Dismissal of Civil Actions

Legal proceedings can be complex, and one crucial aspect is understanding the difference between dismissal with prejudice and dismissal without prejudice. These terms carry significant consequences for the future course of a case and the rights of the parties involved. In this article, we aim to shed light on the complexities surrounding dismissals of civil actions under the Rules of Court.

What are the differences between dismissal with prejudice and dismissal without prejudice?

The following are the distinctions:

Dismissal with prejudice is one made by the court after adjudication on the merits; while dismissal without prejudice is not an adjudication on the merits.

As to remedy, in dismissal with prejudice, the remedy is an appeal; in dismissal without prejudice, the remedy is to refile, unless the order dismissing without prejudice may be the subject of an appropriate special civil action under Rule 65, provided that the requirements for a Rule 65 petition are present.

What are the instances where a dismissal is with prejudice?

The following are the instances:

1. An order granting a motion to dismiss or an affirmative defense:
   1. That the cause of action is barred by a prior judgment; or
   2. That the cause of action is barred by the statute of limitations;
   3. That the claim or demand set forth in the plaintiff’s pleading has been paid, waived, abandoned or otherwise extinguished; or
   4. That the claim on which the action is founded is unenforceable under the provisions of the statute of frauds.
2. A notice of dismissal when filed by a plaintiff who has once dismissed in a competent court an action based on or including the same claim.
3. A dismissal due to the fault of the plaintiff unless otherwise declared by the Court.
4. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be ground for summary dismissal with prejudice; and
5. When there is failure to appear in pre-trial, unless otherwise ordered by the court.

When can a plaintiff file a notice for the dismissal of his complaint?

The plaintiff, at any time before the service of an answer or a motion for summary judgment, may file a notice of dismissal of his complaint. Upon its filing, the court shall issue an order confirming such dismissal 

Note: This dismissal is a matter of right on the part of the plaintiff.

What is the nature of dismissal of the complaint upon notice by the plaintiff?

The dismissal upon notice by the plaintiff shall be without prejudice to the re-filing of the complaint except when:

1. The notice of dismissal provides that the dismissal is with prejudice; or
2. The plaintiff has previously dismissed the same case in a court of competent jurisdiction.

When is the Two-Dismissal Rule applicable? 

This rule 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. 

Note: In such case, the dismissal is with prejudice and the complainant cannot file the same complaint because of res judicata.

When can the plaintiff file a motion to dismiss his complaint?

If an answer has already been filed by the defendant, the plaintiff cannot dismiss his complaint at his own instance save upon approval of the court and upon such terms and conditions as the court deems proper 

Note: Unless otherwise specified in the order a dismissal upon motion of the plaintiff shall be without prejudice.

What is the effect of a dismissal of the complaint through a motion by the plaintiff to an existing counterclaim filed by the defendant?

If a counterclaim has been pleaded by a defendant prior to the service upon him or her of the plaintiff’s motion for dismissal, the dismissal shall be limited to the complaint. The dismissal shall be without prejudice to the right of the defendant to prosecute his or her counterclaim in a separate action unless within 15 calendar days from notice of the motion he or she manifests his or her preference to have his or her counterclaim resolved in the same action.

When is a dismissal due to the fault of the plaintiff? 

The dismissal is due to the fault of the plaintiff in the following instances,

1. Plaintiff fails to Appear for no justifiable cause on the day of the presentation of his or her evidence in chief on the complaint;
2. Plaintiff fails to Prosecute his or her action for an unreasonable length of time: or
3. Plaintiff fails to Comply with the Rules or any order of the court.

Note: The dismissal shall be with prejudice since they have an effect of an adjudication on the merits, unless the court provides otherwise.

Source: 

The Rules of Court