This affidavit supports a "Motion for Reconsideration" filed in a civil or criminal case. It states that the petitioner's lawyer was unexpectedly admitted to the hospital for an emergency operation. As a result, the lawyer's partners were unable to handle the petitioner's case due to their own workloads. The petitioner asserts this constitutes excusable negligence for failing to prosecute the case, and requests the court reconsider its dismissal and reinstate the case. The affidavit aims to attest to the truth of these circumstances in support of having the court's order or judgment set aside.
This affidavit supports a "Motion for Reconsideration" filed in a civil or criminal case. It states that the petitioner's lawyer was unexpectedly admitted to the hospital for an emergency operation. As a result, the lawyer's partners were unable to handle the petitioner's case due to their own workloads. The petitioner asserts this constitutes excusable negligence for failing to prosecute the case, and requests the court reconsider its dismissal and reinstate the case. The affidavit aims to attest to the truth of these circumstances in support of having the court's order or judgment set aside.
This affidavit supports a "Motion for Reconsideration" filed in a civil or criminal case. It states that the petitioner's lawyer was unexpectedly admitted to the hospital for an emergency operation. As a result, the lawyer's partners were unable to handle the petitioner's case due to their own workloads. The petitioner asserts this constitutes excusable negligence for failing to prosecute the case, and requests the court reconsider its dismissal and reinstate the case. The affidavit aims to attest to the truth of these circumstances in support of having the court's order or judgment set aside.
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 Court;
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 ___________________ (Affiant)