Scribd
Upload
424 views2 pages

Re Request of The NLAC To Exempt Clients From Paying Docket Fees

The document discusses a request by the Misamis Oriental Chapter of the Integrated Bar of the Philippines (IBP) for their indigent clients to be exempted from paying filing, docket, and other fees, similar to exemptions given to clients of the Public Attorneys' Office. The Supreme Court of the Philippines approved the request and implemented rules establishing a means test and merit test for determining eligibility for fee exemptions. Under the means test, clients cannot exceed a certain income level or property value. Under the merit test, cases must further justice and not be intended to harass others. The Supreme Court granted the IBP's request to exempt qualifying indigent clients of legal aid offices from paying certain fees to promote access

Uploaded by

Avatar09
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
424 views2 pages

Re Request of The NLAC To Exempt Clients From Paying Docket Fees

The document discusses a request by the Misamis Oriental Chapter of the Integrated Bar of the Philippines (IBP) for their indigent clients to be exempted from paying filing, docket, and other fees, similar to exemptions given to clients of the Public Attorneys' Office. The Supreme Court of the Philippines approved the request and implemented rules establishing a means test and merit test for determining eligibility for fee exemptions. Under the means test, clients cannot exceed a certain income level or property value. Under the merit test, cases must further justice and not be intended to harass others. The Supreme Court granted the IBP's request to exempt qualifying indigent clients of legal aid offices from paying certain fees to promote access

Uploaded by

Avatar09
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

Re: Request of National Committee on Legal Aid to exempt legal aid clients from paying

filing, docket and other fees


A.M. No. 08-11-7-SC
28 August 2009
SUBJECT : Remedial Law
TOPIC : Filing Fees
FACTS :

On 23 September 2008, the Misamis Oriental Chapter of the Integrated Bar of the Philippines
(“IBP”) promulgated Resolution No. 24, series of 2008. The resolution requested the IBP’s
National Committee on Legal Aid (“NCLA”) to ask for the exemption from the payment of
filing, docket, and other fees of clients of the legal aid offices.

The Supreme Court noted Resolution No. 24, series of 2008 and required the IBP, through
the NCLA, to comment thereon. Subsequently, the IBP through the NCLA issued its
comment recommending the grant of exemption from the payment of filing, docket, and other
fees to IBP’s indigent clients similar to the exemption given to clients of the Public
Attorneys’ Office.

ISSUE/S :

Whether or not the IBP’s indigent clients should be exempted from the payment of filing,
docket, and other fees?

HELD :

Yes, the IBP’s indigent clients should be exempted from the payment of filing, docket, and
other fees.

Access to justice by all, especially by the poor, is not simply an ideal in our society. Its
existence is essential in a democracy and in the rule of law. The Court recognizes the right of
access to justice as the most important pillar of legal empowerment of the marginalized
sectors of our society.

The IBP, pursuant to its general objectives to improve the administration of justice and
enable the Bar to discharge its public responsibility more effectively, assists the Supreme
Court in providing the poor access to justice. In particular, it renders free legal aid under the
supervision of the NCLA.

Hence, the request of the Misamis Oriental Chapter for the exemption from the payment of
filing, docket, and other fees of the clients of the legal aid offices of the various IBP chapters
is granted.

In relation thereto, the Supreme Court approves A.M. No. 08-11-7-SC (IRR): Re: Rule on the
Exemption From the Payment of Legal Fees of the Clients of the National Committee on
Legal Aid and of the Legal Aid Offices in the Local Chapters of the Integrated Bar of the
Philippines.

Under this rule, the IBP through the NCLA shall adopt the combine ‘means and merit’ tests
to determine eligibility for the exemption.
Under A.M. No. 08-11-7-SC (IRR), the means test provides:

“Section 2. Means test; exception. – (a) This test shall be based on the following criteria: (i)
the applicant and that of his immediate family must have a gross monthly income that does
not exceed an amount double the monthly minimum wage of an employee in the place where
the applicant resides and (ii) he does not own real property with a fair market value as stated
in the current tax declaration of more than Three Hundred Thousand (₱300,000.00) Pesos.

In this connection, the applicant shall execute an affidavit of indigency (printed at the back of
the application form) stating that he and his immediate family do not earn a gross income
abovementioned, nor own any real property with the fair value aforementioned, supported by
an affidavit of a disinterested person attesting to the truth of the applicant’s affidavit. The
latest income tax return and/or current tax declaration, if any, shall be attached to the
applicant’s affidavit.”

Under A.M. No. 08-11-7-SC (IRR), the merit test provides:

“Section 3. Merit test. – A case shall be considered meritorious if an assessment of the law
and evidence at hand discloses that the legal service will be in aid of justice or in the
furtherance thereof, taking into consideration the interests of the party and those of society. A
case fails this test if, after consideration of the law and evidence presented by the applicant, it
appears that it is intended merely to harass or injure the opposite party or to work oppression
or wrong.”

Thus, in order for one to qualify for the exemption, he/she must meet the aforementioned
tests.

© 2020 Lexter Digest. All Rights Reserved.


About the author

You might also like