LEIZL A.

VILLAPANDO
VILLAPA NDO REMEDIAL
REMEDIAL LAW NOVEMBER
NOVEMBER 24, 202
2022
2

1. Lebron, a Makati resident, obtained a Php 350,000.00 loan from a bank secured by a real
estate mortgage (REM) over his lot located in Quezon City with an assessed value of Php
500,000.00. Lebron failed to pay despite written demands. The bank intends to file an action for
judicial foreclosure of the REM.
REM.
Where should the action for judicial foreclosure of the REM be filed and in which
court? Explain briefly. (5 points )

ANSWER:

The judicial foreclosure of the REM should be filed with the Regional Trial Court (RTC) in Quezon
City.

The venue for real actions affecting title to or possession of real property, or interest therein, shall be
commenced and tried in the proper courtcour t which has jurisdiction
jurisdicti on over the area wherein the real property
involved, or a portion thereof, is situated (Section 1, Rule 4, Rules of Court.)

Further, the law also provides in BP 129 as amended by RA 11576, Section 1, that the Regional Trial
shall have original exclusive jurisdiction in all civil actions which involve the title to, or possession of,
real property, or any interest therein, where the assessed value exceeds Four hundred thousand
pesos (P400,000.00).

In this case the assessed value of the property that is located in Quezon city is Php500,
Php500,000.0
000.00.
0. Thus,
the RTC in Quezo
Quezon n shall have jurisdiction over the subject property.

2. Asya, Inc. sued Kobe, a resident of Bukidnon. To serve summons, the sheriff waited in the
lobby of Makati Hotel (MH), where Kobe stays whenever he is in Manila. The sheriff failed to serve
the summons because Kobe left the hotel for an emergency. Hours later, the sheriff asked the
front desk about Kobe’s whereabouts and his room number. The hotel refused to disclose on
grounds of confidentiality. The sheriff tried again the next day, but Kobe was in a conference until
midnight. So, the following day, the sheriff left the summons and a copy of the complaint with
MH's chief security officer (CSO), even as the CSO refused because Kobe had alreadyalre ady checked
out by then. The sheriff thereafter filed his return, stating the dates, times and places of his
attempts, the name of the CSO, and the fact that the complaint was served with the summons.
When Kobe did not file an
a n Answer, Asya, Inc. moved to declare him in default.

Was
Was there a valid substitu ted service of summons ? Explain briefly. (5 points)

ANSWER:

No, there was no valid substituted service of summons because under Rule 14, Section 6, for a
valid substituted service of summons to be effective, if, for justifiable causes, the defendant cannot
be served personally after at least three (3) attempts on two (2) different dates, service may be
effected:
(a) By leaving copies of the summons at the defendant’s residence to a person at least eighteen
(18) years of age and of sufficient discretion residing therein;

(b) By leaving copies of the summons at [the]

[the] defendant’s office or regular place of business with
some competent person in charge thereof. A competent person includes, but is not limited to, one
who customarily receives correspondences for the defendant;

(c) By leaving
purpose copies
known, with of theofsummons,
any if refused
the officers of the entry uponers’
making
homeowners’
homeown his ornher
association
associatio or authority
condominium
condomi and
nium
corporation, or its chief security officer in charge of the community or the building where the
defendant may be found; and

(d) By sending an electronic mail to the defendant’s electronic mail address, if allowed by the
court.

In this case, the hotel can’t be considered as Kobe’s residence nor a regular place of business as
he only stays there whenever he is in Manila.
Man ila. There’s also no competent person who customarily
receives his regular correspondences for him which in this case the Makati Hotel Chief Security
Officer (CSO) refused to refused as he already checked out.

Although, the three attempts to deliver in two different

different dates were satisfied,
satisfied, the
the Makati hotel is not
deemed to be Kobe’s residence or a regular place of business. Thus, there’s no valid substituted
service was done.