Dismissal with prejudice

Dismissal with prejudice | Motions (RULE 15) | CIVIL PROCEDURE

DISMISSAL WITH PREJUDICE UNDER THE PHILIPPINE RULES OF CIVIL PROCEDURE
(With references to Rule 15 on Motions, Rule 17 on Dismissal of Actions, and relevant principles in Remedial Law, Legal Ethics, and Legal Forms)

1. CONCEPT AND LEGAL SIGNIFICANCE

  1. Definition

    • A “dismissal with prejudice” is a termination of an action that bars the refiling of the same claim or cause of action in the future. It operates as an adjudication on the merits, making it final and immediately appealable (unless some post-judgment remedies apply).

  2. Key Effect

    • Res Judicata (Claim Preclusion): Once a case is dismissed with prejudice, the same parties cannot relitigate the same cause of action or issue. The judgment of dismissal is deemed to conclusively settle the controversy.

  3. Rule 15 (Motions) Intersection

    • While the principal provisions on dismissal of actions can be found in Rule 17, the filing of a “Motion to Dismiss” is governed by Rule 15 (as to form, contents, and schedule of hearing).
    • Under the 2019 Amendments to the Rules of Civil Procedure, most defenses (including those formerly raised in a motion to dismiss) are now included in an Answer as affirmative or negative defenses. However, a motion to dismiss remains permissible under certain exceptional grounds (e.g., lack of jurisdiction, litis pendentia, res judicata, prescription, unenforceable claim, failure to state a cause of action, etc.). If the court grants such a motion with prejudice, the effect is that the suit is finally ended on the merits.

2. LEGAL BASES IN THE RULES OF COURT

  1. Rule 17 – Dismissal of Actions
    Although our classification references “Motions (Rule 15) > 6. Dismissal with prejudice,” the substantive rules on dismissal (including when it is deemed “with prejudice”) are found in Rule 17 of the Rules of Court:

    • Section 1: Voluntary Dismissal by the Plaintiff Through a Notice

      1. A plaintiff may dismiss his/her complaint as a matter of right by filing a Notice of Dismissal before the adverse party serves an Answer or a Motion for Summary Judgment.
      2. Such voluntary dismissal is ordinarily without prejudice, except when otherwise specified or when the plaintiff has previously dismissed the same claim in a prior case.
      3. If the same claim is voluntarily dismissed by the plaintiff more than once, the second dismissal generally operates as an adjudication on the merits and is thus with prejudice to its refiling.

    • Section 2: Voluntary Dismissal by Motion of the Plaintiff

      1. Once an Answer or a Motion for Summary Judgment has already been served, voluntary dismissal is no longer a matter of right but requires leave of court via a motion.
      2. The court’s order granting or denying dismissal is discretionary.
      3. Typically, a court order granting dismissal at this stage states whether it is with or without prejudice. If silent, the default presumption may be without prejudice—unless there is a clear showing that the dismissal is meant to bar refiling (e.g., a repeated dismissal or other compelling reason).

    • Section 3: Involuntary Dismissal

      1. A dismissal on certain grounds—such as failure to prosecute, failure to comply with the Rules or court orders, or non-appearance at trial—may result in dismissal with prejudice, unless the court specifically provides otherwise.
      2. This rule is meant to curb dilatory tactics and imposes a final bar when the plaintiff has manifested a lack of interest in prosecuting the case or has engaged in repeated procedural failures.

  2. Grounds Commonly Resulting in a Dismissal with Prejudice

    • Res Judicata (there is a prior judgment on the merits by a court of competent jurisdiction).
    • Prescription (action filed beyond the statutory period).
    • Litis Pendentia (the same action is pending between the same parties and for the same cause).
    • Failure to Prosecute the action for an unreasonable period (involuntary dismissal).
    • Repeated Dismissals (for instance, two voluntary dismissals of the same claim).
    • Failure to Appear during trial without justifiable reason (involuntary dismissal).
    • Failure to Comply with lawful orders of the court.
    • Motion to Dismiss Granted on the Merits (e.g., if the court rules definitively that the plaintiff has no cause of action and cannot amend).

