GSIS-v-HRS-OF-CABALLERO-DIGEST

GSIS v. Heirs of Caballero court can acquire jurisdiction over the said counterclaim.
court can acquire jurisdiction over the said counterclaim. GSIS failed to pay the docket fees for
G.R. No. 158090 the same.
October 4, 2010
ISSUE: WON GSIS’ counterclaim representing the P 249,800 is in the nature of a permissive
counterclaim or compulsory counterclaim.
FACTS: Respondent Fernando Caballero was the registered owner of a residential lot situated
at Rizal St., Mlang, Cotabato. On the said lot, Fernando built a residential/commercial building HELD: IT IS PERMISSIVE.
consisting of 2 stories.
To determine whether a counterclaim is compulsory or not, the Court has devised the following
On March 7, 1968, Fernando and his wife Sylvia secured a loan from Petitioner GSIS. In view of tests: (a) Are the issues of fact and law raised by the claim and by the counterclaim largely the
such loan the spouses executed a Real Estate Mortgage holding the abovementioned same? (b) Would res judicata bar a subsequent suit on defendant’s claims, absent the
property as a security. Fernando defaulted on the payment of his loan which eventually compulsory counterclaim rule? (c) Will substantially the same evidence support or refute
caused the foreclosure of his property. On March 26, 1973, the property was sold in a public plaintiff’s claim as well as the defendant’s counterclaim? and (d) Is there any logical relation
auction where petitioner was the only bidder. For failure of Fernando to redeem the said between the claim and the counterclaim? A positive answer to all four questions would
property, petitioner executed an Affidavit of Consolidation of Ownership in 1975. indicate that the counterclaim is compulsory.
Consequently, a new TCT was issued in the name of petitioner GSIS.
The issue in the main action is entirely different from the issue in the counterclaim. Considering
On November 26, 1975, petitioner informed Fernando of the consolidation of title in its favor that the counterclaim is permissive in nature, we follow the rule in permissive counterclaims
and requested payment of monthly rental in view of Fernando’s continued occupancy of the which states that for the trial court to acquire jurisdiction over the same, the counterclaimant is
subject property. Fernando requested that he be allowed to repurchase the said property bound to pay the prescribed docket fees. Since the petitioner failed to pay the docket fees,
through partial payment but no agreement was reached between the parties. the RTC did not acquire jurisdiction over its permissive counterclain and the decision redered
by the RTC is null and void.
On January 16, 1989, petitioner GSIS scheduled the subject property for public bidding. On the
date of bidding, Fernando’s daughter, Jocelyn, submitted a bid of P 350,000 while Carmelita RE: GSIS’ CLAIM THAT IT IS EXEMPTED FROM ALL KINDS OF FEES
Mercantile Trading Corporation (CMTC) submitted a bid bid of P 450,000. Since CMTC was the
highest bidder, it was awrded the subject property. A deed of absolute sale was executed FACTS: GSIS claimed that it is exempted to pay all kinds of fees as provided for in its charter,
between petitioner and CMTC and thereafter a new TCT was issued in the name of CMTC. specifically Section 39 of RA 8291.
Fernando filed a complaint against CMTC and GSIS praying that the resolution issued by GSIS HELD: In In In Re: Petition for Recognition of the Exemption of the Government Service
awarding the property to CMTC, the deed of absolute sale and the TCT issued in the name of Insurance System from Payment of Legal Fees, the Court ruled that the provision in the Charter
CMTC be held null and void due to irregularities in the conduct of the bidding specifically the of the GSIS, i.e., Section 39 of Republic Act No. 8291, which exempts it from "all taxes,
misrepresentation on the part of CMTC wherein it claimed that it is a wholly Filipino owned assessments, fees, charges or duties of all kinds," cannot operate to exempt it from the
corporation and that it is not authorized to acquire real estate or invest its funds for purposes payment of legal fees. This was because, unlike the 1935 and 1973 Constitutions, which
other than its primary purpose. Fernando also alleged that GSIS disregarded his prior right to empowered Congress to repeal, alter or supplement the rules of the Supreme Court
buy back his family home and lot. concerning pleading, practice and procedure, the 1987 Constitution removed this power from
Congress. Hence, the Supreme Court now has the sole authority to promulgate rules
Petitioner GSIS filed its Affirmative Defenses and Counterclaim. It alleged that Fernando has lost concerning pleading, practice and procedure in all courts.
his right of redemption for he failed to exercise the same within the period fixed by law. In its
counterclaim, GSIS alleged that Fernando owed GSIS P 130,365.81 representing back rentals
and additional interests, and the additional amount of P 249,800 representing rentals unlawfully
collected from CMTC.
RTC ruled in favor of GSIS and granted its counterclaim and directed Fernando to pay
petitioner the rentals paid by CMTC in the amount of P 249,800. However, on appeal, the CA,
although affirming the decision of the RTC, modified the portion of the judgment ordering
Fernando to pay rentals in the amount of P 249.800 since the same is in the nature of a
permissive counterclaim which required the payment by GSIS of docket fees before the trial

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GSIS v. Heirs of Caballero court can acquire jurisdiction over the said counterclaim.

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