2016 (Remedial Law) Bar Exam Questions: Question 4

[Answer/discuss the question below, or see 2016 bar exam Remedial Law Instructions; 2016 Mercantile Law questions: 12345678910111213141516171819 and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]


Eduardo, a resident of the City of Manila, filed before the Regional Trial Court (RTC) of Manila a complaint for the annulment of a Deed of Real Estate Mortgage he signed in favor of Galaxy Bank (Galaxy), and the consequent· foreclosure and auction sale of his mortgaged Makati property. Galaxy filed a Motion to Dismiss on the ground of improper venue alleging that the complaint should be filed with the RTC of Makati since the complaint involves the ownership and possession ofEduardo’s lot. Resolve the motion with reasons. (5%)

One comment

  1. An action for annulment of a deed of mortgage is a personal action. Being a personal action, it may be filed either in the proper court having jurisdiction over the area where the plaintiff or defendant resides at the election of the plaintiff.
    Therefore eduardo may either file the action either the rtc of makati or quezon city.

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