3. DISTINCTION: DISMISSAL WITH PREJUDICE VS. DISMISSAL WITHOUT PREJUDICE

  1. With Prejudice

    • Effect: Operates as a final judgment on the merits; bars refiling of the same cause of action.
    • Remedy: The losing party’s recourse is to appeal, file a motion for reconsideration, or pursue other post-judgment remedies under the Rules (e.g., new trial, if available).

  2. Without Prejudice

    • Effect: Terminates the action but does not bar a subsequent suit on the same claim.
    • Remedy: The plaintiff may re-file the case in the same or another proper venue or court, subject to compliance with prescriptive periods and other procedural requisites.

4. PROCEDURAL CONSIDERATIONS UNDER RULE 15 (MOTIONS)

  1. Form and Contents of the Motion

    • Must state the ground(s) with particularity.
    • Must comply with the three-pronged notice requirement under the 2019 amendments (i.e., notice of hearing or notice of submission without hearing if allowed, proof of service, and compliance with mandatory periods).

  2. Hearing and Submission

    • Generally, a hearing is required unless the Rules or the court permit a submission without hearing (e.g., pure questions of law).
    • Parties are given the opportunity to comment or oppose the motion.

  3. Court’s Discretion

    • The court may either grant or deny the motion, and if it grants the motion, it has the power to declare whether the dismissal is “with” or “without prejudice.”
    • If the court fails to explicitly state “without prejudice,” and the circumstances clearly fit the criteria for a final adjudication (e.g., repeated voluntary dismissals, issues of res judicata), courts often construe it as a dismissal with prejudice.

  4. Omnibus Motion Rule

    • A party must raise all available objections in a single motion; otherwise, such defenses (except those that are not barred like lack of jurisdiction) are deemed waived.
    • If the ground for dismissal inevitably leads to a final disposition of the claim (e.g., prescription, res judicata), any grant of the motion effectively results in a dismissal with prejudice.

5. EXAMPLES AND SCENARIOS

  1. Repeated Voluntary Dismissals

    • Plaintiff files a notice of dismissal after the defendant serves an Answer; the court allows it. Later, plaintiff refiles the same claim and again files a motion to dismiss voluntarily. This second voluntary dismissal—if granted—would typically be with prejudice. The rule prevents plaintiffs from repeatedly filing and dismissing actions to harass the defendant or to circumvent the rules.

  2. Failure to Prosecute

    • The plaintiff has shown total indifference by missing multiple hearings and ignoring court orders. The defendant files a motion to dismiss the case for failure to prosecute. If granted, the dismissal is often deemed with prejudice. This penalizes the plaintiff for neglect and avoids undue prolongation of litigation.

  3. Grounds That Operate as a Final Bar

    • A defendant moves to dismiss on the ground of res judicata. If the court finds that there was indeed a prior final judgment on the same claim, it must dismiss the action with prejudice.
    • A defendant moves to dismiss on the ground of prescription. If clearly established that the claim is time-barred, the dismissal is inevitably with prejudice.

  4. Failure to State a Cause of Action vs. “Cannot State a Cause of Action”

    • If a motion to dismiss based on failure to state a cause of action is granted but the defect is curable by amendment, courts typically dismiss without prejudice, allowing the plaintiff to amend or re-file.
    • If the court finds that amendment cannot possibly cure the defect (the claim is inherently flawed), dismissal effectively becomes with prejudice.

6. IMPLICATIONS FOR LEGAL ETHICS

  1. Duty of Counsel

    • Lawyers must competently advise clients about the consequences of seeking or assenting to a dismissal with prejudice (especially in voluntary dismissals).
    • Counsel has an obligation to avoid forum shopping or repeated frivolous filings. If counsel repeatedly dismisses actions and re-files the same claims, they risk ethical sanctions, as this can be considered dilatory or vexatious conduct.

  2. Avoiding Abuse of Process

    • The principle of fairness dictates that lawyers should not manipulate procedural rules (like repeated voluntary dismissals) to harass the opposing party. Courts can intervene and dismiss with prejudice if the pattern indicates abuse.

7. RELEVANT JURISPRUDENCE

  • Sps. Oñate v. Court of Appeals, G.R. No. 117596 (1997)
    Affirms that once a dismissal is declared “with prejudice,” it is a final disposition on the merits and bars re-litigation of the same cause of action.

