This case has been cited 1 times or more.
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2015-11-25 |
DEL CASTILLO, J. |
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| The Court also takes into account the circumstance that petitioners' previous complaints were dismissed without prejudice. "A dismissal without prejudice does not operate as a judgment on the merits."[45] As contrasted from a dismissal with prejudice which disallows and bars the filing of. a complaint, a dismissal without prejudice "does not bar another action involving the same parties, on the same subject matter and theory."[46] The NLRC Rules of Procedure, specifically Section 16 of Rule V thereof, provides the remedy of filing for a revival or re-opening of a case which was dismissed without prejudice within 10 days from receipt of notice of the order of dismissal and of re-filing the case after the lapse of the 10-day period. Petitioners are thus not barred from re-filing their Complaints. | |||||