This case has been cited 4 times or more.
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2012-10-09 |
BERSAMIN, J. |
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| On July 26, 2010, Roderick Alcala (Alcala), the duly-elected Vice Mayor of Lucena City, sought to intervene,[23] positing that he should assume the post of Mayor because Barbara Ruby's substitution had been invalid and Castillo had clearly lost the elections. | |||||
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2009-10-02 |
NACHURA, J. |
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| A dismissal or discontinuance of an action operates to annul orders, rulings or judgments previously made in the case. It also annuls all proceedings had in connection therewith and renders all pleadings ineffective. A dismissal or nonsuit leaves the situation as though no suit had ever been brought. Further proceedings in the action are arrested and what has been done therein is also annulled, so that the action is as if it had never been. It carries down with it previous proceedings and orders in the action, and all pleadings of both parties, and all issues with respect to the plaintiff's claim.[28] By analogy, in Rodriguez, Jr. v. Aguilar, Sr.,[29] we held that upon the withdrawal by respondent therein of his Motion for Reconsideration, it was as if no motion had been filed. In the same manner that the withdrawal of an appeal has the effect of rendering the appealed decision final and executory, the withdrawal of the Motion for Reconsideration in that case had the effect of rendering the dismissal order therein final and executory. Further, in Olympia International, Inc. v. Court of Appeals,[30] we held, to wit: It is equally important to note that the right to file a new action in this case has long prescribed, for while the commencement of a civil action stops the running of the statute of prescription or limitations, its dismissal or voluntary abandonment by the plaintiff leaves the parties in exactly the same position as though no action had been commenced at all. The commencement of an action, by reason of its dismissal or abandonment, takes no time out of the period of prescription.[31] | |||||
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2007-03-27 |
TINGA, J. |
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| manner of dismissal was unduly injurious or tortious. Suing in the manner described is known as "splitting a cause of action," a practice engendering multiplicity of actions. It is considered procedurally unsound and obnoxious to the orderly administration of justice.[18] | |||||
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2006-08-31 |
CARPIO MORALES, J. |
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| Rodriguez, Jr. v. Aguilar, Sr.[32] echoed the above-quoted ruling. | |||||