Carpio Vs Rural Bank of Sto. Tomas Batangas, Inc.

GR. No. 153171, May 4, 2006

Facts:
Rodolfo Carpio and Remedios Orendain file with the Regional Trial Court a complaint
for annulment of foreclosure sale and damages against Rural Bank of Sto. Tomas,
Batangas, Inc.
Petitioners further alleged that the sale was conducted without proper publication
as the sheriffs notice of sale was published in a newspaper which is not of general
circulation. Rural Bank of Sto. Tomas, Batangas, Inc. filed its answer with
counterclaim, denying specifically the material allegations of the complaint.
The Petitioners filed a motion to dismiss the counterclaim on the ground that Rural
Bank of Sto. Tomas counterclaim was not accompanied by a certification against
forum shopping.
The RTC issued an order denying the motion to dismiss the counterclaim. Petitioners
filed a motion for reconsideration but was denied. On appeal the Court of Appeals
affirmed the assailed orders.

Issue:
Whether or not a certification against forum shopping is necessary in filing a
counterclaim

Held:
No. Under Section 5, Rule 7 of the 1997 Rules of Civil procedure provides that the
plaintiff shall file his complaint or other initiatory pleading with certification against
forum shopping.
Petitioners contention is utterly baseless. It bears stressing that the Rule distinctly
provides that the required certification against forum shopping is intended to cover
an "initiatory pleading," meaning an "incipient application of a party asserting a
claim for relief." Certainly, respondent banks Answer with Counterclaim is a
responsive pleading, filed merely to counter petitioners complaint that initiates the
civil action.