  • Heirs of Maningding v. Court of Appeals, G.R. No. 108355 (1998)
    Emphasizes that a second voluntary dismissal can operate as an adjudication on the merits, thus barring a third filing.

  • Hyatt Industrial v. Asia Dynamic Electric, G.R. No. 176034 (2014)
    Discusses the effect of an involuntary dismissal based on a plaintiff’s lack of interest in pursuing the case—generally deemed with prejudice unless otherwise specified.

Although these cases refer to previous versions of the Rules, the core principles remain relevant under the 2019 amendments.

8. LEGAL FORMS AND SAMPLE CLAUSES

  1. Motion to Dismiss (With Prejudice) 

    REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
______________ JUDICIAL REGION
BRANCH ____ 
(City/Province)

[PLAINTIFF],
    Plaintiff,
-versus-                                 Civil Case No. ____

[DEFENDANT],
    Defendant.

x-----------------------------------------x

                MOTION TO DISMISS (WITH PREJUDICE)

DEFENDANT, through counsel, unto this Honorable Court, respectfully states:

1. That plaintiff’s cause of action is barred by prior judgment, specifically [state details of the previous final judgment].
2. Alternatively, the claim is clearly time-barred, having prescribed under [cite the applicable law/statute].
3. Consequently, the complaint fails to state a cause of action upon which relief can be granted because the cause is already extinguished by operation of law.

PRAYER
WHEREFORE, defendant respectfully prays that this Honorable Court DISMISS the complaint WITH PREJUDICE on the ground of [res judicata / prescription / other final bar].

Other reliefs just and equitable under the premises are likewise prayed for.

(Date, Place)
Respectfully submitted,

(Signature of Counsel)
(Name of Counsel)
(Roll Number, IBP Number, PTR, MCLE Compliance, etc.)
Counsel for Defendant

  2. Order of Dismissal with Prejudice 

    REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
______________ JUDICIAL REGION
BRANCH ____ 
(City/Province)

[PLAINTIFF],
    Plaintiff,
-versus-                                 Civil Case No. ____

[DEFENDANT],
    Defendant.

x-----------------------------------------x

                      ORDER

This resolves the Motion to Dismiss filed by defendant on the ground of [res judicata/prescription/etc.].

After a careful evaluation of the records, the Court finds that:
1) A previous final judgment on the same cause of action was rendered in [Case No. ________].
2) The present complaint involves the same parties and subject matter, rendering it barred by res judicata.

WHEREFORE, the complaint is hereby DISMISSED WITH PREJUDICE. 

SO ORDERED.

(Date, Place)

(Signature of the Presiding Judge)
Presiding Judge

9. PRACTICAL TIPS AND CONCLUSION

  1. Thoroughly Assess Grounds

    • Before seeking dismissal with prejudice, verify if the ground truly bars the action (res judicata, prescription, repeated dismissals, etc.). Dismissal with prejudice is a potent tool but must be invoked responsibly.

  2. Clear Drafting

    • In your Motion to Dismiss, explicitly pray for dismissal with prejudice if that is your goal.
    • The court order should likewise explicitly state whether dismissal is with or without prejudice to avoid ambiguity.

  3. Client Counseling

    • If you represent the plaintiff, weigh carefully the decision to voluntarily dismiss your case once the Answer is served. The risk is that the court may order a dismissal with prejudice if it perceives repeated or abusive use of dismissals.
    • If you represent the defendant, highlight definitive bars (e.g., prescription, prior judgment) that necessitate a final dismissal and thereby spare your client further litigation costs.

  4. Finality

    • Dismissal with prejudice ends the case on the merits; the remedy of the aggrieved party (usually the plaintiff) is limited to an appeal, motion for reconsideration, or other post-judgment relief. This underscores the seriousness of the ruling.

In sum, dismissal with prejudice is a critical aspect of Philippine civil procedure, ensuring that cases are not perpetually recycled once a court has effectively ruled on the merits or where the grounds for dismissal permanently bar the action. Properly handling motions under Rule 15 and the substantive provisions of Rule 17 is essential for both plaintiffs and defendants, requiring precision, good faith, and full awareness of the rule’s res judicata effect.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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