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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:

  1. A.Dismiss X's complaint for prematurity.
  2. B.Dismiss X's complaint for lack of cause of action.
  3. C.Deny Y's motion because it is exempt from Barangay conciliation.
  4. D.Deny Y's motion because of the amount of the loan.

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