Remedial Law, 2017 Bar — Question IX

ESSAY

Abraham filed a complaint for damages in the amount of P750,000.00 against Salvador in the RTC in Quezon City for the latter’s alleged breach of their contract of services. Salvador promptly filed his answer, and included a counterclaim for P250,000.00 arising from the allegedly baseless and malicious claims of Abraham that compelled him to litigate and to engage the services of counsel, and thus caused him to suffer mental anguish. Noting that the amount of the counterclaim was below the exclusive original jurisdiction of the RTC, Abraham filed a motion to dismiss vis-a-vis the counterclaim on that ground. Should the counterclaim of Salvador be dismissed? Explain your answer.

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