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?
- Every counterclaim requires new summons on the original plaintiff.
- Filing the complaint supplies no submission by its filer.
- The defendant may privately declare the original plaintiff beyond all process.
- The original plaintiff has already submitted to the court by filing the complaint.
- 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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