Practice question
A counterclaim properly brings in an individual who was not a party to the original complaint and has not submitted voluntarily. May counsel omit summons solely because the original plaintiff is already before the court?
- Yes; one party’s appearance automatically submits every new person.
- Yes; the word counterclaim abolishes personal-jurisdiction requirements.
- Yes; corporate office is always equivalent to individual summons.
- Yes; the new defendant’s name alone proves voluntary appearance.
- No; Lafarge requires the new person’s jurisdictional foundation to be established.
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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