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.

April 1, 2017, Makati City

___________________
(Affiant)

SUBSCRIBED AND SWORN to before me this __ day of

_________ 20_ at ________ affiant exhibiting me his ________.

Atty. Phoenix B. Hortinela

Notary Public for and in the City and
Province of Iloilo
Commission No. 33
Expires on December 31,2017
Hortinela Law Office, Jaro, Iloilo City
IBP No. 123456 , 1/13/17, Iloilo City
PTR No.123456, 2/12/17, Iloilo City
Roll of Atty No.33333
MCLE Comp.No.IV-001, 1/12/17

Doc. No.:_____;
Page No.:_____;
Book No.:_____;
Series of 2017