j= Maun ene it oe — Republic ofthe Philipines 11* Judicial Region REGIONAL TRIAL COURT BRANCH 22 General Santos City IN THE MATTER FOR — CIVILCASE NO. PETITION FOR SUPPORT th APPLICATION FOR SUPPORT PENDENTE LITE, ELL RHIAN AQUINO BAGUIO and RHIANA FAITH AQUINO BAGUIO represented by their mother, MARYAN FITO AQUINO, Petitioner, ELMER PEHUGOT BAGUIO, Defendant. |GATE AS A PAUPER LITIGANT URGENT MOTION TO LI COMES NOW, movant MARYAN FITO AQUINO, assisted by the undersigned counsel and unto this Honorable Court, most respectfully manifests, to wit ‘That movant filed a Petition for Support with Application for Support Pindente Lite against ELMER PEHUGOT BAGUIO who the father of her children; Ell Rhian Aquino Baguio and Rhiana Feith Aquino Baguio; ‘That movant however cannot pay the amount of docket fee for the Petition for Support with Application for Support Pindente Lite as she has Tow income capacity, and is considered as an indigent. The indigency of herein movant is supported by the Certification of Indigency issued by the City Social Welfare and Development Office ofthis city, and a Certificate of Indigency issued by the Barangay where she resides. A copy of said certifications is attached hereto as Annex “A” for the Certification of Indigency issued by the City Social Welfare and Development Office ofthis City; and Annex “BY for the Certificate of Indigency issued by the Barangay where movant resides; 4a vale Memorandum Circular No. 18 of the Public Attomey’s the Indigency Test, ¢ followi side a ga Provides thatthe following shall be considered 1. Those residing in Metro Manila whose family income does not ‘exceed P 14, 000.00 a month; 2. Those residing in other cities whose family income does not exceed P 13, 000.00 a month; 3. Those residing in all other places whose family income does not exceed P 12, 000.00 a month ‘That the term “family income” shall be understood to refer to the ‘gross income of the prospective client and that of his or her spouse, if any ‘but shall not inelude the income of the other members of the family; ‘That the ownership of a land does not disqualify a client, if he passes said income test or if he does not have any income (Enaje vs. CA}: ‘That as proof of the family income and the corresponding indigency of the client, he must submit first any of the Following: 1. Latest Income Tax Returns; or 2. Cemtficate of Indigency issued by the Department of Social Welfare and Development (DSWD) having jurisdiction ‘over the place of residence ofthe client; or 3. Certificate of Indigency issued by the Barangay ‘Chairman having jurisdietion of the place of residence of the client; ‘That under Republie Act No. 9406, An Act Reorganizing and Strengthening the Publie Attomey's Office (PAO), Amending for the Purpose Pertinent Provisions of Executive Order No. 292, otherwise known as the “Administrative Code of 1987", as Amended, Granting Special Allowance to PAO Officials and Lawyers, and Providing Funds Therefor: “Section 16-D. Exemption from Fees and Costs of the Suit. ~ The clients of the PAO shall exempt from payment of docket fees incidemal 10 instituting an action in court and other quasi judicial bodies, as an original proceeding or on appeal; weMaan Lag get owe map oe aD Pedal That costs of the suit, attomey’s fees and contin i aon went fees imposed ‘upon the adversary of the PAO clients after a successful tigation shall be ‘deposited in the National Treasury as trust fund and shall be disbursed for special allowances of authorized officials and lawyers of PAO; ‘That Rule 3, Section 21 of the Revised Rules of Court of the Philippines, to wit Section 21. Indigent Party. - A party may be authorized to litigate his action, claim or defense as an indigent if the cour, upon ex parte application and hearing, is satisfied that the party is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family. Such authority shall include an exemption from payment of docket and other lawl fes, and of transcript of stenographic notes which the court may order to be furnished him. The amount of the docket and other lawful fees which the indigent was exempted from paying shall be a lien om any judgment rendered in the ease favorable to the indigent, unless the court otherwise provides. ~~ WHEREFORE, PREMISES CONSIDERED, in the interest of justice and humanitarian consideration, itis respectfully prayed unto this Honorable Court, after due notice and hearing, that movant MARYAN FITO AQUINO be allowed to litigate as an INDIGENT LITIGANT. Movant prays for such other reliefs which are just and equitable in the premises. 