Remedial Law, 2019 Bar — Question A.1-b

ESSAY

ABC Homeowners Association, Inc. sued Mr. X before the Regional Trial Court (RTC) for collection of unpaid association dues. Mr. X filed a motion to dismiss solely on the ground of lack of jurisdiction, asserting that the Housing and Land Use Regulatory Board has exclusive jurisdiction over disputes among homeowners and their associations. The RTC denied Mr. X’s motion, maintaining that it has jurisdiction over the case. This prompted Mr. X to file a petition for certiorari under Rule 65 of the Rules of Court before the Supreme Court, alleging grave abuse of discretion on the part of the RTC in denying his motion to dismiss. Assuming that Mr. X’s motion was instead granted by the RTC, what is the proper remedy of ABC Homeowners Association, Inc. to challenge the RTC ruling? Explain.

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