Legal Assitance and Free Access to Courts Flashcards
Sec. 11, Art. III.
________ to the _____ and ___________ and adequate ___________ shall not be denied to any person by reason of _______.
Free access; courts; quasi-judicial bodies; legal assistance; poverty
Sec. 11, Art. III.
________ to the _____ and ___________ and adequate ___________ shall not be denied to any person by reason of _______.
Sec. 21, Rule 3, RoC. Any adverse party may contest the grant of such authority at any time before judgment is rendered by the trial court. If the court should determine after hearing that the party declared as an _______ is in fact a person with sufficient _______________, the ________________________shall be assessed and collected by the clerk of court. If the payment is not made within the time fixed by the court, _________ shall issue or the payment thereof, without prejudice to such _______________ as the court may impose.
indigent;
income or property;
proper docket and other lawful fees;
execution;
other sanctions;
Sec. 21, Rule 3, RoC. Any adverse party may contest the grant of such authority at any time before judgment is rendered by the trial court. If the court should determine after hearing that the party declared as an _______ is in fact a person with sufficient _______________, the ________________________shall be assessed and collected by the clerk of court. If the payment is not made within the time fixed by the court, _________ shall issue or the payment thereof, without prejudice to such _______________ as the court may impose.
Sec. 19, Rule 141, RoC. Indigent litigants exempt from payment of legal fees. —
Indigent litigants (a) whose gross income and that of their immediate family do not exceed four thousand (P4,000.00) pesos a month if residing in Metro Manila, and three thousand (P3,000.00) pesos a month if residing outside Metro Manila, and (b) who do not own real property with an assessed value of more than fifty thousand (P50,000.00) pesos shall be exempt from the payment of legal fees.
The legal fees shall be a lien on any judgment rendered in the case favorably to the indigent litigant, unless the court otherwise provides.
To be entitled to the exemption herein provided, the litigant shall execute an affidavit that he and his immediate family do not earn a gross income abovementioned, nor they own any real property with the assessed value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the litigant’s affidavit.
Any falsity in the affidavit of a litigant or disinterested person shall be sufficient cause to strike out the pleading of that party, without prejudice to whatever criminal liability may have been incurred.
Sec. 19, Rule 141, RoC. Indigent litigants exempt from payment of legal fees. —
Indigent litigants (a) whose gross income and that of their immediate family do not exceed four thousand (P4,000.00) pesos a month if residing in Metro Manila, and three thousand (P3,000.00) pesos a month if residing outside Metro Manila, and (b) who do not own real property with an assessed value of more than fifty thousand (P50,000.00) pesos shall be exempt from the payment of legal fees.
The legal fees shall be a lien on any judgment rendered in the case favorably to the indigent litigant, unless the court otherwise provides.
To be entitled to the exemption herein provided, the litigant shall execute an affidavit that he and his immediate family do not earn a gross income abovementioned, nor they own any real property with the assessed value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the litigant’s affidavit.
Any falsity in the affidavit of a litigant or disinterested person shall be sufficient cause to strike out the pleading of that party, without prejudice to whatever criminal liability may have been incurred.
Sec. 4, R.A. 9999. Requirements for Availment. -
For purposes of availing of the benefits andservices as envisioned in this Act, a lawyer or professional partnership shall secure a certification from the Public Attorney’s Office (PAO), the Department of Justice (DOJ) or accredited association of the Supreme Court indicating that the said legal services to be provided are within the services defined by the Supreme Court, and that the agencies cannot provide the legal services to be provided by the private counsel.
For purpose of determining the number of hours actually provided by the lawyer and/or professional firm in the provision of legal services, the association and/or organization duly accredited by the Supreme Court shall issue the necessary certification that said legal services were actually undertaken.
Sec. 4, R.A. 9999. Requirements for Availment. -
For purposes of availing of the benefits andservices as envisioned in this Act, a lawyer or professional partnership shall secure a certification from the Public Attorney’s Office (PAO), the Department of Justice (DOJ) or accredited association of the Supreme Court indicating that the said legal services to be provided are within the services defined by the Supreme Court, and that the agencies cannot provide the legal services to be provided by the private counsel.
For purpose of determining the number of hours actually provided by the lawyer and/or professional firm in the provision of legal services, the association and/or organization duly accredited by the Supreme Court shall issue the necessary certification that said legal services were actually undertaken.
Sec. 5, RA 9999. Incentives to Lawyers. -
For purposes of this Act, a lawyer or professional partnerships rendering actual free legal services, as defined by the Supreme Court, shall be entitled to an allowable deduction from the gross income, the amount that could have been collected for the actual free legal services rendered or up to ten percent (10%) of the gross income derived from the actual performance of the legal profession, whichever is lower: Provided, That the actual free legal services herein contemplated shall be exclusive of the minimum sixty (60)-hour mandatory legal aid services rendered to indigent litigants as required under the Rule on Mandatory Legal Aid Services for Practicing Lawyers, under BAR Matter No. 2012, issued by the Supreme Court.
Sec. 5, RA 9999. Incentives to Lawyers. -
For purposes of this Act, a lawyer or professional partnerships rendering actual free legal services, as defined by the Supreme Court, shall be entitled to an allowable deduction from the gross income, the amount that could have been collected for the actual free legal services rendered or up to ten percent (10%) of the gross income derived from the actual performance of the legal profession, whichever is lower: Provided, That the actual free legal services herein contemplated shall be exclusive of the minimum sixty (60)-hour mandatory legal aid services rendered to indigent litigants as required under the Rule on Mandatory Legal Aid Services for Practicing Lawyers, under BAR Matter No. 2012, issued by the Supreme Court.
Who is an indigent party?
A party may be authorized to litigate his action, claim or defense as an indigent if the court, upon an ex parte application and hearing, is satisfied that the party is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family.
Is the Legal Assitance clause available to corporations?
NO.
The Courts cannot grant to foundations x x x the same exemption from payment of legal fees granted to indigent litigants even if the foundations are working for indigent and underprivileged people.
The clear intent and precise language of the aforequoted provisions of the Rules of Court indicate that only a natural party litigant may be regarded as an indigent litigant.
As a juridical person, therefore, it cannot be accorded the exemption from legal and filing fees granted to indigent litigants
[Re: Query of Mr. Roger C Prioreschi re Exemption from Legal and Filing Fees of the Good Shepherd Foundation Inc., A. M. No. 09-6-9-SC (2009)].
