Remedial Law, 2018 Bar — Question XXII

ESSAY

Danica obtained a personal loan of Php 180,000 from Dinggoy, payable in 18 equal monthly installments of Php 10,000 until fully paid. In order to complete her payment at an earlier date, Danica instead paid Php 20,000 monthly, and continued doing so until the 18th month, which payments Dinggoy all accepted. Later on, she realized that she had overpaid Dinggoy by 100% as she should have already completed payment in nine (9) months. She demanded the return of the excess payment, but Dinggoy completely ignored her. Thus, Danica availed of the Rules of Procedure for Small Claims Cases by filing before the Municipal Trial Court (MTC) a statement of claim, together with the required documents. Should the MTC proceed with the case under the: (i) Revised Rules on Summary Procedure; (ii) the Rules of Procedure for Small Claims; or (iii) the regular procedure for civil cases?

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