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Question 8
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).
Model answer · ALAC
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