DISMISSAL OF ACTIONS

a. Dismissal with Prejudice

When a motion to dismiss or an affirmative defense is granted on the
5 following grounds,the order shall bar the refiling of the same
action or claim:
a. The cause of action is barred by prior judgment;
b. The cause of action is barred by the statute of limitations;
c. That the claim or demand set forth in the plaintiff’s pleading has
10 been paid, waived, abandoned, or otherwise extinguished; or
d. That the claim on which the action is founded is unenforceable
under the provisions of the statute of frauds.
 Note: Such rule does not bar the filing of an appeal to challenge the
granting of the motion to dismiss or the affirmative defense. [Sec. 13,
Rule 15]

5 b. Dismissal Upon Notice by Plaintiff

A complaint may be dismissed by the plaintiff by filing a notice of
dismissal at any time before service of
a. The answer, or
b. A motion for summary judgment
10 Upon such notice being filed, the court shall issue an order
confirming the dismissal. [Sec. 1, Rule 17]
Note: Sec. 1, Rule 17 refers to “before service”, not “before filing.”
Withdrawal is not automatic but requires an order by the court
confirming the dismissal.
 Until thus confirmed, the withdrawal does not take effect [1Herrera
1055, 2007 Ed.]

General rule: Dismissal is without prejudice

5 Exceptions:
a. Unless otherwise stated in the notice
b. 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 [Sec. 1, Rule 17]
10
Two-dismissal Rule
The notice of dismissal operates as an adjudication upon the merits
[Sec. 1, Rule 17]
 Applies when the plaintiff has
1. A twice dismissed action,
2. Based on or including the same claim,
3. In a court of competent jurisdiction.
5
c. Dismissal Upon Motion by Plaintiff; Effect on Existing Counterclaim
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]
10
General rule: Dismissal is without prejudice
Exception: Otherwise specified in the order [Sec. 2, Rule 17]

d. Dismissal Due to The Fault of Plaintiff

 The complaint may be dismissed upon motion of the defendant or
upon the court’s own motion if, for no justifiable cause, the plaintiff:
1. Fails to appear on the date of the presentation of his evidence in
chief on the complaint
5 a. 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
10 crossexamine and to object to the admissibility of evidence [Jalover v.
Ytoriaga, G.R. No. L-35989 (1977)]
2. Fails to prosecute his action for an unreasonable length of time,
also called as non-prosequitur
 a. The test for dismissal of a case due to failure to prosecute is
whether or not, under the circumstances, the plaintiff is chargeable
with want of due diligence in failing to proceed with reasonable
promptitude. [Calalang v. CA, G.R. No. 103185 (1993)]
5 b. The dismissal of an action pursuant to this Rule rests upon the
sound discretion of the court. [Smith Bell and Co. v. American President Lines
Ltd., G.R. Nos. L-5304 to L-5324 (1954)]
c. The action should never be dismissed on a non-suit for want
of prosecution when the delay was caused by the parties looking
10 towards a settlement. [Goldloop Properties Inc. v. CA, G.R. No. 99431 (1992)]
3. Fails to comply with the ROC or any court order. [Sec. 3, Rule 17]
a. A case may be dismissed for failure to answer written
interrogatories under Rule 25 even without an order from the court
 to answer. [Arellano v. CFI Sorsogon, G.R. No. L-34897 (1975)] [also see Sec. 5,
Rule 29]

General rule: This dismissal shall have the effect of an adjudication upon
5 the merits and is thus a dismissal with prejudice. [AFP Retirement v. Republic,
694 SCRA 118 (2013)]
Exception: Otherwise declared by the court. [Sec. 3, Rule 17]
Note: Under Sec. 3, Rule 14, the plaintiff’s failure to comply with the
order of the court to serve summons shall cause the dismissal of the
10 initiatory pleading without prejudice.

e. Dismissal of Counterclaim, Cross-claim, Or Third-party Complaint

Provisions of Rule 17 shall apply to the dismissal of any counterclaim,
cross-claim, or third-party complaint.
 Voluntary dismissal by the claimant by notice as in Sec. 1, Rule 17
shall be made:
a. Before a responsive pleading or a motion for summary judgment is
served; or b. If there is none, before the introduction of evidence at trial
5 or hearing. [Sec. 4, Rule 17]