This case has been cited 1 times or more.
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2007-08-14 |
CHICO-NAZARIO, J. |
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| Finally, as regards the petitioner's counterclaim, which is purely for damages and attorney's fees by reason of the unfounded suit filed by the respondent against it, it has long been settled that the same truly falls under the classification of compulsory counterclaim and it must be pleaded in the same action, otherwise, it is barred.[49] In the case at bar, this Court orders the dismissal of the Complaint filed by the respondent against the petitioner because the court a quo failed to acquire jurisdiction over the person of the latter. Since the Complaint of the respondent was dismissed, what will happen then to the counterclaim of the petitioner? Does the dismissal of the complaint carry with it the dismissal of the counterclaim? | |||||