REPUBLIC OF THE PHILIPPINES)

Manila City ) s.s.

AFFIDAVIT OF MERIT

I, Pedro Y. Juan, of legal age, married, Filipino and resident of Manila City , after

being duly sworn to in accordance with law, hereby depose and state that:

1. I am the Petitioner in the case entitled PEDRO Y. JUAN versus DARCY E. WAN FOR

COLLECTION OF SUM OF MONEY WITH DAMAGES docketed as Civil Case No.

8809 and pending before the Regional Trial Court;

2. I have caused the preparation of the Petition for Relief from Judgment 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. Kikay A. Kiko 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.

April 1, 2016, Manila City, Philippines.

PEDRO Y. JUAN

(Affiant)

REPUBLIC OF THE PHILIPPINES)

DONE: IN THE CITY OF BAGUIO) S.S.

SUBSCRIBED AND SWORN to before me this 2nd day of April 2016 personally

appeared Pedro Y. Juan with her Tax Identification Number 013-087-456-000 issued on

February 19, 2016 at BIR, Baguio City, known to me to be the same person who executed the

foregoing instrument and who acknowledged to me that the same is his free act and voluntary

deed.

WITNESS MY HAND AND SEAL.

 NONITO Q. PASUELO, JR.
Notary Public
Suite 007, 2nd Floor, Pasuelo Tower
MEGAWORLD, Iloilo City
Roll No. 66199
IBP No. 011 Lifetime
PTR No. 70 - 1/2/16 Iloilo
MCLE Compliance IV No. 001234
Issued on January 12, 2015

Doc. No.___;
Page No.___ ;
Book No. ____;
Series of 2016.