Affidavit of Low Income Fee

Below is a comprehensive discussion on the “Affidavit of Low Income Fee” (often referred to as an “Affidavit of Indigency” or “Affidavit to Litigate as a Pauper”) in the Philippine legal context. This topic pertains to individuals who seek relief from certain government fees—often docket fees or other court-related charges—by declaring that they have little or no income. While no single law is titled “Affidavit of Low Income Fee,” the practice is governed primarily by the Rules of Court, Supreme Court issuances, and various guidelines that empower the courts or government agencies to waive or reduce certain fees for indigent or low-income persons.

1. Terminology and Purpose

  1. Affidavit of Indigency / Affidavit of Low Income:

    • A sworn statement by a person declaring that they are indigent or possess low income.
    • Its main purpose is typically to enable the affiant to obtain fee exemptions or reductions (e.g., court filing fees or other legal fees).

  2. Pauper Litigant Status:

    • Under the Rules of Court, an individual who is recognized by the court as an “indigent litigant” or “pauper litigant” may file cases or pleadings in court without paying docket and other lawful fees upfront.
    • This recognition is often secured through the Affidavit of Indigency or a motion to be recognized as a pauper litigant.

  3. Legal Basis:

    • The Supreme Court has issued rules and guidelines across different administrative circulars and in the Rules of Court (e.g., Rule 141 and related provisions) that allow qualified indigent persons to litigate or file documents at a reduced cost or free of charge.
    • Amendments to the Rules of Civil Procedure in 2019 continued and clarified these provisions regarding indigent litigants.

2. Who Qualifies as an Indigent or Low Income Individual?

In the Philippine context, the guidelines for determining “indigent” or “low income” status come from two main sources:

  1. Supreme Court Guidelines (Rules of Court, Rule 3, Section 21 and Rule 141, Section 18):

    • Generally, a person whose gross income and that of immediate family members do not exceed a certain threshold may qualify as an indigent litigant.
    • The threshold often changes over time and may be subject to specific circulars.
    • The person must prove that they do not have real property, or if they have any, the total value does not exceed a certain amount (also periodically set or updated).

  2. Local Government / Barangay Certifications:

    • Courts may require proof in addition to one’s affidavit, such as a barangay certificate of indigency, a certificate from the municipal or city social welfare office, or other credible evidence that the litigant truly falls below the income threshold.

  3. Other Agencies or Contexts (e.g., DOJ, Public Attorney’s Office):

    • For legal assistance, the Public Attorney’s Office (PAO) uses its own guidelines to determine eligibility for free legal representation. These guidelines also revolve around low family income and lack of sufficient assets.
    • While not identical, the concept and qualifications generally mirror the Supreme Court’s threshold.

3. Content of an Affidavit of Indigency (Affidavit of Low Income)

A typical Affidavit of Indigency or “Affidavit of Low Income Fee” includes:

  1. Affiant’s Personal Information:

    • Full name, age, address, and civil status.
    • Employment details, if any, and average monthly income.

  2. Statement of Assets, Liabilities, and Sources of Income:

    • A clear disclosure of any existing real or personal properties.
    • A statement that total assets, whether individually owned or jointly owned, do not exceed the threshold for indigency.
    • Reference to outstanding debts or liabilities, if necessary to further demonstrate lack of disposable income.

  3. Declaration of Family’s Income (if applicable):

    • An indication of the income of immediate family members living with the affiant (e.g., spouse, working-age children) to show that the combined family income remains under the qualifying threshold.

  4. Purpose:

    • A statement that the affidavit is being executed to request an exemption, reduction, or waiver of certain fees.
    • Affirmation under oath that the information provided is true and correct and that the affiant understands the legal consequences of perjury.

  5. Notarization / Certification:

    • The affidavit must be signed in front of a notary public (or in certain cases, an authorized officer if the individual cannot afford notarial fees).
    • The affiant is placed under oath, making any willful misrepresentation subject to penalties for perjury.

4. Procedure for Filing or Using the Affidavit in Court

  1. Execution of the Affidavit:

    • The individual drafts the affidavit, ensuring all relevant details about their income and assets are truthful and accurate.
    • If possible, the affiant obtains a certification of indigency from the barangay or city/municipal social welfare office. This certification, while not strictly mandated in all courts, strongly supports the indigent claim.

  2. Filing in Court:

    • The affidavit is attached to the initiatory pleading (e.g., Complaint or Petition) or the relevant motion (e.g., Motion to Litigate as a Pauper Litigant).
    • Depending on local court practice, the court may require supporting documents (payslips, certificates of indigency, etc.).

