REPUBLIC OF THE PHILIPPINES)

Makati City ) s.s.

AFFIDAVIT OF MERIT

I, Ma. Consorcia A. Golea, of legal age, Single, Filipino and resident

of 123 J.P. Rizal St., Makati City, after being duly sworn to in accordance
with law, hereby avers that:

1. I am the Defendant in the case entitled RHODYLYN B. DE TORRES

VERSUS MA. CONSORCIA A. GOLEA FOR COLLECTION OF SUM
OF MONEY docketed as Civil Case No. 119045 and pending before the
Regional Trial Court of Makati City, Branch 143;

2. I have received a copy of the Order declaring us in default on February

15, 2018;

3. I with the assistance of my Counsel have caused the preparation of the

“Motion to Set Aside Order of Default” to which this affidavit is attached;

4. I have read the assertions contained therein and I hereby state that the
same is true and correct of my personal knowledge and based on authentic
records;

5. The reason for my failure to proceed with the steps necessary for my case
was due to the fact that my counsel, Atty. Dyan C. Suresca was admitted in
Makati Medical Center for an appendectomy procedure last February 5,
2018, last day of filing for the Answer;

6. That my counsel is a solo practitioner and has no available personnel to

effect the filing of the said Answer due to their individual workload and
schedule on the said date which no one was able to foresee;

7. The foregoing circumstance that led to the issuance of an Order in Default

constitutes an excusable negligence which ordinary prudence could not have
guarded against and by reason of which I have been impaired of my rights,
especially because an order was rendered by the court which will deprive me
the chance to present my evidence;

8. I voluntarily execute this Affidavit of Merit to attest to the truth of the

foregoing facts, as it really shows that the same is meritorious and in order
that the Order or Default rendered against me be reconsidered and set aside.

February 20, 2018, Makati City, Philippines.

MA. CONSORCIA A. GOLEA

REPUBLIC OF THE PHILIPPINES)
DONE: IN THE CITY OF MAKATI) S.S.

SUBSCRIBED AND SWORN to before me this 20th day of

February 2018 personally appeared Ma. Consorcia A. Golea with her Tax
Identification Number 013-087-456-000 issued on February 19, 2017 at
BIR, Makati 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. ANDREI TAN

Salcedo Village, Makati City
Notary Public for the City of Makati
My commission expires on December 31, 2018
PTR No. 99909; 01/04/2016; Makati City
IBP OR No: 6928864; 01/04/2016; Makati City
Roll No.: 91319; 04/08/2015
MCLE Compliance No. VI-0008758/10-18-17

Doc. No. 231;

Page No. 49 ;
Book No. IX;
Series of 2018.