Practice question
A corporation filed the complaint. A counterclaim also impleads two officers personally, neither previously a party nor voluntarily appearing. The corporation argues that its own submission necessarily establishes personal jurisdiction over both officers. Which is correct?
- Lafarge distinguishes the corporation’s existing submission from the newly joined individuals’ required process.
- Corporate filing automatically submits every officer personally.
- All officers are always the same person as the corporation.
- A counterclaim creates jurisdiction without any process or submission.
- The officers become judgment debtors merely because they are named.
Legal references
- 2019 Amendments to Civil Procedure, Rule 14, particularly Sections 1-5, 8, 13 and 23, as applicable to the stated issue: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Francisco Motors Corp. v. Court of Appeals, G.R. No. 100812, June 25, 1999, main decision, original plaintiff and counterclaim summons; no historical answer period relied on: https://lawphil.net/judjuris/juri1999/jun1999/gr_100812_1999.html
- Lafarge Cement Philippines, Inc. v. Continental Cement Corp., G.R. No. 155173, November 23, 2004, main decision, summons on newly impleaded counterclaim defendants: https://lawphil.net/judjuris/juri2004/nov2004/gr_155173_2004.html
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