Professional Documents
Culture Documents
ANNOTATION
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6/25/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 049
A. Dismissal by Plaintiff.
The Rules authorize the plaintiff to unilaterally dismiss his
complaint by simply filing with the court a notice of
dismissal. This may be done at anytime before the service
of the answer or of a motion for summary judgment.
Dismissal by unilateral action of the plaintiff works no
prejudice to the subsequent filing of the same claim in
court. However, there are two exceptions to this principle,
namely, (1) when it is expressly stated in the notice that
the dismissal shall be with prejudice; and (2) even when
not so stated, if the plaintiff has once dismissed in a
competent court an action based on or including the same
claim. A class suit may not, however, be dismissed or
compromised without the court’s approval. (Section 1, Rule
17).
C. Other Dismissals.
If the plaintiff fails to appear at the trial, or to prosecute
his action for an unreasonable length of time, or to
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6/25/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 049
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“While the dismissal of Civil Case No. 1430 was not made after
the presentation of the evidence or after trial where the issues
raised are passed upon, it cannot be said that the same is not an
adjudication on the merits. Under Section 4, Rule 30, any
dismissal of the case predicated under Section 3 of said Rule or
under Section 1, Rule 8, operates as an adjudication on the merits
unless the court expressly directs that the dismissal is without
prejudice. The only exception is when the dismissal is based on
lack of jurisdiction [under the old Rules]. Considering that the
former case was dismissed on the ground of lack of personality,
the same operates as an adjudication upon the merits and,
therefore, is a bar to another action between the same parties on
the same subject matter.”
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out by the appellant, that the above rule does not exclude
other instances where a dismissal not based on lack of
jurisdiction does not operate as an adjudication on the
merits, like a dismissal based on wrong venue. These
exceptions, are, however, grounded on the fact that the
case is dismissed or goes off on a preliminary technical plea
or objection, not bearing on the merits of the case. For
instance, a dismissal on the ground of improper venue,
though not strictly a jurisdictional matter, may be
considered as lack of jurisdiction over the person of the
defendant and hence does not operate as an adjudication on
the merits (Cohen vs. Benguet Comm. Co., 34 Phil. 526; I
Moran, Comments on the Rules of Court, 1957 Ed., p. 433).
Similarly, a dismissal based on want of capacity to sue is
not a bar to another action after the incapacity is removed
(50 C.J.S. 53); a dismissal because the action was
prematurely brought, will not bar another action for the
same cause when the right of action becomes complete (Id.,
p. 54); or a judgment of dismissal on the ground of formal
defects or errors in the complaint which do not touch on the
merits of the controversy is no bar to a second suit wherein
the defects in the previous pleading are cured or obviated
(Id., p. 67; Araneta vs. Diaz, et al., 69 Phil. 390).”
In the case of Ao San vs. Republic (20 SCRA 1092), the trial
court after granting Ao San’s petition for citizenship set it
aside on a plea of the government that the applicant’s
petition was defective in several respects, namely, (a) he
failed to state all of his previous places of residence; and (b)
Ao San stated he has five children originally, then in his
amended petition he stated he has eight children and the
birth of two of them had an interval of only five months
and twentyfive days. The dismissal order, however, stated
that it was “without prejudice” to the filing of another
petition as it found the petitioner not suffering from any
disqualification.
563
564
“While it is true that under the rules it is the duty of the clerk of
court to include a case in the trial calendar after issues are joined,
to fix the date for trial, and to cause notice to be served upon the
parties, this does not relieve the plaintiffs of their own duty to
prosecute the case diligently and to call the attention of the court,
if necessary, to the necessity of putting
565
the case back to its calendar if that has been neglected by the
court because of the numerous cases it has to attend to. . . .”
“It cannot be denied, of course, that there was failure on the part
of the appellant to show sufficient interest in the prosecution of
its case because it allowed four years to elapse from the first date
of trial before securing another assignment of date. Considering,
however, the possibility that court sessions in the jurisdiction
where the case was pending were not continuous—– for which
reason the Court itself seems to have forgotten the case all
together—– and considering likewise the fact that appellees had
also shown lack of interest in having the case tried and disposed
of, We feel that, in equity, the order of dismissal—– which by its
terms would amount to a dismissal on the merits—– should not be
allowed to stand to the prejudice of the claim of the appellant
entity.”
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