Marc Renzo D.

Mandocdoc
2018400201

Complaint

Illus. 1: B borrowed from A the amount of 400,000 which he promised to pay on or before
December 25, 2016. B failed to pay the said loan on December 25, 2016, and despite demand
from A he failed to pay the same. A filed a complaint for sum of money before the RTC of
Manila

A-------------vs.------------b
(Creditor) (Debtor)

Compulsory Counterclaim

In the illustration above, if B has a claim against A when arises out of the same transaction or
occurrence of which is the subject matter of the claim of A, then he may have raise it in his
Answer as a compulsory counterclaim

Compulsory Counterclaim

A-------------------vs.--------------------B
Creditor Debtor

In illustration 1, if B has a claim against A which does not arise out of the same transaction or
series of transaction or occurrence which is the subject matter of the claim of A, then he may
raise it in his Answer as a permissive counterclaim

Permissive Counterclaim

A-------------------vs.--------------------B
Creditor Debtor

Crossclaim

A filed a case against B and C before the RTC of Lipa for Collection of Sum of Money for non-
payment of the loan they obtained from A. If B has a claim against C which arises out of the
same transaction or occurrence which is the subject matter of the claim of A or of a
counterclaim, then he may raise the same in his answer as a cross-claim against C.

A
 Vs.

B------------------------------------C
Third party complaint

In Illus 1, if B has a claim against a third person not a party to the original action in connection
with the claim of A, then he may with leave of court file a third-party complaint against the said
third person C for contribution, indemnity, subrogation or any other relief, in respect of his
opponent’s claim.

A----------------------B-----------------------------àC
Original Complaint 3rd party complaint

Answer with affirmative defense

Example of promissory estoppel: Rob is looking for a company that can produce a certain part
for a new invention he has. He needs the product to be of a specific material and that can
withstand certain temperatures without ever losing its shape. Bolton promises Rob he can
produce the part with those specifications, and he is delighted he can get by with using the less
expensive materials for the part. Rob and Bolton sign an agreement. However, Rob discovers
the part shrinks at the lower end of the temperature range he was concerned about. He refuses
to pay Bolton. Bolton sues Rob to enforce the contract. Rob may be able to use promissory
estoppel as an affirmative defense.

Answer with affirmative defense

Defendant denies the truth of the allegations in par. 7 of the complaint alleging that he owes
the plaintiff P450,000, the truth of the matter being that it is the plaintiff who owes the
defendant the same amount.

Reply

Complaint-In-Intervention

In illus 1, if C is a third party not a party to the original action has a legal interest in the matter in
litigation, or against either or all of the original parties, or is so situated as to be adversely
affected by a distribution or other disposition of property in the custody of the court or of an
officer thereof may with leave of court intervene in the action.

C (INTERVENTION)
 A-------------vs.------------b
(Creditor) (Debtor)