BIARES 2017 for tams.

Love ate

COMPULSORY PERMISSIVE
Counter claim Absent any of the elements, it is
permissive.
a) eg. Original action is with RTC,
a) cognizable by the regular courts of
counterclaim with NLRC or MTC as to
justice,
nature.

b) Original action is for payment of

b) arises out of or is connected with debt. Counterclaim is for quasi delict.
the transaction or occurrence
constituting the subject matter of the
opposing party's claim

c) does not require for its adjudication d) 3rd parties are abroad.
the presence of third parties of whom
the court cannot acquire jurisdiction.

Such a counterclaim must be within

the jurisdiction of the court both as
to the amount and the nature
thereof, except that in an original
action before the Regional Trial
Court, the counter-claim may be
considered compulsory regardless of
the amount.

d) A compulsory counterclaim that a

defending party has at the time he files
his answer shall be contained therein
(eg. Expenses of builder in gf in original
actions for reconveyance of real
property).
d) the coa for counter claim arose after
the adjudication of the original action.
Eg. Right to reimbursement adjudged
by court after main casa was decided.

crossclaim Always compulsory. NONE.

Third, (fourth, etc.)—party complain
a) arising out of the transaction or
occurrence that is the subject matter Becomes permissive in the sense that
either of the original action or of a the COA arose after the adjudication of
counterclaim therein. the main case.
b) A cross claim that a defending party
has at the time he files his answer shall
be contained therein
Always compulsory.

a) A third (fourth, etc.) — party

complaint is a claim that a defending
party may, file against a person not a
party to the action.

b) with leave of court,

c) party defendant for contribution,

indemnity, subrogation or any other
relief,

d) in respect of his opponent's claim

BIARES 2017 for tams. Love ate