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Question 8

2025 Bar · Remedial Law · 1 sub-question

12. A filed with the Municipal Trial Court in Cities (MTCC)-Davao City a complaint for recovery of ownership of real property against B. After A presented his evidence, B filed a motion to dismiss on the ground of lack of jurisdiction since the assessed value of the property in the amount of PHP 10 million was beyond the jurisdictional threshold of the MTCC. A argued that the motion to dismiss should be denied since B was deemed to have waived such jurisdictional defect when he failed to plead the same as an affirmative defense in his answer. Is A correct? Reason(s).

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