  3. Court Evaluation:

    • The judge will evaluate the affidavit and any accompanying evidence.
    • If the court is satisfied that the affiant truly cannot afford the fees, it will issue an order recognizing the affiant as an indigent litigant (or pauper litigant).
    • Once recognized, the litigant is exempt from paying docket fees or may have them deferred until after judgment.

  4. Effect if the Court Grants Indigent Status:

    • The litigant may proceed without paying filing fees or other related court fees.
    • In criminal cases (if the accused is indigent), the court may coordinate with the Public Attorney’s Office for legal representation if the individual does not yet have counsel.

  5. Potential Revocation:

    • If at any point the court determines that the affiant misrepresented or has sufficient income to pay fees, the order can be revoked.
    • The litigant then must pay all fees that were previously waived, and can also face legal sanctions for misrepresentation.

5. Key Legal References

  1. Rules of Court (Relevant Provisions in Rule 3 and Rule 141):

    • Provide the basis for filing cases as pauper litigants and criteria for indigency.
    • Specify procedures and thresholds, subject to change by Supreme Court circulars.

  2. Supreme Court Circulars and Administrative Matters:

    • The Supreme Court periodically adjusts the applicable thresholds for indigent status and issues guidelines for court personnel to follow in assessing affidavits of indigency.

  3. Other Relevant Laws / Regulations:

    • Administrative guidelines for the Public Attorney’s Office (PAO) or local government certifications can inform the court’s determination.
    • The Family Code or other civil statutes may intersect if the affiant is seeking child support, annulment, or other civil actions where indigent status can waive filing fees.

6. Common Scenarios Where an Affidavit of Indigency May Be Used

  1. Civil Cases (e.g., Collection Suit, Ejectment, Annulment):

    • An indigent plaintiff can file without paying the standard filing fees immediately, ensuring access to justice even if lacking financial resources.

  2. Criminal Cases:

    • Accused persons with no means to hire a private lawyer or post bail (where feasible) can file affidavits of indigency to be assigned a counsel de officio or PAO lawyer and potentially reduce or waive bail-related fees (though bail bonds themselves involve separate processes).

  3. Administrative Proceedings:

    • Some administrative agencies or quasi-judicial bodies recognize indigent litigants and reduce filing fees accordingly.

  4. Land Disputes or Labor Disputes:

    • Farmers, landless workers, or similarly situated individuals who meet the indigency threshold can submit affidavits for docket fee waiver before certain quasi-judicial bodies like the National Labor Relations Commission (NLRC) or the Department of Agrarian Reform Adjudication Board (DARAB), if permitted by their rules.

7. Tips, Best Practices, and Reminders

  1. Accuracy and Truthfulness:

    • Be meticulous when stating incomes, assets, and other details.
    • Misrepresentation can result in perjury charges and revocation of waived fees.

  2. Securing Supporting Documents:

    • Although not always strictly required, supplemental documents (e.g., Barangay Certificate of Indigency, Certificate from local social welfare office, payroll slips, or tax declarations) strengthen the affidavit and speed up court recognition.

  3. Consult a Lawyer or PAO (Public Attorney’s Office) if in Doubt:

    • If uncertain about the format, content, or filing process, individuals should seek counsel.
    • PAO lawyers provide free legal services to qualified indigent litigants.

  4. Understand the Scope of the Waiver:

    • An indigent litigant is usually exempt from paying docket or filing fees, sheriff’s fees, or similar charges, but may still be liable for other costs at the end of litigation if so ordered by the court (e.g., damages awarded against the indigent litigant).
    • The exemption also typically applies only to those fees directly related to the court proceeding in question.

  5. Possible Court Inquiry or Hearing:

    • Courts sometimes require a brief hearing or direct questions to the applicant regarding income and assets. Always be prepared to substantiate the affidavit’s claims.

  6. Validity and Duration:

    • Once granted, pauper litigant status generally lasts throughout the case’s duration, unless the person’s financial situation changes significantly or the court discovers misrepresentation.

8. Conclusion

In the Philippine legal system, the “Affidavit of Low Income Fee” (or Affidavit of Indigency) is a crucial instrument for individuals who lack the financial resources to pay legal fees. By executing a truthful affidavit and submitting necessary documentation, a person can request the court’s recognition as an indigent litigant, granting them vital access to justice without prohibitive financial barriers. However, absolute honesty and adherence to procedural requirements are critical, as courts take indigency affidavits seriously and can penalize misuse.

Disclaimer: This write-up provides general information. Rules and requirements may vary per court or administrative body, and amounts/thresholds are subject to periodic revision by the Supreme Court. It is advisable to consult an attorney or the Public Attorney’s Office for guidance specific to your situation.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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