A permissive counterclaim is a claim a defending party may have against an opposing party 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 essentially any counterclaim that does not meet the criteria of a compulsory counterclaim.

Key characteristics of a permissive counterclaim include:

• It may be set up as an independent action and will not be barred if not contained in the answer to the complaint.
• It is considered an initiatory pleading.
• Docket and other lawful fees should be paid for a permissive counterclaim. Non-payment means the court does not acquire jurisdiction over it.
• It should be accompanied by a certification against forum shopping and, if required by law, a certificate to file action issued by the Lupong Tagapamayapa.
• It must be answered by the party against whom it is interposed, otherwise that party may be declared in default.
• Examples include a counterclaim for damages based on culpa aquiliana in a complaint for collection of a loan, or a counterclaim for the price of a car in an action to recover land.
• In special rules like Summary Procedure or Small Claims, permissive counterclaims are allowed if the amount and nature are within the rule's coverage and fees are paid.