1.

TREASURERS AFFIDAVIT
REPUBLIC OF THE PHILIPPINES)
CITY OF ________________) S.S.
X-----------------------------------X
I, __________________ being duly sworn in accordance with law, hereby depose and state that:

I have been elected by the subscribers of the corporation as Treasurer thereof to act as such until my
successor has been duly elected and qualified in accordance with the by-laws of the corporation, and that as
such Treasurer, I hereby certify under oath that at least 25% of the authorized capital stock of the corporation
has been subscribed and at least 25% of the subscription has been paid, and received by me in cash/property
for the benefit and credit of the corporation.

This is also to authorize the Securities and Exchange Commission and Banko Sentral ng Pilipinas to
examine and verify the deposit in the (Name of Bank-Branch) in my name as treasurer in trust for (Name of
Corporation) in the amount of _______________ (P___________) representing the paid-up capital of
the said corporation which is in the process of incorporation. This authority is valid and inspection of said
deposit may be made even after the Issuance of the Certificate of Incorporation to the corporation. If such
deposit should be transferred to another bank prior to or after incorporation, this will also serve as authority to
verify and examine the account to which said deposit was transferred to. The representatives of the Securities
and Exchange Commission is also authorized to examine the pertinent books and records of accounts of the
corporation as well as all supporting papers to determine the utilization and disbursement of the said paid up
capital
City of ______________, ___ ______, 2013.
Signature
(Treasurers Name)
SUSCRIBED AND SWORN to before me, Notary Public, for and in the City/Municipality of
____________, this ___ day of ___________, 20___ by ________________ with Drivers
License number _____________, issued at _____________ on _____________, 20____.
Notary Public
My commission expires _________
Doc No.
Page No.
Book No.
Series of 20___.

2. FILING AND SERVICE OF PLEADINGS

Sec. 13. Proof of service. Proof of personal service shall consist of a written admission of the party served,
or the official return of the server, or the affidavit of the party serving, containing a full statement of
the date, place and manner of service. If the service is by ordinary mail, proof thereof shall consist of an
affidavit of the person mailing of facts showing compliance with section 7 of this Rule. If service is
made by registered mail, proof shall be made by such affidavit and the registry receipt issued by the
mailing office. The registry return card shall be filed immediately upon its receipt by the sender, or in lieu
thereof the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to
the addressee.

(Affidavit of Service of Copy of Pleading)

Republic of the Philippines)
Province of ____________________)S.S.
City/Municipality of _____________)
x----------x
AFFIDAVIT OF SERVICE
I, _____________, of legal age, (single / married / widow), and a resident of _____________, Philippines,
after having been duly sworn in accordance with law, hereby depose and say:
That I am a Secretary / Legal Aide of the law office of Atty. _____________ with office address at
_____________, Philippines;
That in my aforementioned capacity, I had personally served a copy of the _____________ in the case
entitled "_____________," docketed as _____________ Case no. _____________ (by personal service)
to the office of _____________'s Counsel of Record, ATTY. _____________, with address at
_____________ (by registered mail with return card under Registry Receipt No. _________).
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at _____________,
Philippines
AFFIANT
(JURAT)

3. AFFIDAVITS OF MERIT
RULE 37 New Trial or Reconsiderations
Section 1. Grounds of and period for filing motion for new trial or reconsideration. Within the period for
taking an appeal, the aggrieved party may move the trial court to set aside the judgment or final order and grant
a new trial for one or more of the following causes materially affecting the substantial rights of said party:
(a) Fraud, accident, mistake or excusable negligence which ordinary prudence could not have guarded
against and by reason of which such aggrieved party has probably been impaired in his rights; or
(b) Newly discovered evidence, which he could not, with reasonable diligence, have discovered and
produced at the trial, and which if presented would probably alter the result.
Within the same period, the aggrieved party may also move for reconsideration upon the grounds that the
damages awarded are excessive, that the evidence is insufficient to justify the decision or final order, or that the
decision or final order is contrary to law. (1a)
Section 2. Contents of motion for new trial or reconsideration and notice thereof. The motion shall be
made in writing stating the ground or grounds therefor, a written notice of which shall be served by the movant
on the adverse party.
A motion for new trial shall be proved in the manner provided for proof of motion. A motion for the cause
mentioned in paragraph (a) of the preceding section shall be supported by affidavits of merits
which may be rebutted by affidavits. A motion for the cause mentioned in paragraph (b) shall be
supported by affidavits of the witnesses by whom such evidence is expected to be given, or by
duly authenticated documents which are proposed to be introduced in evidence.
A motion for reconsideration shall point out a specifically the findings or conclusions of the judgment or final
order which are not supported by the evidence or which are contrary to law making express reference to the
testimonial or documentary evidence or to the provisions of law alleged to be contrary to such findings or
conclusions.
A pro forma motion for new trial or reconsideration shall not toll the reglementary period of appeal. (2a)
> Motion for new trial
1. Affidavits setting forth the facts and circumstances alleged to constitute such fraud, accident, mistake,
excusable negligence
2. Affidavits setting forth the particular facts claimed to constitute the movants meritorious cause of action or
defense
> These are not necessary if the granting of the motion for new trial is not discretionary with the court but is
demandable as of a right, as where the movant has been deprived of his day in court through no fault or
negligence on his part because no notice of hearing was furnished him in advance

