Case Digest (A.M. No. 09-6-9-SC)
Facts:
In a letter dated May 22, 2009, Mr. Roger C. Prioreschi, administrator of Good Shepherd Foundation, Inc., wrote to the Chief Justice seeking an exemption from legal and filing fees akin to that granted indigent litigants. He explained that while the Foundation serves the poorest of the poor and operates orphanages and a retreat center in Antipolo City, the implementation of OCA Circular No. 42-2005 and Rule 141 of the Rules of Court reserves fee exemptions exclusively for individual indigent persons. Two Executive Judges, approached for relief, declined for lack of clear statutory authority. The Foundation has no prior ruling at the lower court level, as it submitted a direct query to the Supreme Court En Banc. On August 19, 2009, the Supreme Court En Banc resolved this query in A.M. No. 09-6-9-SC.Issues:
- Can a corporation or foundation such as Good Shepherd Foundation, Inc. qualify as an indigent litigant under the Free A
Case Digest (A.M. No. 09-6-9-SC)
Facts:
- Query and Background
- On May 22, 2009, Mr. Roger C. Prioreschi, administrator of the Good Shepherd Foundation, Inc., wrote to the Chief Justice seeking extension of indigent‐litigant fee exemptions to the Foundation.
- The Foundation referenced a prior endorsement to pay a nominal fee of ₱5,000 with the balance to be paid upon collection of ₱10 million, complaining that OCA Circular No. 42‐2005 and Rule 141 restrict fee exemptions to “indigent persons” only.
- Nature and Activities of the Good Shepherd Foundation, Inc.
- Incorporated in 1985, the Foundation aids the “poorest among the poor,” including abandoned babies, destitute children, the elderly who cannot afford prescriptions, and broken families.
- It argued that, by serving indigent and underprivileged Filipinos, it should enjoy the same free‐access privilege granted to indigent individuals under the Constitution and the Rules of Court.
- Judicial Administrators’ Response
- Two Executive Judges declined to grant the exemption for lack of explicit legal authority, fearing accusations of favoritism.
- Mr. Prioreschi sought the Supreme Court’s clarification on whether foundations could be treated as indigent litigants.
Issues:
- Whether a foundation, being a juridical person, may be granted exemption from legal and filing fees under:
- Section 11, Article III, 1987 Constitution (free access clause);
- Section 21, Rule 3, and Section 19, Rule 141, Rules of Court (indigent party/litigant provisions).
- Whether the charitable work of a foundation for indigent persons suffices to qualify it as an “indigent litigant” under existing constitutional and procedural rules.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)