Philippine Bar review · Question

Practice question: Motion for Authority to Litigate as Indigent

Multiple Choice Hard

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?
  1. Delete every financial fact
  2. Ask the opponent to privately certify the judgment's merits
  3. Request consideration under Rule 3, Section 21, with a hearing and supporting proof of the actual lack of sufficient available means
  4. Claim the failed threshold conclusively proves indigency
  5. 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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