(Total 10%)
(a) 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%)
(b) A files a case against B. While awaiting decision on the case, A goes to the United States to work. Upon her return to the Philippines, seven years later, A discovers that a decision was rendered by the court in her favor a few months after she had left. Can A file a motion for execution of the judgment? Reason briefly. (5%)
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Keywords
- demurrer (1)
- foreign judgment (1)
- hearsay (1)
- mandamus (1)
- pendency (1)
2 comments:
X.
a.
The motion to dismiss should be granted. The counterclaim for actual damages is a permissive counterclaim. A permissive counterclaim, being considered as initiatory pleading, requires a certification against forum shopping.
b.
A can file a motion for execution of the judgment provided the judgment has attained finality and five (5) years have not yet lapsed from the date of entry of the judgment.
a.) The motion to dismiss should be denied. The counterclaim for actual damages is a compulsory counterclaim as it arises out of the same transaction involved in the instant case. Certification against forum shopping is not required in a compulsory counterclaim, hence the motion to dismiss based on such ground is bereft of merit.
b.) A cannot file a motion for execution of judgment as the 5 year period has already lapsed. The proper remedy is to file a case for revival of judgment.
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