EVANGELINE ALDAY VS FGU INSURANCE ii) that FGU be declared in default for
CORP having failed to answer such
counterclaim. 2001, J. Gonzaga-Reyes 8) RTC a) Granted Rs MTD, and consequently, FACTS denied Ps motion. 1) R a) Complaint for collection of sum of 9) RTC money a) Ps counterclaim merely permissive in nature, and Ps failure to pay docket b) RTC Makati fees prevented RTC from acquiring jurisdiction over the same c) Against petitioner Evangeline Alday i) Alday owed FGU P114k 10) CA (1) Represents unliquidated cash a) Sustained RTCs decision. advances, unremitted costs of i) The allegations in Ps Answer show premiums and other charges she that her counterclaim is merely incurred by P in the course of permissive, not compulsory her work as FGUs insurance (1) That, indeed, FGU's cause of agent) action which is not supported by any document other than the self- 2) P serving 'Statement of Account' a) Answer, with Counterclaim (2) That it should be noted that the i) Asserted her right for the payment of cause of action of FGU is not the (1) P104k enforcement of the Special (a) Representing direct Agent's Contract but the alleged commissions, profit 'cash accountabilities commissions and contingent (3) A careful analysis of FGU's bonuses earned from 1986 complaint will show that its cause of action is not for specific (2) P500k performance or enforcement of (a) Representing accumulated the Special Agent's Contract premium reserves rather, it is for the payment of the alleged cash accountabilities b) Also prayed for attorney's fees, litigation expenses, moral damages and b) To support the heading "Compulsory exemplary damages Counterclaim" in her answer and give the impression that the counterclaim is 3) R compulsory, P alleged that R has a) "Motion to Strike Out Answer With unjustifiably failed to remit to defendant Compulsory Counterclaim And To Declare despite repeated demands in violation of Defendant In Default" their Special Agents Contract i) Alday's Answer was allegedly filed out of time. c) Thus, while on one hand P alleged that 4) RTC Rs cause of action had nothing to do a) denied motion. with the Special Agent's Contract, on the other hand, she claimed that FGU 5) RTC violated said contract which gave rise to a) MR denied. her cause of action.
6) R 11) Hence, present petition.
a) MTD P 's Counterclaim a) Alday: i) RTC never acquired jurisdiction i) FGU is estopped from questioning her because of Aldays non-payment non-payment of docket fees because of docket fees it did not raise this issue when it filed its motion (Motion to Strike out 7) P Answer With Compulsory a) asked RTC Counterclaim And To Declare i) to declare her counterclaim as Defendant In Default") with RTC exempt from payment of docket (1) FGU assailed RTCs jurisdiction 9 fees, since said (Counterclaim) is months after receiving her compulsory; and answer ii) RTC should have declared FGU in 4) Is there any logical default for having failed to answer relation between the claim her counterclaim and the counterclaim? b) FGU: questions the jurisdiction of the CA over the appeal filed by Alday ii. Quintanilla v. CA 1) Compelling test of ISSUE/RATIO compulsoriness, which 1. W/N FGU is estopped from questioning requires a logical Aldays non-payment of docket fees. NO relationship between the a. Estoppel by laches arises from the claim and counterclaim negligence to assert a right within a (i.e. where conducting reasonable time separate trials would b. In this case, the issue was raised by FGU entail a substantial with the RTC itself, the body where the duplication of effort and action is pending, even before the time by the parties and presentation of evidence and before any the court) judgment could be rendered b. In CAB, P's counterclaim for 2. W/N FGU is estopped from questioning CAs commissions, bonuses, and jurisdiction over Aldays appeal. YES accumulated premium reserves is a. Although the lack of jurisdiction of a merely permissive court may be raised at any stage of the i. The evidence required to prove action, a party may be estopped from her claims differs from that raising such questions if he has actively needed to establish FGUs taken part in the very proceedings demands for the recovery of cash b. In this case, FGU actively took part in the accountabilities proceedings before CA by filing its appellee's brief. It also failed to object to ii. The recovery of FGU's claims is CAs jurisdiction during the entire not contingent or dependent duration of the proceedings. upon establishing Alday's counterclaim, 3. W/N Aldays counterclaim is 1) This conclusion is further compulsory or permissive in nature. reinforced by Ps own Counterclaim for commissions, admissions, where P declared bonuses, and accumulated premium in her Answer that FGU's reserves is merely permissive, cause of action, unlike her claims for damages, allegedly own, was not based upon the suffered as a result of FGUs filing of Special Agent's Contract its complaint, are compulsory iii. However, note that Ps claims for damages allegedly a. Compulsory counterclaim is one suffered as a result of the which arises out of or is connected filing by R of complaint are with the transaction or occurrence compulsory constituting the subject matter of the opposing party's claim iv. Thus, for RTC to acquire i. It does not require for its adjudication jurisdiction over her permissive the presence of third parties of whom counterclaim, she is bound to the court cannot acquire jurisdiction. pay the prescribed docket fees. 1) But for her compulsory b. Tests in determining if a counterclaim, no need. counterclaim is compulsory i. Valencia vs CA: v. Pursuant to the ruling in Sun 1) Are the issues of fact and Insurance, RTC should have law raised by the claim and instead given Alday a reasonable counterclaim largely the time, but in no case beyond the same? applicable prescriptive or 2) Would res judicata bar a reglementary period, to pay the subsequent suit on filing fees for her permissive defendant's claim absent the counterclaim compulsory counterclaim 1) It has not been alleged by FGU rule? and there is nothing to show that 3) Will substantially the same Alday has attempted to evade the evidence support or refute payment of the proper docket plaintiff's claim as well as fees defendant's counterclaim? 2) Sun Insurance Office v. Hon. Asuncion: Rule on the 4. W/N RTC should have declared FGU in payment of filing fees default for having failed to answer a. It isthe payment of the Aldays counterclaim. NO prescribed docket fee that a. With regard to the permissive vests a trial court with counterclaim, there is no need to jurisdiction over the subject- file an answer until Alday has paid matter or nature of the action. the prescribed docket fees for only b. Where the filing of the then shall the court acquire jurisdiction initiatory pleading is not over such claim accompanied by payment of the docket fee, the court may b. With regard to the compulsory allow payment of the fee counterclaim, there is no need to within a reasonable time but file an answer since it is inseparable in no case beyond the from the claims of FGU applicable prescriptive or vi. If FGU were to answer, it would reglementary period. merely result in FGU pleading c. The same rule applies to the same facts raised in its permissive counterclaims, complaint third-party claims and similar pleadings.