Alday VS. FGU Insurance 350 SCRA, GONZAGA-REYES, J.

Facts:
FGU filed a complaint for sum of money against Alday amounting to P114k. Alday filed her Answer by way of counterclaim and asserted that it is FGU who owes them P104k and for premium reserves of P500k. She also prayed for attorney’s fees, litigation expenses, moral damages and exemplary damages for the allegedly unfounded actions filed by FGU. FGU then moved to strike out Alday’s answer and to declare her in default for filing the answer out of time. The motion was denied. FGU again moved to dismiss Alday’s counterclaim by contending that the trial court never acquired jurisdiction over the same because of non-payment of docket fees. Alday also in response, asked the RTC to declare her counterclaim as exempt from payment of docket fees since it is compulsory and that FGU be declared in default for failing to answer such counterclaim.
RTC dismissed Alday’s counterclaim it being merely permissive and that failure to pay the docket fees prevented the court from acquiring jurisdiction over the same. CA sustained the RTC.

Issue:
WON counterclaim of petitioner exempt from the payment of docket fees and therefore the court acquired jurisdiction over the same
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Held:
NO. SC ruled that counterclaim being permissive, for the trial court to acquire jurisdiction over the same, petitioner is bound to pay the prescribed docket fees. A counterclaim is permissive if it does not arise out of or is not necessarily connected with the subject matter of the opposing party's claim. It is essentially an independent claim that may be filed separately in another case.
The rule on the payment of filing fees has been laid down by the Court. It is not simply the filing of the complaint or appropriate initiatory pleading, but the payment of the prescribed docket fee that vests a trial court with jurisdiction over the subject-matter or nature of the action. Where the filing of the initiatory pleading is not accompanied by payment of the docket fee, the court may allow payment of the fee within a reasonable time but in no case beyond the applicable prescriptive or reglementary period.
The same rule applies to permissive counterclaims, third-party claims and similar pleadings, which shall not be considered filed until and unless the filing fee prescribed therefor is paid. The court may allow payment of said fee within a reasonable time but also in no case beyond its applicable prescriptive or reglementary period.