Counterclaim
A counterclaim is a claim asserted by a defending party against an opposing party. It is considered a pleading. A counterclaim partakes of a complaint by the defendant against the plaintiff and is a distinct and independent cause of action. When a defendant files a counterclaim, there are two simultaneous actions between the same parties. The original defendant becomes the plaintiff in the counterclaim, and the original plaintiff becomes the defendant.
A counterclaim can be either compulsory or permissive.
A compulsory counterclaim is one that arises out of or is necessarily connected with the transaction or occurrence that is the subject matter of the opposing party's claim. It is cognizable by the regular courts of justice. It does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction. Generally, a compulsory counterclaim must be within the jurisdiction of the court as to both amount and nature, except that in an original action before the Regional Trial Court, the counterclaim may be considered compulsory regardless of the amount. A compulsory counterclaim existing at the time the answer is filed shall be contained in the answer. A compulsory counterclaim not raised in the same action is barred, unless otherwise allowed by the Rules.
A permissive counterclaim is one that does not arise out of or is not necessarily connected with the transaction or occurrence that is the subject matter of the opposing party's claim. It is not barred even if not set up and may be set up as an independent action. A permissive counterclaim is considered an initiatory pleading. Docket and other lawful fees must be paid for a permissive counterclaim. It should be accompanied by a certification against forum shopping and, if required, a certificate to file action from the Lupong Tagapamayapa. A permissive counterclaim must be answered; failure to do so may result in a default declaration as to that counterclaim.
To determine if a counterclaim is compulsory, courts consider four tests:
- Whether issues of fact and law are largely the same.
- Whether res judicata would bar a subsequent suit absent the compulsory rule.
- Whether substantially the same evidence would support or refute both claims.
- If there is any logical relation between the claims.
A positive answer to all four tests indicates a compulsory counterclaim.
A compelling test is the logical relation between the claims.
A counterclaim existing at the time of filing the answer shall be contained in the answer. A counterclaim arising after the answer may be presented by supplemental pleading with court permission before judgment. An omitted counterclaim due to oversight, inadvertence, or excusable neglect may be set up by amendment before judgment with court leave.
The dismissal of the complaint generally does not carry with it the dismissal of a counterclaim already pleaded. This applies whether the counterclaim is compulsory or permissive. The defendant has the right to prosecute the counterclaim in the same or a separate action. If the defendant wants the counterclaim resolved in the same action, they must manifest this preference within fifteen days from notice of the plaintiff's motion to dismiss.
Is a counterclaim and Answer?
No, a counterclaim is not an answer.
An answer is a pleading filed by a defending party to set forth defenses. It is considered the responsive pleading to the complaint and contains both negative and affirmative defenses.
A counterclaim, on the other hand, is a claim asserted by a defending party against an opposing party. It is a distinct pleading that requires a responsive pleading from the party against whom it is asserted, which is called an answer to the counterclaim. While a counterclaim may be contained within the same document as the answer to the complaint, it functions as a separate claim and requires a specific response.