Practice question
A civil litigant applies under Rule 3, Section 21 and presents evidence that an inherited fractional land interest cannot presently be sold or used to obtain basic necessities. The court considers indigent status under that rule rather than a separate automatic-exemption formula. The opponent argues that ownership of anything conclusively ends the inquiry. What is the proper approach?
- Reject every application whenever any property appears on a document
- Treat a bare assertion of poverty as conclusive without inquiry
- Assess whether money or property is sufficient and available for the applicant's and family's food, shelter and basic necessities
- Grant automatic victory if property is illiquid
- Let the opponent decide availability without court assessment
Legal references
- Rules of Court, Rule 3, Section 21, indigent parties, as reflected in A.M. No. 19-10-20-SC, 2019 Amendments: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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