Practice question
A court has properly authorized a party to litigate as an indigent under Rule 3, Section 21. The clerk refuses to accept the otherwise proper pleading solely because that party cannot first pay the exempted docket fees. Which response is correct?
- The refusal disregards the operative fee-exemption authority
- The clerk may cancel any indigent order without court action
- The party must abandon the claim because poverty always bars filing
- The exemption grants automatic judgment on the merits
- The opposing lawyer alone can revoke the exemption
Legal references
- 1987 Constitution, Article III, Section 11, free access to courts and adequate legal assistance: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
- 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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