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REPUBLIC OF THE PHILIPPINES)

PROVINCE OF xxxxxxxxxxxxxx ) s.s.

AFFIDAVIT OF MERIT

I, xxxxxxxxxxxxxxxxxxxxxx, 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 Defendant in the case entitled TWEETY TANTAY


CENTENO vs. JOSE MIGUEL PONCE VILLARALVO docketed as
Civil Case No. 5194-17-C and pending before the Regional Trial Court
Branch xxx, Calamba City;

2. I have caused the preparation of the “MOTION TO LIFT/VACATE


ORDER OF DEFAULT AND ADMIT ATTACHED MOTION TO
DISMISS WITH COUNTERCLAIM” 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 order of the Regional Trial Court denying
my earlier Comment and Motion to dismiss with Counterclaim for the
same was filed beyond the reglementary period;

5. The reason for my failure to proceed with the steps necessary to defend
my case was because of my belated receipt of the summons which I only
received on __________;

6. Additionally, I was in the belief that my participation in herein civil


case will not be necessary because the surrounding facts are the same as
that in Criminal Case No. 62310-17 for Reckless imprudence Resulting in
Serious Physical Injuries filed by the Plaintiff at the Municipal Trial Court
in Cities, Branch 3, Calamba City, Laguna entitled, “People of the
Philippines vs. xxxxxxxxxx”;

7. In fact the Criminal Case No. 62310-17 has already been provisionally
dismissed by the Court last 27 February 2018, the dispositive portion of
which reads:
“WHEREFORE, the cases are hereby ordered
PROVISIONALLY DISMISSED with the consent of
the accused.”

Copy of the Court Order dated 27 February 2018 issued by the Municipal
Trial Court in Cities Branch 3, Calamba City, Laguna is hereto attached
and marked as Annex “A”.

8. That the Criminal Case was provisionally dismissed because the


parties therein are still amicably settling the case. Indeed, the parties
therein reached an agreement whereby Defendant xxxxxxxxxx will pay
her the amount of TWO HUNDRED AND TEN THOUSAND PESOS
(PHP 210,000.00), in installment, for actual and moral damages incurred
for Reckless Imprudence Resulting in Serious Physical Injuries by the
Defendant therein.

9. Copy of the Written Agreement dated February 2018 signed by


xxxxxxxxxxxxxxxxxxxxxxxx whereby the latter will pay the former
THIRTY THOUSAND PESOS (PHP 30,000.00) every TWO (2) Months
starting 27 February 2018 is hereto attached and marked as Annex “B”
and copy of the Receipt of payment made issued to Plaintiff Tweety
Centeno by Defendant Charisse Raymundo is hereto attached and
marked as Annex “C”.

10 The foregoing circumstance that led to the order of the Honorable


Court declaring me in default, 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 might be rendered without affording me
the chance to present my evidence and/or to cause the dismissal of the
same;

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 TO
LIFT/VACATE ORDER OF DEFAULT AND ADMIT ATTACHED
MOTION TO DISMISS WITH COUNTERCLAIM” as it really shows that
the same is meritorious and in order that the Order declaring me in
default be set aside and that the present civil case be finally dismissed;
Affiant adds nothing more at this time.

____ July 2018, xxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxxxxxxxx
Affiant

IN WITNESS WHEREOF, I have hereunto set my signature this 7th


day of May 2018 in the City of Calamba, Laguna. Affiant personally
appeared before me in my presence.

Doc. No.;
Page No. ;
Book No. ;
Series of 2018.

Cc:

xxxxxxxxxxxxxxxx
Counsel for Plaintiff

EXPLANATION

A copy of this pleading is served via registered mail, instead of via


person service, on the adverse counsel due to the distance of his law office
address and the lack of field staff of undersigned counsel at this time.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Defendant