Rules of Court also require, as in the supplanted law, that an affidavit of merit be attached to support a motion
for new trial based on newly discovered evidence, yet the defect of lack of it in the appellant's motions for
reconsideration or rehearsing had been cured by the testimony under oath of the appellant at the hearing of the
motion for reconsideration on 25 June 1958. (PAREDES VS BORJA G.R. No. L-15559
November 29, 1961)

Legal Forms - Sample Form of Affidavit of Merit

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)
(JURAT)
4. AFFIDAVIT FOR PRELIMINARY ATTACHMENT

(NOTE: First state in the Complaint or Petition the facts showing plaintiffs right to attach
defendantsproperties.)
REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA ) S.S.
AFFIDAVIT
X (name) , of legal age and a resident of the City of Manila, Philippines, after having been duly sworn to in
accordance with law, hereby deposes and says:
That he is the Plaintiff in the above-entitled case;
That there is sufficient cause of action;
That the defendant has removed or disposed of his property, or is about to do so with intent to defraud
his creditor, the herein plaintiff-affiant;
That he is filing a bond in the amount of P_________________;
That the amount claimed in the action is as much as the sum which the order is prayed for above all
legal counterclaims. F
URTHER AFFIANT SAYETH NAUGHT.
_____________________ (Affiant)
JURAT
Sec. 3. Affidavit and bond required. An order of attachment shall be granted only when it appears by the
affidavit of the applicant, or some other person who personally knows the facts, that a sufficient cause of action
exists, that the case is one of those mentioned in section 1 hereof, that there is no other sufficient security for
the claim sought to be enforced by the action, and that the amount due to the applicant, or the value of the
property the possession of which he is entitled to recover, is as much as the sum for which the order is granted
above all legal counterclaims. The affidavit, and the bond required by the next succeeding section, must be duly
filed with the court before the order issues.
K.O. Glass Const. Co., Inc. v. Valenzuela
116 SCRA
Held: In pleading for attachment against a foreigner, allegation must not be merely that defendant is a
foreigner; there must also be a showing that defendant is about to leave the Philippines with intent to defraud
their creditor, or that he is a non-resident alien.
Requisites for issuance of writ of attachment:
1. a sufficient cause of action exists;
2. case is one of those mentioned in Sec 1(a) of Rule 57;
3. there is no other sufficient security for the claim sought to be enforced by the action;
4. the amount due to the applicant for attachment or the value of the property of which he is entitled to recover
is as much as the sum for which the order is granted above all legal counterclaims.

Once defendant files a counter-bond, the writ of attachment should be dissolved.

5. AFFIDAVIT FOR CONDITIONAL EXAMINATION OF THE WITNESS FOR THE ACCUSED
Section 12.
Application for examination of witness for accused before trial. When the accused has been
held to answer for an offense, he may, upon motion with notice to the other parties, have witnesses
conditionally examined in his behalf. The motion shall state: (a) the name and residence of the witness; (b) the
substance of his testimony; and (c) that the witness is sick or infirm as to afford reasonable ground for believing
that he will not be able to attend the trial, or resides more than one hundred (100) kilometers from the place of
trial and has no means to attend the same, or that other similar circumstances exist that would make him
unavailable or prevent him from attending the trial. The motion shall be supported by an affidavit of
the accused and such other evidence as the court may require. (4a)
REPUBLIC OF THE PHILIPPINES]
MALOLOS CITY, BULACAN ]S.S.
6. AFFIDAVIT OF INDIGENCY
I, PLACIDO RICARDO P. DE LEON III, Filipino, of legal age, with residence and postal address at Km.
17 McArthur Highway, Bancal, Meycauyan City, Bulacan, after having been duly sworn to in accordance with
law, depose and states, that:
1.
2.
3.

4.

I am the husband of deceased Imelda S. De Leon;

We belong to the lower strata in life having no sufficient source of income;
My gross income and that of my immediate family do not exceed an amount double the monthly
minimum wage of an employee and that we do no town real property as could be gleaned from the
attached certification from the Assessors Office of Meycauayan City (please see Annex C- Exparte Motion to litigate as Pauper);
Attached thereto also are the Certification of Indigency issued by the Barangay concerned as well as
the Office of the Department of Social Welfare and Development (DSWD); (Please see Annexes A
& B- Ex-parte Motion to litigate as Pauper);

I am executing this affidavit to attest to the truth of the foregoing and for whatever purpose it may serve.
PLACIDO RICARDO P.DE LEON III
Affiant
SUBSCRIBED AND SWORN to before me this 27th day of June 2013 at Malolos City, Bulacan. Affiant
exhibitedto me his Postal ID No. 9842462 valid up to August2013.
ROMEO B. CRUZ, JR.
Notary Public
UNTIL DEC. 31, 2013
PTR NO._____________
Malolos City,_______
Doc. No.____
Book No.____

Page No.____
Series of 2013