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Affidavit of Merit

Rhea Olaivar filed an affidavit in support of a motion for reconsideration of a case that was dismissed for failure to prosecute. In the affidavit, Olaivar explains that the case was dismissed without her having the chance to present evidence due to her lawyer Atty. Decolongon undergoing an emergency operation and his partners being unable to handle her case due to their workload. Olaivar attests that these circumstances leading to the dismissal constitute excusable negligence and impair her rights, and she executes the affidavit to support the grounds in her motion for reconsideration so the order can be reconsidered and set aside.

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James Decolongon
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291 views2 pages

Affidavit of Merit

Rhea Olaivar filed an affidavit in support of a motion for reconsideration of a case that was dismissed for failure to prosecute. In the affidavit, Olaivar explains that the case was dismissed without her having the chance to present evidence due to her lawyer Atty. Decolongon undergoing an emergency operation and his partners being unable to handle her case due to their workload. Olaivar attests that these circumstances leading to the dismissal constitute excusable negligence and impair her rights, and she executes the affidavit to support the grounds in her motion for reconsideration so the order can be reconsidered and set aside.

Uploaded by

James Decolongon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES]

PROVINCE OF DAVAO DEL SUR]


CITY OF DIGOS ] S.S.

AFFIDAVIT OF MERIT

I, RHEA OLAIVAR, of legal age, Filipino and resident


of House No. 1996, S.D.A Road Digos City, after being
duly sworn to in accordance with law, hereby depose and
state that:

1. I am the Petitioner in the case entitled Dela Curz vs.


Olaivar docketed as Civil Case No.12345 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. Decolongon 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.

January 9, 2017, DigosCity

RHEA OLAIVAR
(Affiant)

SUBSCRIBED AND SWORN to before me, in the City


of Digos, this 9th day of January, 2017 by affiant with Tax
Identification No. 808-467-832.

JAMES L. DECOLONGON
Notary Public
Doc No. ____ Until December 31, 2017
Page No. ____ Roll No.: 82714
Book No. ____ IBP No. 631820, January 6, 2014, Digos
City
Series of 2017 PTR No.080324 January 6, 2014 Digos
City TIN: 290-937-407 January
6, 2010 Digos City

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