Legal Insights
Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.
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Quasi-Delict Claims Need No Reservation: Supreme Transport Ruling Explained
Philippine Supreme Court clarifies that quasi-delict counterclaims may proceed without reservation in criminal cases, subject only to the ban on double recovery.
Counterclaims in Libel Cases: Compulsory vs Permissive Claims Under Philippine Law
The Supreme Court clarifies when counterclaims in libel suits are compulsory or permissive, and the procedural requirements that follow.
Compulsory vs. Permissive Counterclaims: What Philippine Litigants Must Know
Learn the difference between compulsory and permissive counterclaims in Philippine courts, including docket fees, forum shopping, and the Alba v. Malapajo ruling.
Failure to Prosecute and Counterclaims: Lessons from Roasters Philippines v. Gaviola
When can a case be dismissed for failure to prosecute, and what happens to counterclaims? The Supreme Court clarifies the rules.
Counterclaims Survive Dismissal of Main Suit: The Right to Seek Redress Endures
The dismissal of a main suit does not automatically extinguish a defendant's counterclaim. Learn the procedural rules that protect this right.
Counterclaims Survive Independent Adjudication After Complaint Dismissal
The Supreme Court clarifies that dismissing a complaint does not automatically kill the defendant's counterclaim, which may proceed independently.
Docket Fees Are Mandatory: GSIS Must Pay for Permissive Counterclaims
Philippine Supreme Court ruling: even government agencies like GSIS must pay docket fees for permissive counterclaims or lose jurisdiction over them.
Counterclaims and Forum Shopping: Why No Certification Is Needed for Defenses
Learn when a forum shopping certification is required in Philippine civil cases—and why counterclaims and defenses are exempt under the rules.
Dismissed Counterclaims and Deposit Withdrawal After Failed Expropriation
When expropriation fails, can property owners still recover damages? The Supreme Court clarifies the rules on compulsory counterclaims and deposit withdrawal.
Compulsory Counterclaims: No Certificate of Non-Forum Shopping Required
The Supreme Court clarifies that compulsory counterclaims need no certificate of non-forum shopping, as they are not initiatory pleadings.
Compulsory vs Permissive Counterclaims: When Court Fees Are Not Required in Loan Disputes
Learn when a counterclaim in a loan dispute is compulsory and exempt from docket fees, based on a 2003 Supreme Court ruling.
Defining Counterclaims: Compulsory vs. Permissive in Philippine Courts
Learn how Philippine courts distinguish compulsory from permissive counterclaims, and why docket fees and jurisdiction depend on that distinction.
Exclusive Distributorship Breach: Key Lessons from Bayer vs. Bompat
Philippine Supreme Court ruling on exclusive distributorships: breach, compulsory counterclaims, storage fees, and damages explained for businesses.
Substitution of Plaintiff Denied: Why Counterclaims Matter in Philippine Civil Procedure
A look at Ang Kek Chen v. Judge Andrade and the rules on substitution of parties and counterclaims in Philippine civil procedure.
Counterclaims After Complaint Dismissal: Philippine Rules Explained
Learn when counterclaims survive dismissal of the main complaint under Philippine civil procedure, based on the Fletcher Challenge case.
Can an Accused File a Counterclaim in a Criminal Case? The Rule in Cabaero
Explains when accused may file counterclaims in criminal cases, citing Cabaero v. Cantos and the rule on implied civil actions.
Counterclaims in Criminal Cases: When Can the Accused Seek Damages?
The Supreme Court in Cabaero v. Cantos clarifies when an accused may file a counterclaim for damages in a criminal case, and when a separate civil action is required.
Compulsory Counterclaims When A Court Loses Jurisdiction Over Related Claims
When a court dismisses the main action for lack of jurisdiction, the compulsory counterclaim falls with it. Learn the rule.