A.M. No.

08-11-7-SC RE: REQUEST OF

NATIONAL COMMITTEE ON LEGAL
AID TO EXEMPT LEGAL AID
CLIENTS FROM PAYING FILING,
DOCKET AND OTHER FEES
NOVEMBER 6, 2017

FACTS:

On September 23, 2008 the Misamis Oriental Chapter of the Integrated Bar of the Philippines
(IBP) promulgated Resolution No. 24, series of 2008. The resolution requested the IBP’s
National Committee on Legal Aid (NCLA) 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:

Should indigent litigants be exempted from paying docket fees?

RULING:

YES. 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.