28 October 2020. Lagao, General Santos City, Philippines. RESPECTFULLY SUBMITTED: MCLE Comp. No. VI-0012398 valid until 14 April 2022(| Vd ip ia Dave mene Republic ofthe Philippines ) City of General Santos) $.S. 1, MARYAN FITO AQUINO, of lezal age, Filipino, single, with residence at Door No. 8, Aceberos, Desiderio Apartment, Jerusalem St. Oringo Subdivision, City Heights, General Santos City, Philippines, after hhaving been duly swom to in accordance with law do hereby depose and say, to wit that: | am the mother and legal representative of minors ELL. RHIAN AQUINO BAGUIO and RHIANA FAITH AQUINO BAGUIO: petitioners in the above-captioned case, and I have caused the preparation of the foregoing petition 1 have read and understood its contents and that the ellegations there are trve and corect tothe best of my knowledge and based on authentic documents and evidence. This petition is not filed to harass, cause unnecessary dele or needlessly increase the cost of tigation; and | hereby certify that I have not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial ‘agency and to the best of my knowledge, no such other action or claim is pending therein; If there is such other pending action or claim, a complete statement of the present status thereof and IT should thereafter leam that the same or similar action o claim has ben filed or is pending, I shall report that fact within five (5) days therefrom to the court wherein my aforesaid complaint or initiatory pleading has been filed ITNESS WHEREOF, we have hereunto set my hand this IN OCT 2 @ 214) at Lagao, General Santos City, Phil MARYAN FPIQ/AQUINO Petitiones ive Driver's License L04-18-011390 SUBSCRIBED AND SWORN to before me this [CI 2.6 jy _at Lagno, General Santos City, Philippines. 1 hereby cenify that T have personally examined the affiant and I am satisfied that she voluntarily ‘executed this Petition and understood the same. PoteetRepubli of the Philippines CITY SOCIAL WELFARE AND DEVELOPMENT OFFICE General Santos City a a howe “4! WOMEN WELFARE SECTOR GU INDIGENT ASSESSMENT FORM Reno Comme: MARYAN FTTO AQUINO Sex Female Dae of Bit May 09.1982 es: Orngo Subdivision, Barangay Ciy Heiglin OSC Age 33 Pace of Birth General Santos iy ‘Castomer's Data Sheet Teaal No Dependent 5 Problem Presented: ‘Assesment Evaluation: The cet came 10 our office secking for legal assistance to fle formal complain foe child. support ins ber lve partner, MI ELMER PAHUGOT BAGUIO. She expressed need of goverment assistance defend th ease i coun, hence this rer. The client, Maryan had cohabitted 10° Hine Bosio for mene than 4 years and they were Blesed wth Pfr. Based 0 the interview, she expressed that jp unr atandboed by Elmer ast Api 2018 She west (Sumac Calumpang and ncpacd the presence of Ener fra dialogue and she demanded for monthly ci opp Tiey, had an aseeret that Elmer wl Fis spor his 2 chien amoung 10 F000. Tertind Homever, Maran neer rived even on Of Sarthe had bss ared othe 2 le. Mayan is a benim and she i> coming a0 estima monty insane oF PP. 000.00 i eat Fe Pitan hous in Barangay City Heights Fr 6, 0000 per month ewan is ® 900.00 whi inset to sts tit basi ily tse res especialy Foret oe anal needs mach oor W hie & PNSE tanger todefend he carein cout waco member per day is ‘Co Subsistence Level of wll Capital income per 780 wich in clsiied ig Tntmer' Tndigeney Clafiation Modifiers used on the assessment and evasion condited ty the anizvgned, client eee or eal asisance ff Pubic Aen fcr ) DSarvnal Leet Ye Sabidene Level apolar source of face nse Retin tenet Ope re MARK RAYMOND P. BURLADO.RSW a Manson Str of SWDO Works) Thy cone oie rman wae x Nate: ease ecu potocopy ofthis Document before to sit at Public Attorney's OMe. ol |MAGANTE, RSW ik oa ofp eS MARVAN-E (cre Name and Sit of Cte) UENOa HANES BY REPUBLIC oF ru Piuirmnzs SARANGAY GY Here GENERAL sanTos GY Tate trraner Right Serece and Management OFFICE OF THE PUNONG BARANGAY CERTIFICATION 10 WHOM IT MAY CONCER! ‘This is to certify that MARYAN F. AQUINO, legal age, single and residents of Oringo Subdivision, Barangay City Heights, General Santos City. This isto certify further that the above-named person belongs to temily Win Low Income, generating an income of approximate Thirty Six Thousand Pesos (P 36,000.00) annually. ‘This certification is issued upon the request ofthe above named person, purposely for PAO REQUIREMENT. Done this O64 day of August 2020, Barangay City Heights, General Santos City RITCHIE S.MATUTINA Penong Barn ‘bythe auth ef Punor Barangay REYNALD 8. MATUTINA aranday Regard come Sat