Legal Aid.docx

REPUBLIC OF THE PHILIPPINES) CITY OF MUNTINLUPA)s.s. AFFIDAVIT OF MERIT I, xxx, of legal age, Filipino and resident of xxx after being suly sworn to in accordance with law hereby depose and state that: 1. I am the Defendant in the case xxxand pending before the Regional Trial Court; 2. I have caused the preparation of the “Motion to Lift Order of Default and Admit Attached Answer” 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 declaring me in default for failure to file an Answer;

5. The reason for my failure to file an Answer was due to the fact that I xxx;

6. I was not accompanied by any counsel when I attended the said hearing for I was not able to secure the assistance of any lawyer and when I came to ask for assistance of Public Attorney’s Office, they informed me that they will not be able to handle the case because of the amount of claim;

7. It was only on xxx when I secured the assistance of my counsel;

8. The foregoing circumstance that led to the order of 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 an Order was rendered by the court which will not afford me the chance to present my evidence;

9. I voluntary 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 Order of Default” as it really shows that the same is meritotious.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ____ day of April 2019 in the City of Muntinlupa, Philippines.

Xxx Affiant

SUBSCRIBED AND SWORN to before me this ___ day of April, 2019 in the City of Muntinlupa, Philippines, affiant exhibited to me her ___________ with number ________.