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2008 Remedial Law Bar Q&A Guide

The document summarizes two questions from a 2008 Philippine bar exam on remedial law. 1) The first question asks if a Philippine court acquired jurisdiction over a defendant living in Singapore when she was served summons through publication in a local tabloid and her friend emailed her a scan of the relevant page. The summary is that service by publication is not proper for acquiring jurisdiction over a defendant in an action in personam. 2) The second question asks about jurisdiction over counterclaims filed in response to a collection suit, and whether docket fees must be paid. The counterclaims exceeded the principal claim amount.

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Malvin Aragon Balleta
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135 views1 page

2008 Remedial Law Bar Q&A Guide

The document summarizes two questions from a 2008 Philippine bar exam on remedial law. 1) The first question asks if a Philippine court acquired jurisdiction over a defendant living in Singapore when she was served summons through publication in a local tabloid and her friend emailed her a scan of the relevant page. The summary is that service by publication is not proper for acquiring jurisdiction over a defendant in an action in personam. 2) The second question asks about jurisdiction over counterclaims filed in response to a collection suit, and whether docket fees must be paid. The counterclaims exceeded the principal claim amount.

Uploaded by

Malvin Aragon Balleta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

THE ULTIMATE COUNTDOWN2008 Remedial Law Bar Questions and Suggested

Answers

I
Lani filed an action for partition and accounting in the Regional Trial Court (RTC)
of Manila against her sister Mary Rose, who is a resident of Singapore and is not
found in the Philippines. Upon motion, the court ordered the publication of the
summons for three weeks in a local tabloid, Bulgar. Linda, an OFW vacationing
in the Philippines, saw the summons in Bulgar and brought a copy of the tabloid
when she returned to Singapore. Linda showed the tabloid and the page
containing the summons to Mary Rose, who said, "Yes I know, my kumare Anita
scanned and e-mailed that page of Bulgar to me!"
Did the court acquire jurisdiction over Mary Rose? (4%)
Answer:
No. As a rule in constructive service, summons by publication is available only in
actions in rem or quasi in rem. It is not available as a means of acquiring
jurisdiction over the person of the defendant in an action in personam. Summons
by publication against a nonresident in an action in personam is not a proper
mode of service.
II
Fe filed a suit for collection of P387,000 against Ramon in the RTC of Davao
City. Aside from alleging payment as a defense, Ramon in his answer set up
counterclaims for P100,000 as damages and P30,000 as attorney's fees as a
result of the baseless filing of the complaint, as well as for P250,000 as the
balance of the purchase price of the 30 units of air conditioners he sold to Fe.
Does the RTC have jurisdiction over Ramon's counterclaims, and if so, does he
have to pay docket fees therefor? (3%)
Under the same premise as paragraph (b) above, suppose that instead of
alleging payment as a defense in his answer, Ramon filed a motion to dismiss on
that ground, at

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