Title
Alday vs. FGU Insurance Corp.
Case
G.R. No. 138822
Decision Date
Jan 23, 2001
Insurance agent Evangeline Alday countersued FGU Insurance for unpaid commissions and damages, disputing the nature of her counterclaim as compulsory or permissive, leading to jurisdictional and procedural disputes.
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Case Digest (G.R. No. 138822)

Facts:

1. Initial Complaint by Respondent (FGU Insurance Corporation):
On 5 May 1989, FGU Insurance Corporation filed a complaint with the Regional Trial Court (RTC) of Makati against Evangeline Alday, alleging that she owed P114,650.76 for unliquidated cash advances, unremitted premiums, and other charges incurred during her work as an insurance agent. FGU also sought exemplary damages, attorney's fees, and costs of suit.

2. Petitioner's Answer and Counterclaim:
Evangeline Alday filed an answer and counterclaimed for P104,893.45, representing direct commissions, profit commissions, and contingent bonuses earned from 1 July 1986 to 7 December 1986, as well as P500,000.00 for accumulated premium reserves. She also sought attorney's fees, litigation expenses, moral damages, and exemplary damages, alleging that FGU's action was unfounded.

3. Procedural Disputes:

  • On 23 August 1989, FGU filed a motion to strike out Alday's answer and declare her in default, claiming her answer was filed late. The trial court denied this motion on 25 August 1989 and rejected FGU's motion for reconsideration on 12 March 1990.
  • On 11 April 1990, FGU moved to dismiss Alday's counterclaim, arguing that the court lacked jurisdiction due to her failure to pay docket fees. Alday countered that her counterclaim was compulsory and thus exempt from docket fees.
  • On 18 September 1990, the trial court dismissed Alday's counterclaim, ruling it was permissive and required payment of docket fees. Alday's motion for reconsideration was denied on 28 February 1991.

4. Court of Appeals Decision:
On 23 December 1998, the Court of Appeals upheld the trial court, finding Alday's counterclaim to be permissive based on her admissions in her answer. The appellate court denied her motion for reconsideration on 19 May 1999, leading to the present petition.

Issue:

  1. Procedural Issues:

    • Whether FGU is estopped from questioning Alday's non-payment of docket fees.
    • Whether the Court of Appeals had jurisdiction over Alday's appeal.
  2. Substantive Issue:

    • Whether Alday's counterclaim is compulsory or permissive in nature.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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