CHING v CHENG: the two-dismissal rule is applicable ONLY when it is the petitioner

who caused the second dismissal of the case. (Dismissals under S2R17 are without
prejudice EXCEPT when it is the second time that the plaintiff caused the dismissal.

S1 R17 will not apply if the prior dismissal was done at the instance of the defendant.

TWO DISMISSAL RULE: the second dismissal will bar the filing of the action because it
will operate as adjudication of the claim upon the merits. It applies when the plaintiff
has:
1. Twice dismissed the action
2. Based on or including the same claim; and
3. In a court of competent jurisdiction