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    Affidavit of Merit Sample

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    Eduard Angelo Rodriguera
    1. Pedro Y. Juan filed a petition for relief from a judgment in Civil Case No. 8809 pending before the Regional Trial Court. 2. The Regional Trial Court dismissed the case for failure to prosecute for an unreasonable length of time. 3. Pedro Y. Juan's counsel was admitted to the hospital for an emergency operation and unable to handle the case, while the counsel's partners had heavy workloads. 4. Pedro Y. Juan claims these circumstances led to the dismissal constitute excusable negligence and impaired his rights, and he filed this affidavit to support reconsideration of the order to dismiss and reinstate the case.

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    Affidavit of Merit Sample

    Uploaded by

    Eduard Angelo Rodriguera
    5K views2 pages
    1. Pedro Y. Juan filed a petition for relief from a judgment in Civil Case No. 8809 pending before the Regional Trial Court. 2. The Regional Trial Court dismissed the case for failure to prosecute for an unreasonable length of time. 3. Pedro Y. Juan's counsel was admitted to the hospital for an emergency operation and unable to handle the case, while the counsel's partners had heavy workloads. 4. Pedro Y. Juan claims these circumstances led to the dismissal constitute excusable negligence and impaired his rights, and he filed this affidavit to support reconsideration of the order to dismiss and reinstate the case.

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    Affidavit of Merit

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    1. Pedro Y. Juan filed a petition for relief from a judgment in Civil Case No. 8809 pending before the Regional Trial Court. 2. The Regional Trial Court dismissed the case for failure to prosecute for an unreasonable length of time. 3. Pedro Y. Juan's counsel was admitted to the hospital for an emergency operation and unable to handle the case, while the counsel's partners had heavy workloads. 4. Pedro Y. Juan claims these circumstances led to the dismissal constitute excusable negligence and impaired his rights, and he filed this affidavit to support reconsideration of the order to dismiss and reinstate the case.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    5K views2 pages

    Affidavit of Merit Sample

    Uploaded by

    Eduard Angelo Rodriguera
    1. Pedro Y. Juan filed a petition for relief from a judgment in Civil Case No. 8809 pending before the Regional Trial Court. 2. The Regional Trial Court dismissed the case for failure to prosecute for an unreasonable length of time. 3. Pedro Y. Juan's counsel was admitted to the hospital for an emergency operation and unable to handle the case, while the counsel's partners had heavy workloads. 4. Pedro Y. Juan claims these circumstances led to the dismissal constitute excusable negligence and impaired his rights, and he filed this affidavit to support reconsideration of the order to dismiss and reinstate the case.

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    REPUBLIC OF THE PHILIPPINES)

    Manila City ) s.s.

    AFFIDAVIT OF MERIT

    I, Pedro Y. Juan, of legal age, married, Filipino and resident of


    Manila City , after being duly sworn to in accordance with law, hereby
    depose and state that:

    1. I am the Petitioner in the case entitled PEDRO Y. JUAN versus


    DARCY E. WAN FOR COLLECTION OF SUM OF MONEY WITH
    DAMAGES docketed as Civil Case No. 8809 and pending before the
    Regional Trial Court;

    2. I have caused the preparation of the “Petition for Relief from Judgment”
    to which this affidavit is attached;

    3. I have read the allegations contained therein and I hereby state that the
    same is true and correct of my personal knowledge and based on authentic
    records;

    4. I have received a copy of the resolution of the Regional Trial Court


    dismissing my petition for failure to prosecute for an unreasonable length
    of time;

    5. The reason for my failure to proceed with the steps necessary for my case
    was due to the fact that my counsel, Atty. Kikay A. Kiko was admitted in
    the National Kidney Institute for an emergency operation;

    6. The partners of my lawyer were not able to handle my case because of


    their individual work load and hectic schedule;

    7. The foregoing circumstance that led to the dismissal of my petition


    constitute mistake and/or excusable negligence which ordinary prudence
    could not have guarded against and by reason of which I have been
    impaired of my rights, especially because a judgment was rendered by the
    court without affording me the chance to present my evidence;

    8. I voluntarily execute this Affidavit of Merit to attest to the truth of the


    foregoing facts and in order to support the grounds in my “Motion for
    Reconsideration” as it really shows that the same is meritorious and in
    order that the Order or Judgment rendered against me be reconsidered and
    set aside and a new one be issued reinstating the instant case.

    Affiant adds nothing more at this time.

    April 1, 2016, Manila City, Philippines.


    PEDRO Y. JUAN
    (Affiant)
    REPUBLIC OF THE PHILIPPINES)
    DONE: IN THE CITY OF BAGUIO) S.S.

    SUBSCRIBED AND SWORN to before me this 2nd day of April


    2016 personally appeared Pedro Y. Juan with her Tax Identification
    Number 013-087-456-000 issued on February 19, 2016 at BIR, Baguio
    City, known to me to be the same person who executed the foregoing
    instrument and who acknowledged to me that the same is his free act
    and voluntary deed.

    WITNESS MY HAND AND SEAL.

    ATTY. LEI TAN


    Kundiman St., Sampaloc, Manila City
    Notary Public for the City of Manila
    My commission expires on December 31, 2016
    PTR No. 99909; 01/04/2016; Manila City
    IBP OR No: 6928864; 01/04/2016; Manila City
    Roll No.: 91319; 04/08/2015
    MCLE Compliance No. IV-0008758/10-18-12

    Doc. No. 231;


    Page No. 49 ;
    Book No. XX;
    Series of 2016.

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