The requirements of a permissive counterclaim are:
[1] It does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction;
[2] It must be within the jurisdiction of the court wherein the case is pending and is cognizable by the regular courts of justice;
[3] It does not arise out of the same transaction or series of transactions subject of the complaint, and;
[4] Payment of correct docket fee, which is not required for compulsory counterclaims.