9. Motion for Authority to Litigate as Indigent

Indigent Party

A party may be authorized to litigate as an indigent if the court is satisfied that the party is one who has no money or property sufficient and available for food, shelter and basic necessities.

The application and the hearing to litigate as an indigent litigant may be made ex parte.

If one is authorized to litigate as an indigent, such authority shall include an exemption from the payment of docket fees, and of transcripts of stenographic notes, which the court may order to be furnished by him.

However, the amount of the docket and other lawful fees, which the indigent was exempt from paying, shall be lien on the judgment rendered in the case favorable to the indigent.

A lien on the judgment shall not arise if the court provides otherwise. (Rule 3, Sec. 21)

When an application to litigate as an indigent litigant is filed, the court shall determine if the applicant complies with the income and property standards prescribed in the present Section 19 of Rule 141— that is, the applicant’s gross income and that of the applicant’s immediate family do not exceed an amount double the monthly minimum wage of an employee; and the applicant does not own real property with a fair market value of more than Three Hundred Thousand Pesos (PhP 300,000.00).

If the trial court finds that the applicant meets the income and property requirements, the authority to litigate as indigent litigant is automatically granted and the grant is a matter of right. However, if the trial court finds that one or both requirements have not been met, then it would set a hearing to enable the applicant to prove that the applicant has “no money or property sufficient and available for food, shelter and basic necessities for himself and his family.” (Spouses Algura v. City of Naga, G.R. No. 150135, 2006)

Only a natural party litigant may be regarded as an indigent litigant. (Re : Query of Mr. Roger C. Prioreschi, A.M. No. 09-6-9-SC, 2009)