This case has been cited 2 times or more.
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2006-03-28 |
TINGA, J. |
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| In Go v. Cruz,[20] the Court, through Chief Justice Narvasa, has recognized that "where the dismissal of an action rests exclusively on the will of a plaintiff or claimant, to prevent which the defending party and even the court itself is powerless, requiring in fact no action whatever on the part of the court except the acceptance and recording of the causative document."[21] The facts in that case are well worth considering. Therein, the notice of dismissal was filed by the plaintiff on 12 November 1981. Respondent filed his answer three days earlier, or on 9 November, but plaintiff was served a copy of the answer by registered mail only on 16 November. Notwithstanding the fact that the answer was filed with the trial court three days prior to the filing of the notice of dismissal, the Court still affirmed the dismissal sought by the plaintiff. The Court declared that the right of the plaintiff to cause the dismissal of the complaint by mere notice is lost not by the filing of the answer with the trial court, but upon the actual service to the plaintiff of the answer.[22] | |||||
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2004-08-12 |
CARPIO, J. |
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| NPC is in no position to invoke Section 1, Rule 17 of the 1964 Rules of Court. A plaintiff loses his right under this rule to move for the immediate dismissal of the complaint once the defendant had served on the plaintiff the answer or a motion for summary judgment before the plaintiff could file his notice of dismissal of the complaint.[27] Pobre's "motion to dismiss/answer," filed and served way ahead of NPC's motion to dismiss, takes the case out of Section 1, Rule 17 assuming the same applies. | |||||