2017 (Remedial Law) Bar Exam Questions: Question 8

[Skip the Instructions below and proceed to answer/discuss the 2017 Remedial Law bar exam questions: 12345679, 10, 11, 12, 13, 14, 15, 161718, and 19; See also 2017 Bar Exam: Information, Discussions, Tips, Questions and Results]

-VIII-

A.

Laura was the lessee of an apartment unit owned by Louie. When the lease expired, Laura refused to vacate the property. Her refusal prompted Louie to file an action for unlawful detainer against Laura who failed to answer the complaint within the reglementary period.
Louie then filed a motion to declare Laura in default. Should the motion be granted? Explain your answer. (3%)

B.

Agatha filed a complaint against Yana in the RTC in Makati City to collect P350,000.00, an amount representing the unpaid balance on
the price of the car Yana had bought from Agatha. Realizing a jurisdictional error in filing the complaint in the RTC, Agatha filed a notice of dismissal before she was served with the answer of Yana. The RTC issued an order confirming the dismissal.

Three months later, Agatha filed another complaint against Yana based on the same cause of action this time in the MeTC of Makati City. However, for reasons personal to her, Agatha decided to have the complaint dismissed without prejudice by filing a notice of dismissal prior to the service of the answer of Yana. Hence, the case was dismissed by the MeTC.

A month later, Agatha refiled the complaint against Yana in the same MeTC.

May Yana successfully invoke the Two-Dismissal Rule to bar Agatha’s third complaint? Explain your answer. (3%)

Leave a Reply

Your email address will not be published. Required fields are marked *