REPUBLIC OF THE PHILIPPINES)

CITY OF MAKATI ) S.S.

AFFIDAVIT OF MERIT

I, GRACE R. POE, of legal age, Filipino and resident of 234

Orange Street, Greenhills San Juan, after being duly sworn to in
accordance with law, hereby depose and state that:

1. I am the Petitioner in the case entitled GRACE R. POE vs OJOJ B.

INAY docketed as Criminal Case No. 678910 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. Maru N. Ong
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.

GRACE R. POE
(Affiant)

ACKNOWLEDGMENT

SUBSCRIBED AND SWORN to before me this 2ND day of August

2011 at Makati City. Affiant exhibited to me her Community Tax
Certificate No. 9842462 issued on January 10, 2011 in San Juan
City.

ROMEO B. CRUZ, JR.

Notary Public
Until Dec. 31, 2011
PTR No. 110213
Makati City

Doc. No.9
Book No.1
Page No.3
Series of 2011