Republic of the Philippines)

Province of Agusan del Sur) s.s

AFFIDAVIT OF MERIT

I, FERNANDO R. CURATO II, of legal age, Filipino and resident of Purok 2, Brgy Hubang, San
Francisco, Agusan del Sur, after being sworn to in accordance with law hereby depose and state that:

1. I am the defendant in the case entitle Rosario D. Jimenez vs Fernando Reyes Curato II docketed as
Civil Case No. 7854 for “Damages”;

2. I have caused the preparation of this “ Motion to Lift Order of Default” 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 Pre-trial Brief during the scheduled hearing set last February 3, 2020;

5. That the reason for my failure to file Pre-trial Brief was the misinterpretation om my counsel on the
Notices of the Court;

6. The foregoing circumstance that led to declaration of my 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
without affording me the chance to present my answer and evidences;

7. 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 Order of Default” as it really shows that the same is
meritorious and in order that the Order rendered against me be reconsidered and set aside and
consider my defenses;

Affiant adds nothing more at this time.

March 12, 2020, Prosperidad, Agusan del Sur.

FERNANDO R. CURATO II
Affiant

SUBSCRIBED AND SWORN to before me this March 13, 2020 at Prosperidad, Agusan del Sur,
Philippines
Republic of the Philippines)
Province of Agusan del Sur) s.s

VERIFICATION AND AFFIDAVIT OF SERVICE

I, FERNANDO R. CURATO II, under oath, depose/say that:

I am the Defendant-movant in this case. I caused the preparation, signed and

read the Motion to Lift Order of Default, and all the contents/allegations thereof are
true and correct of my own personal knowledge or based on authentic records.

I certify that on March 13, 2020, I served copies of this pleading with all
annexes in this case “Rosario D. Jimenez vs Fernando Reyes Curato II docketed as
Civil Case No. 7854 for Damages”, by personal service on plaintiff’s counsel Atty.
Jose B. Guibone.

FERNANDO R. CURATO II

SUBSCRIBED AND SWORN to before me this March 13, 2020at Prosperidad, Agusan del Sur,
Philippines