Practice question
A defendant omits a genuinely permissive, independent counterclaim. No other preclusion or prescription bar exists. The plaintiff relies solely on Section2 as an express bar to every counterclaim. Which is correct?
- The court may delete the word compulsory
- Section2 expressly names every permissive claim
- All independent claims become compulsory on omission
- The express Section2 compulsory-counterclaim bar does not extend merely by label to this stipulated permissive claim
- Every debt is extinguished by filing an answer
Legal references
- 2019 Rules of Civil Procedure, AM19-10-20-SC, Rules6–9: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Continuing provisions marked no amendment in2019, Rules6 Sections9,12,13;7 Section2;8 Sections2,4,9;9 Sections1–2: https://lawphil.net/courts/rules/rc_1-71_civil.html
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