X and Y, both residents of Bgy. II, Sampaloc, Manila entered into a P 100,000 loan agreement. Because Y defaulted, X sued Y for collection and the…
2012 Bar Exam · Remedial Law · Question 91 · Multiple choice
The question
X and Y, both residents of Bgy. II, Sampaloc, Manila entered into a P 100,000 loan agreement. Because Y defaulted, X sued Y for collection and the complainant prayed for issuance of preliminary attachment. Y moved to dismiss the complaint because there was no Barangay conciliation. The court should therefore:
- A.Dismiss X's complaint for prematurity.
- B.Dismiss X's complaint for lack of cause of action.
- C.Deny Y's motion because it is exempt from Barangay conciliation.
- D.Deny Y's motion because of the amount of the loan.
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