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RAMON CHING AND PO WING PROPERTIES, INC., PETITIONERS, VS. JOSEPH CHENG, et al., RESPONDENTS.

RAMON CHING AND PO WING PROPERTIES, INC., PETITIONERS, VS. JOSEPH CHENG, JAIME CHENG, MERCEDES IGNE[1] AND LUCINA SANTOS, RESPONDENTS.

G.R. No. 175507 | 2014-10-08

SECOND DIVISION
 
D E C I S I O N

LEONEN, J.:

Rule 17 of the Rules of Civil Procedure governs dismissals of actions at the instance of the plaintiff. Hence, the "two-dismissal rule" under Rule 17, Section 1 of the Rules of Civil Procedure will not apply if the prior dismissal was done at the instance of the defendant.
 
This is a petition for review on certiorari assailing the decision2 and resolution3 of the Court of Appeals in CA-G.R. SP. No. 86818, which upheld the (1) orderdated November 22, 2002 dismissing Civil Case No. 02-103319 without prejudice, and (2) the omnibus order5 dated July 30, 2004,...