Monday, September 29, 2014

JUSTICE PERALTA:

     when a complaint is dismissed without prejudice at the instance of the plaintiff, pursuant to Section 1, Rule 17 of the 1997 Rules of Civil Procedure, there is no need to state in the certificate of non-forum shopping in a subsequent re-filed complaint the fact of the prior filing and dismissal of the former complaint. (BENEDICTO vs. LACSON [2010], PERALTA, J.).

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