FREE ACCESS TO COURTS

·         Inspired by the social justice policy and covered by the equal protection clause, this rule has been implemented by several provisions of the Rules of Court in favor of the pauper litigant and by such laws as the Laurel law, which permits the provisional release of the accused without the necessity of posting bail under certain conditions.

·         The Integrated Bar of the Philippines provides deserving indigents with free legal aid and similar services are available from the Department of Justice to litigants who cannot afford retained counsel. There are also private legal assistance organizations now functioning for the benefit of penurious clients who otherwise might be unable to resort to the courts of justice because only of their misfortune of being poor.

·         At the forefront among these agencies which provide indigent litigants with legal services, counselling and assistance is the Public Attorney’s Office (PAO) which is attached to the Department of Justice and has scores of offices and hundreds of lawyers all over the country.

·         Because of the importance of its role in our society, it has been provided by both the law and the Supreme Court with various exemptions in terms of legal fees, including docket and other legal fees. Although it has been found not to be exempt from the payment of sheriff’s fees, it has been authorized to serve the summonses, subpoenas and other court processes in behalf of its clients so as to relieve them from the burden of paying for the sheriff’s expenses usually paid for the purpose.

RULE 3, SEC. 21, 1997 RULES OF CIVIL PROCEDURE Indigent party. A party may be authorized to litigate his action, claim or defense as an indigent if the court, upon an ex parte application and hearing, is satisfied that the party is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family. Such authority shall include an exemption from payment of docket and other lawful fees, and of transcripts of stenographic notes which the court may order to be furnished him. The amount of the docket and other lawful fees which the indigent was exempted from paying shall be a lien on any judgment rendered in the case favorable to the indigent, unless the court otherwise provides.cralaw Any adverse party may contest the grant of such authority at any time before judgment is rendered by the trial court. If the court should determine after hearing that the party declared as an indigent is in fact a person with sufficient income or property, the proper docket and other lawful fees shall be assessed and collected by the clerk of court. If payment is not made within the time fixed by the court, execution shall issue for the payment thereof, without prejudice to such other sanctions as the court may impose.

RULE 141, SEC. 18, RULES OF COURT Indigent-litigants exempts from payment of legal fees. — Indigent litigants (a) whose gross income and that of their immediate family do not exceed four thousand (P4,000.00) pesos a month if residing in Metro Manila, and three thousand (P3,000.00) pesos a month if residing outside Metro Manila, and (b) who do not own real property with an assessed value of more than fifty thousand (P50,000.00) pesos shall be exempt from the payment of legal fees. The legal fees shall be a lien on any judgment rendered in the case favorably to the indigent litigant, unless the court otherwise provides. To be entitled to the exemption herein provided, the litigant shall execute an affidavit that he and his immediate family do not earn a gross income abovementioned, nor they own any real property with the assessed value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the litigant's affidavit. Any falsity in the affidavit of a litigant or disinterested person shall be sufficient cause to strike out the pleading of that party, without prejudice to whatever criminal liability may have been incurred.