Republic of the Philippines )

City of Manila ) S.S.

AFFIDAVIT OF MERIT

I, CAL Gallardo, of legal age and a resident of 35-A Legaspi St, Brgy Phil-Am, Quezon City, under
oath declare that:

1. I am the petitioner in the case entitled CAL Gallardo v GR Coronado docketed as Civil Case no
1234 and pending before the Regional Trial Court;
2. I have caused the preparation of the “motion for new trial” 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 based on my personal knowledge and belief;
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 JBL, was admitted in the Philippine Heart Center for an emergency
operation due to heart failure;
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/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 judgement has been
rendered by a court without affording me a chance to present my evidence.

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 New Trial” 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 to
issue a new one reinstating the instant case.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 4th of June, 2020 in Quezon City.

CAL GALLARDO
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, in Quezon City, this 4th of June 2020, the affiant
exhibiting to me his Driver’s License issued by the Land Transportation Office at Quezon City on 10th
of July 2018.

ATTY JUAN DELA CRUZ

Notary Public for Quezon City
45 Baguio St, Brgy Phil-Am, Quezon City
 Appointment no 123, Until December 31, 2020
IBP no 12345; 1/1/2020- Quezon City
PTR. No. 12345; 1/1/2020- Quezon City
Roll No. 12345; 1/1/2020
MCLE No. I- 001234; 6/18/2019
MCLE No. I- 001234; 7/25/2019
Serial No. of Commission Q-123

Doc No. 123;

Page No. 123;
Book No. 123;
Series of 2020.