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I, ___________, 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 Petitioner in the case entitled ___________docketed as
Civil/ Criminal Case No._______ and pending before the Regional Trial

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. _____ 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.

August 1, 2011, Makati City