Practice question
An applicant exceeds one Rule 141 threshold but supplies evidence that available funds and assets cannot meet essential family needs. The proposed motion omits any request for a Rule 3 hearing and asserts exemption as an automatic right despite the failed criterion. Which revision best follows Argentera?
- Delete every financial fact
- Ask the opponent to privately certify the judgment's merits
- Request consideration under Rule 3, Section 21, with a hearing and supporting proof of the actual lack of sufficient available means
- Claim the failed threshold conclusively proves indigency
- State that a barangay certificate overrides all judicial assessment
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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