REPUBLIC OF THE PHILIPPINES)

CITY OF MAKATI ) s.s.

AFFIDAVIT OF MERIT
I, ___________, of legal age, Filipino and resident of _______________, after being duly
sworn to in accordance with law, hereby depose and state that:
1. I am the Petitioner in the case entitled ___________docketed as Civil/ Criminal Case
No._______ and pending before the Regional Trial Court;
2. I have caused the preparation of the Motion for Reconsideration 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. _____ 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.
August 1, 2011, Makati City
___________________
(Affiant)