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Affidavit of Merit

Merlyn U. Gutierrez filed an affidavit in support of a motion for reconsideration in her civil case against John Y. Depp. She states that her previous counsel, Atty. Rodrigo R. Go, had to be admitted to the Philippine Heart Center for an emergency operation, which caused her failure to prosecute her case and its dismissal. She asserts this constitutes excusable negligence beyond her control. She affirms the facts in her motion are true and executes the affidavit to support having the dismissal order reconsidered so her case may be reinstated.

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138 views2 pages

Affidavit of Merit

Merlyn U. Gutierrez filed an affidavit in support of a motion for reconsideration in her civil case against John Y. Depp. She states that her previous counsel, Atty. Rodrigo R. Go, had to be admitted to the Philippine Heart Center for an emergency operation, which caused her failure to prosecute her case and its dismissal. She asserts this constitutes excusable negligence beyond her control. She affirms the facts in her motion are true and executes the affidavit to support having the dismissal order reconsidered so her case may be reinstated.

Uploaded by

merlyn gutierrez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES )

CALAPAN CITY ) S.S.

AFFIDAVIT OF MERIT

I, MERLYN U. GUTIERREZ, of legal age, Filipino and resident of Neo


Calapan, Calapan City, Oriental Mindoro, after being duly sworn to in accordance
with law, hereby depose and state that:

1. I am the Petitioner in the case entitled MERLYN U. GUTIERREZ versus


JOHN Y. DEPP docketed as Civil Case No.143341 and pending before the
Regional Trial Court Branch 40-Calapan City;

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. Rodrigo R. Go was admitted in
the Philippine Heart Center for an emergency operation;

6. 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;

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 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.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 6 th


day of February 2020 in Calapan City, Oriental Mindoro, Philippines.

MERLYN U. GUTIERREZ
Affiant
SUBSCRIBED AND SWORN to before me this 6th day of February 2020
in Calapan City, Oriental Mindoro, Philippines, affiant exhibiting to me her
competent proof of identity.

WITNESS MY HAND AND NOTARIAL SEAL on the day, year and


place first above-written.

ATTY. SAV U. GUTIERREZ


NOTARY PUBLIC
Until December 31, 2021
Roll No. 77790
IBP No. 093459 10-18-19
PTR No. 0556040 01-13-20

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of ______;

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