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Edgardo Pinga vs. The Heirs of German Santiago 494 SCRA 353

EDGARDO PINGA, Petitioner, versus THE HEIRS OF GERMAN SANTIAGO represented by FERNANDO SANTIAGO, Respondents.

G.R. No. 170354 | 2006-06-30

D E C I S I O N
Tinga, J.:

The constitutional faculty of the Court to promulgate rules of practice and procedure[1] necessarily carries the power to overturn judicial precedents on points of remedial law through the amendment of the Rules of Court. One of the notable changes introduced in the 1997 Rules of Civil Procedure is the explicit proviso that if a complaint is dismissed due to fault of the plaintiff, such dismissal is "without prejudice to the right of the defendant to prosecute his counterclaim in the same or in a separate action."[2] The innovation was instituted in spite of previous jurisprudence holding that the fact of...