Friday, January 1, 2021
DISTINCTION
Compulsory Counterclaim
Setting up shall be contained in the answer
(RATIO: barred if not set-up)
Form not an initiatory pleading
Certi cation against forum cannot be independently set up;
shopping; Certi cate to File does not require the certi cates
Action mentioned because it is not
initiatory in character
Answer Requirement Failure to answer a compulsory
counterclaim is not a cause for a
default declaration
Payment of docket fees - e ective August 16. 2004,
under Sec. 7 of Rule 141. as
amended by A.M. No. 04-2-04-
SC.
counterclaimant is bound to pay
- docket fees are now required to
be paid in compulsory
counterclaim or cross-claims.”
If omitted If not set up in the action: barred
Omitted Counterclaim
Setting up by leave of court by amendment
before judgment
Grounds oversight, inadvertence,
excusable neglect or when
justice requires
Cross-claim
Meaning claim against a co-party
Source must arise from the transaction
or occurrence that is the subject
matter of the original complaint
1 or counterclaim
Period of ling within 30 calendar days from service of summons (must be led at the
time of ling an answer)
ff
fi
fi
fi
fi
fi
fi
fi
fi
fi
Permissive Counterclaim
may be set up as an independent
action and will not be barred if not
contained in the answer to the
complaint.
considered an initiatory pleading
should be accompanied by a
certi cation against forum
shopping and whenever required
by law, also a certi cate to le
action issued by the Lupong
Tagapamayapa
must be answered by the party
against whom it is interposed
otherwise, he may be declared in
default as to the counterclaim
- docket and other lawful fees
should be paid; for the trial court
to acquire jurisdiction, the
the prescribed docket fees;
- any order in favor of the
counterclaimant arising from the
counterclaim is considered null
and void and may be struck down
even on appeal
Not be barred
Arising after answer
with the permission of the court,
by supplemental pleading before
judgment
either matured or was acquired by
a party after serving his pleading
Counterclaim
claim against an opposing party
may or may not arise out of the
subject matter of the complaint
 Friday, January 1, 2021

AMENDMENT AS A MATTER AMENDMENT WITH LEAVE OF

OF RIGHT COURT

Filing Before responsive pleading is After responsive pleading is served

served

Nature of duty admission of the amendment is a matter which requires the

a ministerial duty of the court exercise of sound judicial discretion

E ect of granting/acting Since it would not be acting in If it grants the amendment, it would
upon amendment this regard, it could not be be acting on a complaint over
deemed as acting without which it has no jurisdiction
jurisdiction.

Cross-claim Counterclaim Third, Fourth, Etc. Party

Complaint

Meaning claim against a co-party claim against an opposing party Claim against a person not
a party to the action
Leave of court Not required Not required Required
Purpose For contribution,
indemnity, subrogation or
any other relief, in respect
of the plainti ’s claim
Source must arise from the transaction may or may not arise out of the
or occurrence that is the subject subject matter of the complaint
matter of the original complaint
or counterclaim
Period of ling must be answered within 30 calendar days from service of summons (must be led at the time of
ling an answer)

2
fi
ff
fi
ff
fi