Indigent Party Flashcards
Who is an INDIGENT PARTY?
Under Sec. 21, Rule 3 of the Rules of Court, an INDIGENT PARTY is one who has no money or property sufficient and available for food, shelter, and basic necessities for himself and his family.
What is required for a party to be authorized to litigate his action, claim, or defense in court as an indigent?
To be entitled to the exemption, the litigant shall do the following:
(A) Execute an affidavit that he and his immediate family do not earn a gross income that exceed the amount double the monthly minimum wage of an employee, and they do not own real property with a fair market value as stated in the current tax declaration of more than Three Hundred Thousand Pesos (Php 300,000.00);
(B) Affidavit of a disinterested person attesting to the truth of the litigant’s affidavit (this supports the litigant’s affidavit mentioned above); and
(C) Current tax declaration, if any, which shall be attached to the litigant’s affidavit;
EXEMPTIONS BY REASON OF AN AUTHORITY TO LITIGATE AS AN INDIGENT PARTY
EXEMPTIONS from the following:
(A) Payment of docket fees and other lawful fees;
(B) Payment of transcript of stenographic notes, which the court may order to be furnished him.
Are the exemptions for the payment of docket fees and other lawful fees forgone by the court?
The amount of the docket and other lawful fees which the indigent was exempted from paying SHALL BE a lien on any judgment rendered in the case favorable to the indigent, unless the court otherwise provides (in which case, the court then forgoes such fees).
