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12.

Tina Guerrero filed with the Regional Trial Court of Biñan, Laguna, a complaint for sum of money amounting to P1 Million against Carlos Corro. The complaint alleges, among others, that Carlos borrowed from Tina the said amount as evidenced by a promissory note signed by Carlos and his wife, jointly and severally.

Carlos was served with summons which was received by Linda, his secretary. However, Carlos failed to file an answer to the complaint within the 15-day reglementary period. Hence, Tina filed with the court a motion to declare Carlos in default and to allow her to present evidence ex parte. Five days thereafter, Carlos filed his verified answer to the complaint, denying under oath the genuineness and due execution of the promissory note; and contending that he has fully paid his loan with interest at 12% per annum.

1. Was the summons validly served on Carlos? 2.5%

2. If you were the judge, will you grant Tina’s motion to declare Carlos in default? 2.5%

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