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Philippine Bar review · Question

Practice question: Purpose in Relation to Actions In Personam, In Rem, and Quasi In Rem

Multiple Choice Medium

Practice question

The original plaintiff is properly served with an answer containing a counterclaim against that plaintiff. It insists that the court must acquire personal jurisdiction anew through summons before the counterclaim can proceed. What does Francisco Motors establish?
  1. Every counterclaim requires new summons on the original plaintiff.
  2. Filing the complaint supplies no submission by its filer.
  3. The defendant may privately declare the original plaintiff beyond all process.
  4. The original plaintiff has already submitted to the court by filing the complaint.
  5. A counterclaim can never be considered in the same case.

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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