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Question I

2018 Bar · Remedial Law · 3 sub-questions

I. Danielle, a Filipino citizen and permanent resident of Milan, Italy, filed with the Regional Trial Court (RTC) of Davao City, where she owns a rest house, a complaint for ejectment against Dan, a resident of Barangay Daliao, Davao City. Danielle's property, which is located in Digos City, Davao del Sur, has an assessed value of PhP 25,000. Appended to the complaint was Danielle's certification on non-forum shopping executed in Davao City duly notarized by Atty. Dane Danoza, a notary public.
(a)(a) Was there a need to refer the case to the Lupong Tagapamayapa for prior barangay conciliation before the court can take cognizance of the case? (2.5%)
(b)(b) Was the action properly instituted before the RTC of Davao City? (2.5%)
(c)(c) Should the complaint be verified or is the certification sufficient? (2.5%)

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