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Re: Request of National Committee On Legal Aid To Exempt Legal Aid Clients From Paying Filing, Docket and Other Fees

The Misamis Oriental Chapter of the Integrated Bar of the Philippines requested that legal aid clients be exempted from filing fees. The issue is whether indigent litigants should be exempted from docket fees. The court ruled yes, that indigent litigants receiving legal aid services will be exempted from docket and other fees in order to guarantee their right of free access to courts under the Constitution. Exempting fees removes a major barrier and advances access to justice for marginalized sectors of society.

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77 views1 page

Re: Request of National Committee On Legal Aid To Exempt Legal Aid Clients From Paying Filing, Docket and Other Fees

The Misamis Oriental Chapter of the Integrated Bar of the Philippines requested that legal aid clients be exempted from filing fees. The issue is whether indigent litigants should be exempted from docket fees. The court ruled yes, that indigent litigants receiving legal aid services will be exempted from docket and other fees in order to guarantee their right of free access to courts under the Constitution. Exempting fees removes a major barrier and advances access to justice for marginalized sectors of society.

Uploaded by

Mark David Dacula
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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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   ( August 28, 2009)

Facts:

The Misamis Oriental Chapter of the Integrated Bar of the Philippines


promulgated Resolution No. 24, series of 2008 on September 23, 2008. Said
resolution requested that the National Committee on Legal Aid of the IBP to
ask for the exemption from the payment of filing, docket and other fees of
clients of the legal aid offices in the various IBP chapters.

Issue:

WON indigent litigants be exempted from paying docket fees.

Ruling:

YES. The indigent litigants will be exempted from paying docket and
other fees. The Constitution guarantees the rights of the poor to free access
to the courts and to adequate legal assistance. The legal aid service
rendered by the NCLA and legal aid offices of IBP chapters nationwide
addresses only the right to adequate legal assistance. Recipients of the
service of the NCLA and legal aid offices of IBP chapters may enjoy free
access to courts by exempting them from the payment of fees assessed in
connection with the filing of a complaint or action in court. With these twin
initiatives, the guarantee of Section 11, Article III of Constitution is advanced
and access to justice is increased by bridging a significant gap and removing
a major roadblock.

The Court recognizes the right of access to justice as the most


important pillar of legal empowerment of the marginalized sectors of our
society. Among others, it has exercised its power to "promulgate rules
concerning the protection and enforcement of constitutional rights"[14] to
open the doors of justice to the underprivileged and to allow them to step
inside the courts to be heard of their plaints. In particular, indigent litigants
are permitted under Section 21, Rule 3 and Section 19, Rule 141 of the Rules
of Court to bring suits in forma pauperis.

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 Court in providing the poor
access to justice. In particular, it renders free legal aid under the supervision
of the NCLA.

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