G.R. No. 132852 - Martinez vs. People

Petitioner Teofilo Martinez was charged with homicide in Criminal Case No. 5753 before RTC-Branch 4, Butuan City.
On June 23, 1994, during trial, petitioner’s counsel (Atty. Jesus G. Chavez of the PAO) objected to the admissibility of the first prosecution witness’s testimony (alleged child‐privileged) and moved to strike it; the trial court deferred ruling and allowed the testimony to proceed.

On July 21, 1994, the RTC overruled the privilege objection; on August 8, 1994 it denied petitioner’s motion for reconsideration.
Petitioner then filed a petition for certiorari with the Court of Appeals, alleging grave abuse of discretion by the RTC in issuing the above orders.

On August 23, 1994, petitioner filed a Motion to Litigate as Pauper before the CA, supported by his own affidavit and two affidavits of disinterested persons.
On March 21, 1997, the CA denied the pauper motion and ordered payment of ₱420.00 docket fees within five days.
Petitioner’s April 7, 1997 motion for reconsideration was denied on October 8, 1997.
On October 28, 1997, petitioner manifested payment of the docket fees “under protest” via two postal money orders advanced by his counsel.
On November 10, 1997, the CA dismissed the petition for certiorari for failure to pay the required fees.
Petitioner moved for reconsideration; the CA’s January 21, 1998 resolution denied it, citing a ₱150.00 shortfall in the fees remitted.

Whether under the 1964 Revised Rules of Court and the 1997 Rules of Civil Procedure the appellate court may entertain a motion to litigate as pauper.
Whether petitioner complied with the evidentiary and procedural requirements to qualify as a pauper‐litigant.