2008 Bar: What will happen to his counterclaims? (3%)
2008 Bar: Fe filed a suit for collection of P387,000 against Ramon in the RTC of Davao City. Aside from alleging payment as a defense, Ramon in his answer set up counterclaims for P100,000 as damages and P30,000 as attorney‘s fees as a result of the baseless filing of the complaint, as well as P250,000 as the balance of the purchase price of the 30 units of air conditioners he sold to Fe. ADVERTISEMENT: Work from home! Be an online English tutor. Earn at least PHP100/hour.
(a) Does the RTC have jurisdiction over Ramon‘s counterclaims, and if so, does he have to pay docket fees therefor? (3%)
(b) Suppose Ramon‘s counterclaim for the unpaid balance is P310,000, what will happen to his counterclaim if the court dismisses the complaint after holding a preliminary hearing on Ramon‘s affirmative defenses? (3%)
(c) Under the same premise as paragraph (b) above, suppose that instead of alleging payment as a defense in his answer, Ramon filed a motion to dismiss on that ground, at the same time setting up his counterclaims, and the court grants his motion. What will happen to his counterclaims? (3%)
ANSWER TO (a) Ramon has to pay docket fees for his counterclaims whether the counterclaim is compulsory or permissive in nature. Rule 141 of the Rules has been amended to require payment of docket fees for counterclaims and cross-claims whether compulsory or permissive. (See Korea Technologies v. Judge Lerma)
ANSWER TO (b) The dismissal of the complaint does not affect the right of Ramon to prosecute his counterclaim in the same or in a separate action (Sec. 6, Rule 16; Pinga v. Heirs of Santiago).
ANSWER TO (c) Ramon's counterclaim may continue, at his option, to be prosecuted or may be pursued separately. (Sec. 6, Rule 16; Pinga v. Heirs of Santiago). ADVERTISEMENT: Work from home! Be an online English tutor. Earn at least PHP100/hour.
(a) Does the RTC have jurisdiction over Ramon‘s counterclaims, and if so, does he have to pay docket fees therefor? (3%)
(b) Suppose Ramon‘s counterclaim for the unpaid balance is P310,000, what will happen to his counterclaim if the court dismisses the complaint after holding a preliminary hearing on Ramon‘s affirmative defenses? (3%)
(c) Under the same premise as paragraph (b) above, suppose that instead of alleging payment as a defense in his answer, Ramon filed a motion to dismiss on that ground, at the same time setting up his counterclaims, and the court grants his motion. What will happen to his counterclaims? (3%)
ANSWER TO (a) Ramon has to pay docket fees for his counterclaims whether the counterclaim is compulsory or permissive in nature. Rule 141 of the Rules has been amended to require payment of docket fees for counterclaims and cross-claims whether compulsory or permissive. (See Korea Technologies v. Judge Lerma)
ANSWER TO (b) The dismissal of the complaint does not affect the right of Ramon to prosecute his counterclaim in the same or in a separate action (Sec. 6, Rule 16; Pinga v. Heirs of Santiago).
ANSWER TO (c) Ramon's counterclaim may continue, at his option, to be prosecuted or may be pursued separately. (Sec. 6, Rule 16; Pinga v. Heirs of Santiago). ADVERTISEMENT: Work from home! Be an online English tutor. Earn at least PHP100/hour.
