2013 (Legal Ethics) Bar Exam Questions: Multiple Choice Question 6

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Plaintiff Jun Ahorro filed a complaint for collection of sum of money before the Regional Trial Court of Manila. Because of the large amount of his claim, he had to pay a sizeable docket fee. He insisted on paying the docket fee and other fees in installments because staggered payment is allowed under Rule 141, as amended. The Office of the Clerk of Court (OCC) refused to accept the complaint unless he paid the full amount of the docket and other required fees.

Plaintiff Jun Ahorro’s position _____. (1%)

(A) is allowed because of the large amount of the docket fee

(B) is justified because it is discretionary on the part of the OCC to accept staggered payment

(C) is incorrect because the amendment on staggered payment has been suspended

(D) is not allowed because the full payment of docket fee is jurisdictional

(E) cannot be allowed because of its prejudicial impact on the judiciary’s financial operations

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