DARYLL GENERYN B.

MIGANO
LEGAL FORMS #5
May 5, 2016

REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA
) s.s.
AFFIDAVIT OF MERIT
I, JOHN DIMAIN, of legal age, Filipino and resident of #28 M. Dela
Fuente St., Sampaloc, Manila, after being duly sworn to in accordance with
law, hereby depose and state that:
1. I am the Petitioner in the case entitled JOHN DIMAIN v. PETER DE
LEON, docketed as Civil Case No. 45621 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. Jaymart Manalili 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.

DARYLL GENERYN B. MIGANO

LEGAL FORMS #5
May 5, 2016

Affiant adds nothing more at this time.

August 1, 2016, City of Manila

JOHN DIMAIN
Affiant

SUBSCRIBED AND SWORN to before me this August ___, 2016;

affiant exhibited to me her SSS I.D. Number __________________ .
Doc. No. ____
Page No. ____
Book No. ____
Series of 2016.

NOTARY PUBLIC