Remedial Law, 2019 Bar — Question A.6-b

ESSAY

Mr. H filed a complaint against Mr. I to recover the amount of P500,000.00 based on their contract of services. In his answer, Mr. I admitted that he has yet to pay Mr. H for his services based on their contract but nevertheless, interposed a counterclaim alleging that Mr. H still owed him rental arrearages for the lease of his apartment also amounting to P500,000.00. It has come to Mr. H’s attention that Mr. I did not pay any filing fees when he filed his answer. As such, Mr. H moved to dismiss the counterclaim. In response to Mr. H’s motion, Mr. I averred that the non-payment of filing fees was purely based on inadvertence and that the said filing fees had already been paid as of date, as evinced by the official receipt issued by the clerk of court therefor. Should Mr. I’s counterclaim be dismissed? Explain.

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