Poor litigants exempted from docket fees, says DoJ chief

MANILA, Philippines – The Department of Justice (DoJ) ordered all city and provincial prosecutors to follow provisions of Republic Act No. 9406 or An Act Reorganizing and Strengthening the Public Attorney’s Office (PAO), which exempts its clients from the payment of docket and other fees.

In his three-page legal opinion issued on June 10, acting Justice Secretary Alberto Agra affirmed the position of chief public attorney Persida Rueda-Acosta that PAO-assisted litigants should no longer be assessed filing fees by the DoJ.

Acosta sought the justice department’s legal opinion on the extent of exemption granted to poor litigants under R.A. 9406 and a memorandum issued by then Justice Secretary Raul Gonzalez following reports that some prosecutors refuse to exempt them from payment of docket fees.

Agra, in his legal opinion said Section 16-D of R.A. 9406 provides that “clients of PAO shall be exempt from the payment of docket and other fees incidental to instituting an action in court and other quasi-judicial bodies, as an original proceeding or on appeal.”

“Applied to the instant case, not only is the provision of R.A. 9406…clear and categorical enough to require an interpretation. A reading of the provisions of the subject law also undeniably requires that the subject legal provision be considered mandatory,” Agra said.

The Justice chief also said that the law designated PAO as the principal office of the government that would extend free legal services to indigent litigants.

“A contrary interpretation would not only defeat the…purpose for PAO’s existence but would also be opposed to the constitutionally protected rights of a person to ‘free access to the courts and quasi-judicial bodies and adequate legal assistance,” Agra said. –Tetch Torres, INQUIRER.net