Practice question
In an original RTC action, a defendant asserts a genuinely compulsory counterclaim below PHP2million. All conditions for its compulsory character exist. It argues that the lower amount requires a separate MTC suit. Which is correct?
- Every small counterclaim must be split off
- The compulsory counterclaim remains in the RTC regardless of amount under the cited rule
- The amount alone makes it permissive
- All counterclaims belong to a different court
- The defendant must abandon it
Legal references
- RA11576 first-level civil jurisdiction amendments: https://lawphil.net/statutes/repacts/ra2021/ra_11576_2021.html
- OCA Circular280-2023, Supreme Court Committee FAQs on2022 Expedited Procedures, questions3,4,8,9: https://oca.judiciary.gov.ph/wp-content/uploads/OCA-Circular-No.-280-2023.pdf
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