Professional Documents
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-This is a Petition file a complaint for recovery of ownership and declaration of nullity of title.
-The respondent file an answer claiming that they were innocent purchaser for value and claim of the unpaid
loans and damages to the plaintiff.
-The petition allege that the counter-claim is that of the permissive hence the repondents is required to pay
docket fee and to file a certification of forum shopping.
RTC ruled held that the counterclaim is that of the Compulsory hence this petition.
Issue : WON the counter claim is that of a permissive that requires the repondents in paying the docket fees.
HELD: The counter-claim is Compulsory. Compulsory counter-claim is one arising out of the same transaction
or is connected to the opposing party’s claim. The ruled laid down a test to determine whether or not the
counter-claim is a permissive or compulsory
1. Are the issue and facts, Law claims and counterclaims largely the same
2.Would RES JUDICATA bar’s the subsequent claim of the dependants absence of the compulsory
counterclaim.
3.Will substantially evidence support the plaintiff’s claim as well as the defendants counter-claim.
4.Is there lofical relation between the claim and the counterclaim
AN AFFIRMATIVE ANSWER TO ALL THIS TEST WILL RESULTS INTO COMPULSORY COUNTER-CLAIM. The court
held that the respondents are not required to pay docket fee and to file a certification of forum shopping since
the nature of the counterclaim is compulsory.