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    Affidavit of Merit

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    Sarah Macarimpas
    Sittie Vaisah Fatma Alonto Macarimpas filed an affidavit in support of a motion to lift an order of default against her late mother Angelina Alonto in a land dispute case. Sittie states that the land was registered under Angelina and her late father Mama Udaye Alonto, who both passed away without issue, leaving Sittie as their sole heir. Sittie claims she failed to timely file an answer due to difficulties arising from the Marawi siege, including damage to her home and loss of livelihood, which prevented her from attending to the case earlier. She asserts the default order should be lifted based on excusable negligence beyond ordinary prudence.

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    Affidavit of Merit

    Uploaded by

    Sarah Macarimpas
    353 views3 pages
    Sittie Vaisah Fatma Alonto Macarimpas filed an affidavit in support of a motion to lift an order of default against her late mother Angelina Alonto in a land dispute case. Sittie states that the land was registered under Angelina and her late father Mama Udaye Alonto, who both passed away without issue, leaving Sittie as their sole heir. Sittie claims she failed to timely file an answer due to difficulties arising from the Marawi siege, including damage to her home and loss of livelihood, which prevented her from attending to the case earlier. She asserts the default order should be lifted based on excusable negligence beyond ordinary prudence.

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    Sittie Vaisah Fatma Alonto Macarimpas filed an affidavit in support of a motion to lift an order of default against her late mother Angelina Alonto in a land dispute case. Sittie states that the land was registered under Angelina and her late father Mama Udaye Alonto, who both passed away without issue, leaving Sittie as their sole heir. Sittie claims she failed to timely file an answer due to difficulties arising from the Marawi siege, including damage to her home and loss of livelihood, which prevented her from attending to the case earlier. She asserts the default order should be lifted based on excusable negligence beyond ordinary prudence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    353 views3 pages

    Affidavit of Merit

    Uploaded by

    Sarah Macarimpas
    Sittie Vaisah Fatma Alonto Macarimpas filed an affidavit in support of a motion to lift an order of default against her late mother Angelina Alonto in a land dispute case. Sittie states that the land was registered under Angelina and her late father Mama Udaye Alonto, who both passed away without issue, leaving Sittie as their sole heir. Sittie claims she failed to timely file an answer due to difficulties arising from the Marawi siege, including damage to her home and loss of livelihood, which prevented her from attending to the case earlier. She asserts the default order should be lifted based on excusable negligence beyond ordinary prudence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    REPUBLIC OF THE PHILIPPINES)

    Malolos, Bulacan ) s.s.

    AFFIDAVIT OF MERIT

    I, Sittie Vaisah Fatma Alonto Macarimpas, of legal age,


    married, Filipino and resident of Marawi City, after being duly sworn
    to in accordance with law, hereby depose and state that:

    1. I am the only child of the late Mama Udaye Alonto who is


    married to Angelina Zabala Alonto, defendant in herein case
    entitled Elpidio S. Yalong et al vs. Angelina Alonto and
    Reynaldo Padua for Cancellation of Title and Damages
    docketed as Civil Case No. 352-M-2017 pending before the
    Regional Trial Court of Malolos, Bulacan.

    2. The land covered by the the subject certificate of title sought


    to be cancelled by plaintiffs, is registered under the name of
    Spouses Angelina Alonto and Mama Udaye Alonto.

    3. Angelina Alonto died without issue on June 23, 2006 leaving


    as legal heir to the subject properties her spouse Mama
    Udaye Alonto. Subsequently, Mama Udaye Alonto died on
    December 7, 2013 leaving the same subject properties to his
    only child Sittie Vaisah Fatmah Alonto-Macarimpas.

    4. I, as the legal representative of defendant Angelina Alonto,


    have caused the preparation of the Motion to Lift Order of
    Default with Prayer to Admit Answer for which this affidavit
    should be attached.

    5. I, through my attorney-in-fact residing in Bulacan, have


    received a copy of the order of the Regional Trial Court
    declaring the defendants in default for failure to file an answer
    and that the plaintiffs were given the opportunity to present
    evidence ex parte.

    6. The reasons for my failure to timely file the necessary answer


    are as follows:

    a. The defendant Angelina Alonto and her spouse Mama


    Udaye Alonto died years before the case was filed.
    b. The summons was served by publication. During the
    period of its publication and until the lapse of the
    required period to file an answer, I was in Marawi City
    with my family seriously affected by the Marawi Siege
    and Crisis.

    c. Even after the siege, I was not able to cause the


    preparation of the necessary pleading earlier due to
    financial and time constraints. The Marawi Siege
    damaged our house. Our source of livelihood was
    destroyed. I did not have the resources to immediately
    fly from Mindanao to Bulacan and leave my family to
    attend to the frivolous case filed by the plaintiffs.

    7. The above-stated circumstances which resulted to the


    issuance of the order of default establishes the defense based
    on the ground of mistake, accident and/or excusable
    negligence which ordinary prudence could not have
    guarded against.

    8. In the interest of justice and for the protection of my rights,


    based on my earlier stated circumstances, I humbly pray that
    the my motion to set aside the order of default be granted.

    9. 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;

    10. 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 to Lift Order of Default”.

    August 31, Manila City, Philippines.

    Sittie Vaisah Fatmah Alonto Macarimpas


    (Affiant)

    REPUBLIC OF THE PHILIPPINES)


    Malolos, Bulacan ) s.s.

    SUBSCRIBED AND SWORN to before me this 30th day of August


    2018 personally appeared Sittie Vaisah Fatmah Alonto
    Macarimpas with her COMELEC Identification Card No. VIN: 3616-
    001A-K0978SAM20000, 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.

    Doc No. _____


    Page No. _____
    Book No. _____
    Series of 2018.

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