RULE 17 DISMISSAL OF ACTIONS from notice of the motion he or she manifests

his or her preference to have his or her

Section 1. Dismissal upon notice by plaintiff. —
counterclaim resolved in the same action.
A complaint may be dismissed by the plaintiff by
Unless otherwise specified in the order, a
filing a notice of dismissal at any time before
dismissal under this paragraph shall be without
service of the answer or of a motion for
prejudice. A class suit shall not be dismissed or
summary judgment. Upon such notice being
compromised without the approval of the
filed, the court shall issue an order confirming
court.
the dismissal. Unless otherwise stated in the
notice, the dismissal is without prejudice,
except that a notice operates as an adjudication
- Dissmal of action made not by notice
upon the merits when filed by a plaintiff who
but by a motion
has once dismissed in a competent court an
- Here there is already an answer
action based on or including the same claim.
- There must be an approval of the court
- Without prejudice

- Dismissal of the plaintiff – wla pay

answer ito.
Section 3. Dismissal due to fault of plaintiff. —
- What is the effect? Without prejudice
If, for no justifiable cause, the plaintiff fails to
so pwde sya ifile.
appear on the date of the presentation of his or
- Mere submission of notice – mura ra
her evidence in chief on the complaint, or to
nig letter
prosecute his or her action for an unreasonable
- EXCEPTION
length of time, or to comply with these Rules or
o When in the notice of dismissal
any order of the court, the complaint may be
the plaintiff stated stated that it
dismissed upon motion of the defendant or
is with prejudice
upon the court's own motion, without prejudice
o When the noitice operates
to the right of the defendant to prosecute his or
adjudication , when TWO
her counterclaim in the same or in a separate
DISMISSAL RULE
action. This dismissal shall have the effect of an
adjudication upon the merits, unless otherwise
declared by the court. (3a)
Section 2. Dismissal upon motion of plaintiff. —
Except as provided in the preceding section, a
complaint shall not be dismissed at the
- Motion of the defendant or motu
plaintiff's instance save upon approval of the
propio
court and upon such terms and conditions as
- Section , - voluntary kasi and iba. These
the court deems proper. If a counterclaim has
one , faulth
been pleaded by a defendant prior to the
o Failure to
service upon him or her of the plaintiff's motion
o Failure to prosecute the action
for dismissal, the dismissal shall be limited to
 Frequent
the complaint. The dismissal shall be without
postponement
prejudice to the right of the defendant to
 Failure to set into
prosecute his or her counterclaim in a separate
pretrial – NOTE
action unless within fifteen (15) calendar days
 o Failure to comply with the rules PRE-trial brief section 6-
of court or order of the court
- EXAMPLE, if the plaintiff fails tio amend
- Bill of particulars
- Of certificate of forum shoping
RULE –
- THE DISMISSAL is WITH PREJUDICE –
you cannot refile it anymore A MATTER of right

- When trheintervenor is a indepssable

party like in a class suit.
Section 4. Dismissal of counterclaim, cross-
- St Philippine holding vs sandigan bayan
claim, or third-party complaint. — The
o What is your remedy?
provisions of this Rule shall apply to the
dismissal of any counterclaim, cross-claim, or  Here pwde mandamus,
third-party complaint. A voluntary dismissal by it depends –
the claimant by notice as in Section 1 of this ordinary,but when
Rule, shall be made before a responsive there is gross absuse of
pleading or a motion for summary judgment is discretion,
served or, if there is none, before the  https://lawphil.net/judj
introduction of evidence at the trial or hearing. uris/juri1996/feb1996/
gr_88345_1996.html
- Only possible before the trial court
enter judgment.
- https://www.chanrobles.com/scdecisio
RULE 18- pre trial ns/jurisprudence1997/jan1997/gr_1061
94_1997.php
o No need to intervene, kasi he
https://www.lawphil.net/judjuris/juri1989/nov1 will be bound by the ruling of
989/gr_78051_1989.html default in pretrial – the court.
motion for reconsideration - WHAT IS YOUR REMEDY WHEN YOUR
Motion is denied
o To appeal the denial of the
Motion for intervene,
o Batama vs Rosal – certiorari
DBP vs CA o https://www.lawphil.net/judjuri
A second pretrial cannot be granted s/juri1971/nov1971/gr_30526_
1971.html
https://lawphil.net/judjuris/juri1989/jan1989/g -
r_l49410_1989.html

Exception to the GR:

When the parties will agree to it.