1)

a) Yes, Atty R’s action is proper.

Under Sec 2 Rule 17 of the ROC, plaintiff may, after service of the answer of the defendant, with leave of
court, file a motion to dismiss the complaint.

b) As the judge, I will resolve the motion in the following manner:

First, I will dismiss the complaint originally filed by the plaintiff as the plaintiff may, by leave of court, file
a motion to dismiss his complaint if a counterclaim has already been pleaded by a defendant in his
answer under Sec 2 of Rule 17.

Second, being that the dismissal shall be limited to the plaintiff’s complaint, the dismissal shall be
without prejudice to the right of the defendant to prosecute his counterclaim in a separate action unless
within fifteen (15) days from notice of the motion he manifests his preference to have his counterclaim
resolved in the same action.

a) Yes, Atty. R’s action is proper provided that he was able to procure the approval of the court and
followed such terms and conditions imposed by the court as it deemed proper.

Under Rule 17, Sec. 2 of the Rules of Court, the rule in substance provides that once an answer
has already been served on the plaintiff, the dismissal is no longer a matter of right and will require the
filing of motion to dismiss with approval of the court and upon such terms and conditions as the court
deems proper.

Hence, complying with the conditions set forth under the aforementioned rule, Atty. R’s action
of withdrawing plaintiff’s complaint is allowed and shall be deemed proper as the case may be.

b) If I were the judge, I will resolve the motion in the following manner:

1. Dismiss the complaint (original complaint filed by the plaintiff) without prejudice to the
defendant to either prosecute his counterclaim in a separate action or to have the same
resolved in the same action.

2. Should the defendant file a separate action for his counterclaim, I will render the
corresponding order granting and reserving the defendant’s right to prosecute his claim in a
separate complaint.

3. Should the defendant choose to have his counterclaim disposed in the same action, he must
manifest such preference to the court within fifteen (15) days from notice of the motion to have
his counterclaim resolved in the same action.