REPUBLIC OF THE PHILIPPINES)

Marikina City, Metro Manila) S. S.

AFFIDAVIT OF MERIT
I, ROBERT DE LEON, of legal age, Filipino with residence address at 12 Lake
Street, Virginia Summerville, Mayamot, Antipolo City, after having been duly sworn
to in accordance with law, do hereby depose and say that:

1. I am filing a Civil Complaint for Sum of Money and Damages with Prayer
for an Ex-Parte Issuance of a Writ of Preliminary Attachment against
Carmelo V. Arive. Copy of said complaint to be filed at the Municipal Trial
Court in Cities of Antipolo City is hereto attached as Annex "A";

2. That on 08 September 2016, Mr. Carmelo V. Arive borrowed from me the

amount of Two Hundred Fifty Thousand Pesos (Php 250,000.00), which
indebtedness is due and payable on 08 March 2017, with an interest at the
rate of five (5%) percent per month, in accordance with the notarized Loan
Agreement with Mortgage duly executed by the defendant on the said date.
Photocopy of said Loan Agreement with Mortgage is attached and marked
as Annex “B” and made as a integral part hereof;

3. That the Mr. Arive has failed and refused and still fails and refuses to pay
the said indebtedness on due date, with corresponding interest thereon to
me, despite repeated requests and demands.

4. That I served several demands to the Mr. Arive, attached is the last demand
letter executed on 22 January 2018 by my legal counsel as Annex “C” and
made as an integral part hereof;

5. That Mr. Arive is guilty of fraud on contracting the debt who represented
himself as a credible contractor and financially capable of paying his
obligation, when in truth and in fact, he is not and the fraudulent scheme
becoming evident when despite demand, he refuses and continue to
refused without justifiable ground his and due and demandable obligation;

6. That moreover, Mr. Arive has removed or disposed of or is about to remove

or dispose of his personal property (2010 Toyota Fortuner with Plate No.
PKI 591 and the collateral of the loan agreement) and his real property
located in 12 Lake Street, Virginia Summerville, Mayamot Antipolo City and
such other properties, with intent to defraud his creditor thereby rendering
nugatory and ineffective whatever money judgment this Honorable Trial
Court may render in the above entitled case;

7. The prayer for the Immediate Ex-Parte Issuance of a Writ of Preliminary

Attachment is being made pursuant to Rule 57, Section 1, Paragraphs (a),
(d) and (f) of the Revised Rules of Court to serve as security for the
satisfaction of any judgment that may be recovered in the civil action;

8. According to Rule 57 of the Revised Rules of Courts, a plaintiff, at the

commencement of an action or at anytime before entry of
judgment, may have the property of the adverse party attached as
security for the satisfaction of any judgment in an action against a
party who has been guilty of fraud in contracting the debt or
incurring the obligation upon which the action is brought, or in the
performance thereof.
 9. Collectively, the actions of Mr. Arive revealed that he has no intention
whatsoever to comply with his obligations to me. These are clear badges of
gross and evident bad faith. The Mr. Arive’s gross and evident bad faith in
refusing to satisfy their obligation to my plain, valid and demandable claim
entitles our company damages, attorney's fees and litigation and court cost
(Civil Code, Article 2208);

10.I am willing and ready to post a bond in the most reasonable amount the
Honorable Trial Court may fix in case it issues an order granting the
application for the ex-parte issuance of a writ of preliminary attachment
against the properties of the defendant, conditioned that he will pay all the
costs that may be adjudged to the Defendant, and all damages that he may
sustain by reason of attachment, if the Honorable Trial Court should finally
adjudge that i am are not entitled thereto; and

11.I am executing this affidavit to attest to the truthfulness of the foregoing

and to serve compliance with the required Affidavit of Merit pursuant to
Rule 57 of the Rules of Court.

IN WITNESS WHEREOF, I have hereunto set my hands this day of 12th day
February 2018 2015 at Marikina City.

ROBERT DE LEON
Plaintiff/Affiant

SUBSCRIBED AND SWORN to before me this _____ day of February 2018 in

Marikina City, affiant personally appeared identified by me through his identification
card with No. ________________, issued at_________ ,issued on
____________the same persons, and avowed under the penalty of law of the
truthfulness of all the contents of the document.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial

seal on the date and at the place above stated.

Doc. NO. __
Page NO.__
Book NO. ___
Series of 2018.