2014 (Remedial Law) Bar Exam Questions: Question 5

[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]

V.

Landlord, a resident of Quezon City, entered into a lease contract with Tenant, a resident of Marikina City, over a residential house in Las Piñas City. The lease contract provided, among others, for a monthly rental of P25,000.00, plus ten percent (10%) interest rate in case of non-payment on its due date. Subsequently, Landlord migrated to the United States of America (USA) but granted in favor of his sister Maria, a special power of attorney to manage the property and file and defend suits over the property rented out to Tenant. Tenant failed to pay the rentals due for five (5) months.

Maria asks your legal advice on how she can expeditiously collect from Tenant the unpaid rentals plus interests due. (6%)

(A) What judicial remedy would you recommend to Maria?

(B) Where is the proper venue of the judicial remedy which you recommended?

(C) If Maria insists on filing an ejectment suit against Tenant, when do you reckon the one (1)-year period within which to file the action?

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