Philippine Bar review · Question

Practice question: Motion for Authority to Litigate as Indigent

Multiple Choice Hard

Practice question

Before trial-court judgment, the court finds after hearing that an applicant previously granted indigent authority actually has sufficient income and property. The clerk assesses fees, but the applicant ignores the court-fixed payment period. What should counsel’s proposed order acknowledge?
  1. The original grant permanently prevents collection.
  2. Execution for the unpaid assessed fees may issue, without prejudice to other sanctions the court may impose.
  3. The clerk must personally absorb the fees.
  4. The opponent must always pay them instead.
  5. No hearing or determination could ever alter the grant.

Legal references

  • Rules of Court, Rule 3, Section 21, as amended: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
  • Manila Electric Company v. Argentera, G.R. Nos. 224729 and 225049, February 8, 2021, indigency discussion and Rule 141, Section 19: https://lawphil.net/judjuris/juri2021/feb2021/gr_224729_2021.html

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