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VVocatus · Bar Exam Practice

Political Law, 2022 Bar — Question 8

Political Law
2022 BarPolitical LawQ. 8

QUESTION

A law was passed exempting the Land Bank of the Philippines (LBP) from the payment of filing fees in collection cases on loans granted by LBP to its borrowers. The Office of the Court Administrator (OCA) of the Supreme Court issued a Memorandum requiring all courts to continue to collect filing fees in collection cases filed by LBP, stating that only the Supreme Court can decide on exemptions from payment of filing fees. LBP assails the OCA Memorandum, arguing that the exemption found in the law is within the plenary power of Congress to enact legislation. Moreover, the law was approved by the President. Thus, LBP argues that the act of the OCA violates the principle of separation of powers. Is LBP correct? Explain briefly. (5 points)

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