2007 Bar: Should the counterclaim be filed with a certification against forum shopping? (5%)
2007 Bar: RC filed a complaint for annulment of the foreclosure sale against Bank V. In its answer, Bank V set up a counterclaim for actual damages and litigation expenses. RC filed a motion to dismiss the counterclaim on the ground that Bank V's Answer with Counterclaim was not accompanied by a certification against forum shopping. Rule. (5%) ADVERTISEMENT: Work from home! Be an online English tutor. Earn at least PHP100/hour.
There should be a denial of the motion to dismiss the counterclaim. Under the rules, certifications of non-forum shopping are required to accompany initiatory pleadings. A certification against forum shopping is not be required in a compulsory counterclaim because it is not an initiatory pleading (Sec. 5, Rule 7; Carpio v. Rural Bank of Sto. Tomas Batangas, Inc.).
There should be a denial of the motion to dismiss the counterclaim. Under the rules, certifications of non-forum shopping are required to accompany initiatory pleadings. A certification against forum shopping is not be required in a compulsory counterclaim because it is not an initiatory pleading (Sec. 5, Rule 7; Carpio v. Rural Bank of Sto. Tomas Batangas, Inc.).
