissibility of evidence

Question 13

DISMISSAL DUE TO THE FAULT
OF PLAINTIFF (2)

Answer 13

Matter of evidence.

GR: Dismissal is with prejudice because it has an effect of an adjudication on the merits.

XPN: Unless otherwise declared by the court. (Sec. 3, Rule 17, ROC, as amended

Question 14

DISMISSAL DUE TO THE FAULT
OF PLAINTIFF (3)

Answer 14

Dismissal upon motion of the defendant or upon the court’s own motion is without prejudice to the right of the defendant to prosecute his counterclaim on the same or separate action.

Question 15

Effect: Failure of the plaintiff to appear at the pre-trial

Answer 15

Failure of the plaintiff to appear at the pre-trial when so required shall cause for the dismissal of the action. (Suico Industrial Corp. v. Lagura-Yap, G.R. No. 177711, 05 Sept. 2012)