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.

ATTY. LEI TAN

Kundiman St., Sampaloc, Manila City
Notary Public for the City of Manila
My commission expires on December 31, 2016
PTR No. 99909; 01/04/2016; Manila City
IBP OR No: 6928864; 01/04/2016; Manila City
Roll No.: 91319; 04/08/2015
MCLE Compliance No. IV-0008758/10-18-12

Doc. No. 231;

Page No. 49 ;
Book No. XX;
Series of 2016.