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EN BANC

A. M. No. 09-6-9-SC, August 19, 2009


RE: QUERY OF MR. ROGER C. PRIORESCHI RE EEMP!ION
FROM "EGA" AN# FI"ING FEES OF !HE GOO# SHEPHER#
FOUN#A!ION, INC.
R E S O " U ! I O N
$ERSAMIN, %.:
In his letter dated May 22, 2009 addressed to the Chief Justice, Mr. Roger C. Prioreschi,
administrator of the Good Sheherd !oundation, Inc., "rote#
$he Good Sheherd !oundation, Inc. is %ery grateful for your &rst. Indorsement to ay
a nominal fee of Ph ',000.00 and the (alance uon the collection action of &0 million
esos, thus gi%ing us access to the Justice System re%iously denied (y an u)front
e*cessi%e court fee.
$he +on. Court ,dministrator Jose Pere- ointed out to the need of comlying "ith .C,
Circular /o. 02)200' and Rule &0& that reser%es this 1ri%ilege1 to indigent ersons.
2hile 3udges are aointed to interret the la", this tye of la" seems to (e e*tremely
detailed "ith re4uirements that do not lea%e much room for interretations.
In addition, this la" deals mainly "ith 1indi%idual indigent1 and it does not include
!oundations or ,ssociations that "or5 "ith and for the most Indigent ersons. ,s seen
in our ,rticle of Incororation, since &96' the Good Sheherd !oundation, Inc. reached)
out to the oorest among the oor, to the ne"ly (orn and a(andoned (a(ies, to
children "ho ne%er sa" the smile of their mother, to old eole "ho cannot afford a
fe" esos to ay for 1common rescritions1, to (ro5en families "ho returned to a
normal life. In other "ords, "e ha%e (een "or5ing hard for the %ery !iliino eole,
that the Go%ernment and the society cannot reach to, or ha%e re3ected or a(andoned
them.
Can the Courts grant to our !oundation "ho "or5s for indigent and underri%ileged
eole, the same otion granted to indigent eole7
$he t"o 8*ecuti%e Judges, that "e ha%e aroached, fear accusations of fa%oritism or
other 5ind of attac5 if they aro%e something "hich is not clearly and secifically
stated in the la" or aro%ed (y your +./.R.
Can your +onor hel us once more7
Grateful for your understanding, God (less you and your underta5ings.
2e shall (e ri%ileged if you find time to %isit our orhanage ) the +ome of 9o%e ) and
the Siritual Retreat Center in ,ntiolo City.
$o ans"er the 4uery of Mr. Prioreschi, the Courts cannot grant to foundations li5e the
Good Sheherd !oundation, Inc. the same e*emtion from ayment of legal fees
granted to indigent litigants e%en if the foundations are "or5ing for indigent and
underri%ileged eole.
$he (asis for the e*emtion from legal and filing fees is the free access clause,
em(odied in Sec. &&, ,rt. III of the &96: Constitution, thus#
Sec. &&. !ree access to the courts and 4uasi 3udicial (odies and ade4uate legal
assistance shall not (e denied to any erson (y reason of o%erty.
$he imortance of the right to free access to the courts and 4uasi 3udicial (odies and to
ade4uate legal assistance cannot (e denied. , mo%e to remo%e the ro%ision on free
access from the Constitution on the ground that it "as already co%ered (y the e4ual
rotection clause "as defeated (y the desire to gi%e constitutional stature to such
secific rotection of the oor.
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In imlementation of the right of free access under the Constitution, the Sureme Court
romulgated rules, secifically, Sec. 2&, Rule =, Rules of Court,
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and Sec. &9, Rule
&0&, Rules of Court,
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"hich resecti%ely state thus#
Sec. 2&. Indigent party. )) , arty may (e authori-ed to litigate his action, claim or
defense as an indigent if the court, uon an ex parte alication and hearing, is
satisfied that the arty is one "ho has no money or roerty sufficient and a%aila(le for
food, shelter and (asic necessities for himself and his family.
Such authority shall include an e*emtion from ayment of doc5et and other la"ful
fees, and of transcrits of stenograhic notes "hich the court may order to (e furnished
him. $he amount of the doc5et and other la"ful fees "hich the indigent "as e*emted
from aying shall (e a lien on any 3udgment rendered in the case fa%ora(le to the
indigent, unless the court other"ise ro%ides.
,ny ad%erse arty may contest the grant of such authority at any time (efore 3udgment
is rendered (y the trial court. If the court should determine after hearing that the arty
declared as an indigent is in fact a erson "ith sufficient income or roerty, the roer
