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Question IV

2016 Bar · Remedial Law · 1 sub-question

IV. Eduardo, a resident of the City of Manila, filed before the Regional Trial Court (R TC) 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 ofMakati since the complaint involves the ownership and possession of Eduardo's lot. Resolve the motion with reasons. (5%)

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