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DISMISSAL
OF ACTIONS
RULE 17

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 Section 1. Dismissal Upon NOTICE of
Plaintiff

Section 2. Dismissal Upon MOTION of

Plaintiff

Section 3. Dismissal DUE TO FAULT of

Plaintiff

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Section 1. Dismissal Upon NOTICE of

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 Plaintiff
W hen filed: any time before a responsive
pleading is served

Court’s action: issue an order confirming such

dismissal

Nature of dismissal : without prejudice unless

otherwise stated in the
notice

Subject to the TWO-DISMISSAL RULE

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TWO-DISMISSAL RULE
 Section 1. x
x x. A notice
operates as
an
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.

The purpose of the "two-dismissal rule" is "to avoid

vexatious litigation." When a complaint is dismissed a
second time, the plaintiff is now barred from seeking
relief on the same claim. (Ramon Ching and Powing Properties,
Inc. vs Joseph Cheng, et al, G.R, 175507, October 8, 2014)
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Section 2. Dismissal Upon MOTION of Plaintiff
• When filed: after a responsive pleading has
been filed

Court’s action: shall not dismiss the action except if

approved by the
court and upon such terms
and conditions as the court
deems proper
- same with a class suit

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Section 2. Dismissal Upon MOTION of Plaintiff
Nature of dismissal: always W ITHOUT
PREJUDICE unless
otherwise specified by
the court;

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Section 2. Dismissal Upon MOTION of

Plaintiff Nature of dismissal: limited to the complaint

Without prejudice to the right of the
defendant to
prosecute his/her counterclaim in a
separate action
where a counterclaim has been pleaded
before the motion was served upon the
defendant

EXCEPTION: If within 15 cd from notice of

the motion, he/she manifests
his or her preference to have
his/her counterclaim resolved
 in the same action
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Section 3. Dismissal DUE TO FAULT of Plaintiff

If, with no justifiable cause,

(1) plaintiff fails to appear on the date of the presentation of his

or her evidence in chief on the complaint;

(2) Plaintiff fails to prosecute his or her action for an

unreasonable length of time

(3) Plaintiff fails to comply with the rules

(4) Plaintiff fails to comply with any order of the court

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Section 3. Dismissal DUE TO FAULT of

Plaintiff HOW MADE: motu proprio or upon motion

EFFECT ON COUNTERCLAIM: without prejudice to the right of

the defendant to prosecute his/her counterclaim in the same or
in a separate action

NATURE OF DISMISSAL: deemed as an adjudication on

the merits
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Section 4. Dismissal of counterclaim, cross-claim

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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 Section 1 of this Rule,
shall be made
BEFORE a responsive pleading,
a motion for summary judgment
is served or
if there is none,
before the introduction of evidence at
the trial or hearing.
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