doc5et and other la"ful fees shall (e assessed and collected (y the cler5 of court. If
ayment is not made "ithin the time fi*ed (y the court, e*ecution shall issue for the
ayment thereof, "ithout re3udice to such other sanctions as the court may imose.
>22a?
Sec. &9. Indigent litigants exempt from payment of legal fees.) Indigent litigants >a?
"hose gross income and that of their immediate family do not e*ceed an amount
dou(le the monthly minimum "age of an emloyee and >(? "ho do not o"n real
roerty "ith a fair mar5et %alue as stated in the current ta* declaration of more than
three hundred thousand >P=00,000.00? esos shall (e e*emt from ayment of legal
fees.
$he legal fees shall (e a lien on any 3udgment rendered in the case fa%ora(le to the
indigent litigant unless the court other"ise ro%ides.
$o (e entitled to the e*emtion herein ro%ided, the litigant shall e*ecute an affida%it
that he and his immediate family do not earn a gross income a(o%ementioned, and
they do not o"n any real roerty "ith the fair %alue aforementioned, suorted (y an
affida%it of a disinterested erson attesting to the truth of the litigant@s affida%it. $he
current ta* declaration, if any, shall (e attached to the litigant@s affida%it.
,ny falsity in the affida%it of litigant or disinterested erson shall (e sufficient cause to
dismiss the comlaint or action or to stri5e out the leading of that arty, "ithout
re3udice to "hate%er criminal lia(ility may ha%e (een incurred.
$he clear intent and recise language of the afore4uoted ro%isions of the Rules of
Court indicate that only a natural party litigant may (e regarded as an indigent litigant.
$he Good Sheherd !oundation, Inc., (eing a cororation in%ested (y the State "ith a
3uridical ersonality searate and distinct from that of its mem(ers,
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is a 3uridical
erson. ,mong others, it has the o"er to ac4uire and ossess roerty of all 5inds as
"ell as incur o(ligations and (ring ci%il or criminal actions, in conformity "ith the la"s
and regulations of their organi-ation.
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,s a 3uridical erson, therefore, it cannot (e
accorded the e*emtion from legal and filing fees granted to indigent litigants.
$hat the Good Sheherd !oundation, Inc. is "or5ing for indigent and underri%ileged
eole is of no moment. Clearly, the Constitution has e*licitly remised the free
access clause on a erson@s poverty, a condition that only a natural erson can suffer.
$here are other reasons that "arrant the re3ection of the re4uest for e*emtion in fa%or
of a 3uridical erson. !or one, e*tending the e*emtion to a 3uridical erson on the
ground that it "or5s for indigent and underri%ileged eole may (e rone to a(use
>e%en "ith the imosition of rigid documentation re4uirements?, articularly (y
cororations and entities (ent on circum%enting the rule on ayment of the fees. ,lso,
the scrutiny of comliance "ith the documentation re4uirements may ro%e too time)
consuming and "asteful for the courts.
I& '()* o+ t,) +o-)go(&g, the Good Sheherd !oundation, Inc. cannot (e e*tended
the e*emtion from legal and filing fees desite its "or5ing for indigent and
underri%ileged eole.
SO OR#ERE#.
Puno, C.J., Carpio, Corona, Carpio Morales, Chico-a!ario, "elasco, Jr., achura,
#eonardo-$e Castro, %rion, and Peralta, JJ., concur.
&uisum'ing and (nares-Santiago, JJ., on official lea%e.
$el Castillo
))
and *'ad
))
, JJ., no art.
AA
$oo5 no art in the deli(eration.
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Bernas, &96: Philippine Constitution of the Repu'lic of the Philippines+ *
Commentary, &99C 8d., . 00C0, citing the Journal of the &9=' Constitutional
Con%ention &2:')&2::.
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&99: Rules of Civil Procedure.
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,s re%ised, effecti%e ,ugust &C, 2000.
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$he Civil Code ro%ides#
,rt. 00 $he follo"ing are 3uridical ersons#
&? $he State and its olitical su(di%isionsD
2? .ther cororations, institutions and entities for u(lic interest or urose, created (y
la"D their ersonality (egins as soon as they ha%e (een constituted according to la"D
./ Co-0o-1t(o&s, 01-t&)-s,(0s 1&2 1sso3(1t(o&s +o- 0-('1t) (&t)-)st o- 0u-0os)
to *,(3, t,) 41* g-1&ts 1 5u-(2(314 0)-so&14(t6, s)01-1t) 1&2 2(st(&3t +-o7 t,1t
o+ )13, s,1-),o42)-, 01-t&)- o- 7)78)-.
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,rt. 0C, Civil Code.
.SJurist.org

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