Philippine Bar review · Question

Practice question: Motion for Authority to Litigate as Indigent

Multiple Choice Medium

Practice question

A draft motion says, 'The applicant failed one Rule 141 criterion, so no court may consider indigency under Rule 3.' Is that statement consistent with Meralco v. Argentera?
  1. No, failure of one or both Rule 141 criteria does not automatically defeat relief under the Rule 3 hearing-based test
  2. Yes, Rule 3 has no indigency provision
  3. Yes, all financial evidence becomes irrelevant
  4. Yes, the opponent alone decides indigency
  5. No, because every request must always be granted

Legal references

  • Rules of Court, Rule 3 Section 21; Rule 141 Section 19 as harmonized in Manila Electric Co. v. Argentera, G.R. Nos. 224729 and 225049, February 8, 2021, MAIN decision (indigency ruling): https://www.lawphil.net/judjuris/juri2021/feb2021/gr_224729_2021.html
  • 2019 Rules of Civil Procedure, Rule 3 Section 21: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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