Rule 17 Dismissal of Actions

Section 1 Notice of dismissal by plaintif

- Provides that a complaint may be dismissed
by the plaintif by filing a notice of dismissal
at any time before service of the answer or
of a motion of summary judgment.
- Upon such notice being filed, the court shall
issue an order confirming the dismissal
- The rule allow the plaintif to withdraw but
its requires the court to confirm the
dismissal.
Section 2 Motion of dismissal by plaintif
- If a counterclaim has been pleaded by a
defendant prior to the service of dismissal by
plaintif, the dismissal shall be limited to the
complaint.
- In such a situation the dismissal shall be
without prejudice to the right of the
defendant to prosecute his counterclaim in
a seperarte action unless within 15 days
from notice of the motion he manifests his
preference to have his counterclaim resolved
in the same action.
Section 3 Dismissal due to fault of plaintif
- Plaintif failure to appear, to prosecute, to
comply with these rules or any order of the
court as a ground for dismissal if there is no
justifiable cause.
Ex.
1. Failure to appear on the date of the
presentation of evidence in chief on the
complaint.
However the court may no longer where the
evidence may already be sufficient to
establish the cause of action

If not dismissal should be on the sufficiency.

The unwillingness of the party to
proceed to trial becayse of the
absence of the counsel after being
given time to secure services of
counsel is ground for dismissal
2. Failure to comply with the riles
3. Failure to prosecute for an unreasonable
length of time
Test of failure to prosecute
4. Failure to comply with order of the court.
The defendant may mover for the dismissal
of the complaint even before the court has
acquired jurisdiction over the person.
Ex.
1. Dismissal for failure to comply with the
order to amend complain to make claims
asserted more definite is ground for
dismissal. Where the plaintif was ordered by
the court to file an answer to the defendants
motion to dismiss but failed to do so or
where the plaintif was required by the trial
court to take depositions of witnesses in
foreign countries but no efort was made by
him to obtain such depositions the case can
be properly dismissed
2. Failure to comply with an order to include
indispensable parties is a ground for
dismissal
3. The court may motu proprio dismiss the
complain for failure to comply with the rules
4.
Same rule on failing to comply with
actionable documents
5. Failure to submite a compromise
agreement within the period granted to them
by the court is not a ground for dismissal