When to Prove Indigence?

The RTC denied the petitioners‘ motion for leave to litigate as indigents. It was argued that respondent judge did not conduct the proper hearing as prescribed under Section 21, Rule 3 of the Rules of Court. They claimed that private respondents neither submitted evidence nor were they required by respondent judge to submit evidence in support of their motions on the issue of indigency of petitioners.

The Supreme Court ruled that the hearing requirement, contrary to petitioners‘ claim, was complied with during the hearings on the motions to dismiss filed by respondents. In said hearings, petitioners‘ counsel was present and they were given the opportunity to prove their indigency.
Clearly, their non-payment of docket fees is one of the grounds raised by respondents in their motions to dismiss and the hearings on the motions were indeed the perfect opportunity for petitioners to prove that they are entitled to be treated as indigent litigants and thus exempted from the payment of docket fees as initially found by the Executive Judge. (Frias v. Judge Sorongon).