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Rule 17 Case 2 Blay vs. Bana
Rule 17 Case 2 Blay vs. Bana
232189
Facts:
Blay filed a petition for Declaration of Nullity of Marriage before the RTC under Art. 36 of the Family
Code. Bana filed an answer therein with compulsory counterclaim. Blay lost interest over the case and
filed a Motion to Withdraw his petition. Invoking Sec. 2 of Rule 17 of the ROC, Bana opposed and prayed
that the counterclaims be declared as remaining for the court's independent adjudication. Blay claimed
that the counterclaims are barred from being prosecuted due to Bana’s to file a manifestation within 15
days from notice of the Motion to Withdraw.
The RTC granted Blay’s Motion to Withdraw and declared respondent's counterclaim "as remaining for
independent adjudication". CA sustained the ruling.
Issue:
Whether Bana’s counterclaim can be independently adjudicated before the same trial court despite the
case’s dismissal.
Ruling:
As per Section 2, Rule 17 of the ROC, if a counterclaim has been pleaded by the defendant prior to the
service upon him of the plaintiff's motion for the dismissal the rule is that the dismissal shall be limited
to the complaint. A dismissal of an action is different from a mere dismissal of the complaint. For this
reason, since only the complaint and not the action is dismissed, the defendant inspite of said dismissal
may still prosecute his counterclaim in the same acton."
However, as stated in the third sentence of the same provision, if the defendant desires to prosecute his
counterclaim in the same action, he is required to file a manifestation within fifteen (15) days from
notice of the motion. Otherwise, his counterclaim may be prosecuted in a separate action.
CA erroneously sustained the assailed RTC Orders declaring respondent’s counterclaim "as remaining for
independent adjudication" despite the latter's failure to file the required manifestation within the
prescribed fifteen (15)-day period. Thus, petition is reversed, granting Blay’s Motion to Withdraw his
Petition without prejudice to the prosecution of Baña's counterclaim in a separate action.