Failure to Prosecute

The dismissal of the replevin case for failure to prosecute results in the restoration of the parties’ status prior to litigation, as if no complaint was filed at all. To let the writ of seizure stand after the dismissal of the complaint would be adjudging Advent as the prevailing party, when precisely no decision on the merits had been rendered. Accordingly, the parties must be reverted to their status quo ante. Since Young possessed the subject car before the filing of the replevin case, the same must be returned to him, as if no complaint was filed at all (Advent Capital and Finance Corporation Vs. Roland Young, G.R. No. 183018. August 3, 2011).