Mr. H filed a complaint against Mr. I to recover the amount of ₱500,000.00 based on their contract of services. In his answer, Mr. I admitted that he has yet to pay Mr. H for his services based on their contract but nevertheless, interposed a counterclaim alleging that Mr. H still owed him rental arrearages for the lease of his apartment also amounting to ₱500,000.00.
It has come to Mr. H’s attention that Mr. I did not pay any filing fees when he filed his answer. As such, Mr. H moved to dismiss the counterclaim. In response to Mr. H’s motion, Mr. I averred that the non-payment of filing fees was purely based on inadvertence and that the said filing fees had already been paid as of date, as evinced by the official receipt issued by the clerk of court therefor.
(a) What is the nature of Mr. l’s counterclaim? Is the payment of filing fees required for such counterclaim to prosper? Explain. (3%)
(b) Should Mr. I’s counterclaim be dismissed? Explain. (3%)
Suggested answer only. Not an official answer and not legal advice.
(a) Mr. I's counterclaim is permissive, and payment of filing fees is required. (b) No, the counterclaim should not be dismissed. Under Rule 6, a counterclaim is permissive if it does not arise out of the main transaction, requiring docket
Unlock the full Remedial Law answers365 days of full access. GCash, Maya and card accepted.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
What characterizes a permissive counterclaim under Rule 6 of the Rules of Court?
A permissive counterclaim is an independent claim that does not arise out of the same transaction or occurrence as the main claim.
Is the payment of docket fees required for a permissive counterclaim to prosper?
Payment of docket fees is required for a permissive counterclaim because it is an independent cause of action.
What is the effect of an inadvertent failure to pay docket fees upon filing a permissive counterclaim?
Inadvertent non-payment of docket fees does not cause automatic dismissal if paid within a reasonable time without fraud.
How is a compulsory counterclaim distinguished from a permissive counterclaim?
Choices available with full access.
What action should the trial court take when docket fees for a permissive counterclaim are paid after filing but before dismissal?
Choices available with full access.
Learn more about these topics
1. Permissive Counterclaim
Under Rule 6 of the Rules of Court, a counterclaim is permissive if it does not arise out of nor is it logically connected with the subject matter of the opposing party's claim. Unlike a compulsory counterclaim which is barred if not set up in the same action, a permissive counterclaim constitutes an independent cause of action that may be litigated separately. Because a permissive counterclaim initiates an independent judicial claim for relief, the trial court acquires jurisdiction over it only upon the payment of the prescribed docket and legal fees.
2. Docket Fees Payment
Payment of docket fees is a jurisdictional requirement for permissive counterclaims. Under established jurisprudence, while the payment of filing fees at the time of filing the pleading is mandatory, non-payment upon initial filing does not automatically result in the immediate dismissal of the permissive counterclaim. If the failure to pay was not deliberate or intended to defraud the government, the trial court may allow the party to pay the docket fees within a reasonable period, provided it is paid before the expiration of the applicable prescriptive period.
3. Liberal Construction Rules
Rules of procedure are designed to facilitate the administration of justice and should be liberally construed to secure a just, speedy, and inexpensive disposition of every action. When a defendant inadvertently fails to pay docket fees for a permissive counterclaim but subsequently pays them in full as demonstrated by an official receipt issued by the clerk of court, the procedural defect is cured. The court retains jurisdiction to hear and decide the counterclaim on its merits rather than dismissing it on strict technical grounds.