REPUBLIC OF THE PHILIPPINES)

CITY OF LIPA ) ss.

AFFIDAVIT OF MERIT

I, __Lily Cruz___, of legal age, Filipino and resident of __123

Ilang-Ilang, Sampaguita, Lipa City, Batangas_, after being duly sworn
to in accordance with law, hereby depose and state that:

1. I am the Petitioner in the case entitled _Lily Cruz vs Julio Ardiente

for Collection of Sum of Money with Damages__ docketed as Civil
Case No.__8888__ 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 decision 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 that on the date set for the hearing, my counsel, Atty.
Diego Torillo and I, while on our way to attend the hearing of the said
case, were involved in an accident where a bus bumped our car
causing us both serious physical injuries where we were admitted to
the hospital;

6. 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;

7. 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.

February 5, 2023, Lipa City

Lily Cruz
__Lily Cruz __
AFFIANT

SUBSCRIBED AND SWORN to before me this _5th day of _February

2023__ at City of Lipa, Province of Batangas, Philippines, affiant
having exhibited to me her Competent Evidence of Identity by way of
her Driver’s License bearing No. 143-44 issued at Lipa City, Batangas
on July 25, 2022

Notary Public

Doc. No. __113__;

Page No. __15___;
Book No. ___1___;
Series of __2023_.