ROSARIO OLIVEROS, ET AL., PETITIONERS, VS. TEODORO OLIVEROS, ET AL., RESPONDENTS.

The instant petition for certiorari and mandamus seeks to annul two orders of the respondent Judge  dated April 27, 1957, which denied two motions of the petitioners, one a motion for  permission to appeal as paupers from the decision rendered in Civil Case No. 3742, Rosario Oliveros, et al. vs. Teodoro  Oliveros, and  the other a motion for permission to attach to the records of said case certain documents which were offered but rejected as evidence. The petitioners attached to their  motion for permission to appeal as paupers and their motion for  reconsideration a certificate of the Register of  Deeds to the  effect that they had no real property  registered in their names, the affidavits of the municipal treasurer of Cadiz, Negros Occidental, of the municipal mayor, and of the petitioners, all reciting that the latter are paupers and unable  to pay the expenses for prosecuting the appeal.

In the absence of a showing to the contrary, the evidence submitted by the petitioners in support of their right  to appeal as paupers should have  been given weight.  As correctly stated by the petitioners, the conclusion appearing in  the order of denial that “el hecho de  que una persona no tenga registrada  ninguna  propiedad  en los archivos del  Registro de  Propiedad  no implica pobreza ni indigencia”,  is a mere hypothesis.  It  cannot prevail over the affidavits evidencing the  fact that  the petitioners are paupers.  The  constitutional  provision  that “free access to  the courts  shall not be denied to  any person by reason  of  poverty” requires in our opinion  a spirit  of liberality  in the  matter  of petitions  to  sue  in  forma pauperis.

With respect to the order of disallowing the incorporation in  the  records of  certain  documents which were offered  in evidence but denied admission, we rule that the respondent Judge abused his discretion.   It has become elementary that trial courts  should permit  all exhibits presented by parties litigant to be attached to  the records, not admitted, so that, in case of  appeal, the appellate court may  be  able to  examine  the  same  and determine the propriety of their rejection.

Wherefore, the orders complained of are set aside and the respondent Judge directed to allow the petitioner to appeal as paupers in Civil Case No, 3742 and to attach to the records  thereof the  exhibits mentioned  in  their motion dated April 23, 1957.  So  ordered.

Bengzon, Padilla, Montemayor, Bautista Angelo, Labrador, Endencia,  Barrera,  and  Gutierrez  David,  JJ. concur.