2014 (Remedial Law) Bar Exam Questions: Question 27

[Answer / discuss the question below. Or see 2014 bar exam Remedial Law Instructions; 2014 Remedial Law essay and multiple choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29; See also 2014 Bar Exam: Information, Discussions, Tips, Questions and Results]

XXVII.

Mr. Avenger filed with the Regional Trial Court (RTC) a complaint against Ms. Bright for annulment of deed of sale and other documents. Ms. Bright filed a motion to dismiss the complaint on the ground of lack of cause of action. Mr. Avenger filed an opposition to the motion to dismiss.

State and discuss the appropriate remedy/remedies under each of the following situations: (6%)

(A) If the RTC grants Ms. Bright’s motion to dismiss and dismisses the complaint on the ground of lack of cause of action, what will be the remedy/remedies of Mr. Avenger?

(B) If the RTC denies Ms. Bright’s motion to dismiss, what will be her remedy/remedies?

(C) If the RTC denies Ms. Bright’s motion to dismiss and, further proceedings, including trial on the merits, are conducted until the RTC renders a decision in favor of Mr. Avenger, what will be the remedy/remedies of Ms. Bright?

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