Philippine Bar review · Question

Practice question: Motion for Authority to Litigate as Indigent

Multiple Choice Hard

Practice question

A party was granted indigent authority, but before trial-court judgment the opponent produces evidence of sufficient available income and property. The applicant drafts an opposition claiming the grant is forever unreviewable. Which assessment is correct?
  1. The initial grant is irrevocable regardless of new evidence
  2. The evidence automatically decides the merits against the applicant
  3. The opponent must wait until all appeals end
  4. The grant may be contested before judgment; after hearing, sufficient means can lead to assessment and collection of the proper fees
  5. The applicant's lawyer may personally suppress the evidence

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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