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VVocatus · Bar Exam Practice

Remedial Law, 2010 Bar — Question II-A

Remedial Law
2010 BarRemedial LawQ. II-A

ESSAY

On August 13, 2008, A, as shipper and consignee, loaded on the M/N Atlantis in Legaspi City 100,000 pieces of century eggs. The shipment arrived in Manila totally damaged on August 14, 2008. A filed before the Metropolitan Trial Court (MeTC) of Manila a complaint against B Super Lines, Inc. (B Lines), owner of the M/N Atlantis, for recovery of damages amounting to P167,899. He attached to the complaint the Bill of Lading. B Lines filed a Motion to Dismiss upon the ground that the Regional Trial Court has exclusive original jurisdiction over "all actions in admiralty and maritime" claims. In his Reply, A contended that while the action is indeed "admiralty and maritime" in nature, it is the amount of the claim, not the nature of the action, that governs jurisdiction. Pass on the Motion to Dismiss. (3%)

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