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  • Affidavit of Merit - Jamal

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    Kim Ramos
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    The document is an affidavit from Mherdad Jamal Ymana Agustin in support of a motion for reconsideration of a dismissed adoption case. [1] The adoption case was dismissed for lack of interest in prosecution after Agustin's lawyer missed the hearing notice due to being busy rearranging their office. [2] Agustin claims this was due to excusable negligence and requests the court allow a social worker to conduct a home study to support reinstating the adoption case.

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    Affidavit of Merit_Jamal

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    The document is an affidavit from Mherdad Jamal Ymana Agustin in support of a motion for reconsideration of a dismissed adoption case. [1] The adoption case was dismissed for lack of interest in prosecution after Agustin's lawyer missed the hearing notice due to being busy rearranging their office. [2] Agustin claims this was due to excusable negligence and requests the court allow a social worker to conduct a home study to support reinstating the adoption case.

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    66 views2 pages

    Affidavit of Merit - Jamal

    Uploaded by

    Kim Ramos
    The document is an affidavit from Mherdad Jamal Ymana Agustin in support of a motion for reconsideration of a dismissed adoption case. [1] The adoption case was dismissed for lack of interest in prosecution after Agustin's lawyer missed the hearing notice due to being busy rearranging their office. [2] Agustin claims this was due to excusable negligence and requests the court allow a social worker to conduct a home study to support reinstating the adoption case.

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    of 2

    REPUBLIC OF THE PHILIPPINES)

    DONE: IN THE CITY OF BAGUIO) S.S.

    AFFIDAVIT OF MERIT

    I, MHERDAD JAMAL YMANA AGUSTIN, of legal age, married,


    Filipino, and resident of Philex Mines, Padcal, Tuba, Benguet, after being
    duly sworn to in accordance with law, hereby depose and state that:

    1. I am one of the two petitioners in the case entitled IN THE MATTER


    OF ADOPTION OF MINOR KEITH JOHN ANDREW CASTILLAN
    DISO docketed as Special Proceedings Case No. 16-A-1041 and
    pending before the Regional Trial Court – Branch 9;

    2. I have caused the preparation of the OMNIBUS MOTION for


    Reconsideration and to Allow Municipal Social Worker to Conduct
    Case Study 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 Order of the Regional Trial Court


    dismissing my petition without prejudice for lack of interest to
    prosecute;

    5. The reason for my failure to proceed with the steps necessary for my
    case was due to the fact that my counsel, Atty. Joshelle Ruth C.
    Bentrez-Bancilo, who received the Notice of Hearing on my behalf,
    misplaced the Notice as she was in the process of rearranging her
    office to accommodate another occupant at the time she received the
    same;

    6. Atty. Bentrez-Bancilo overlooked the scheduled hearing because of


    her hectic schedule, leading to our failure to appear in court;

    7. The foregoing circumstances 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 in my rights, especially because a judgment was
    rendered by the court without affording me the chance to present my
    evidence;

    8. Since the aforementioned petition was filed, no court social worker


    has conducted a case study and home visit;
    1
    9. Considering that a social worker of the social service office of the
    local government unit may conduct the case study, I am respectfully
    requesting the court to allow a municipal social worker from Tuba,
    Benguet to conduct the case study and home visit, and submit his
    investigation report and recommendations.

    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 OMNIBUS
    MOTION as they really show that the same is meritorious and in
    order that the Order or Judgment rendered against me be set aside and
    a new one be issued reinstating the instant case, and that a municipal
    social worker be ordered by the court to conduct the case study and
    home visit.

    Affiant adds nothing more at this time.

    Baguio City for La Trinidad, Benguet, September 14, 2020.

    MHERDAD JAMAL YMANA AGUSTIN


    Affiant

    SUBSCRIBED AND SWORN to before me, in the City of Baguio,


    this ____ day of September, 2020, by the affiant who is personally known to
    me.

    ATTY. JOSHELLE RUTH CHULSI BENTREZ-BANCILO, CPA


    Notary Public until December 31, 2021
    Roll of Attorneys No. 63588
    PTR No. 4409986/01.02.2020/Baguio City
    IBP Lifetime Member No. 012924/06.04.14/Manila
    MCLE Compliance No. VI-0004078 valid until April 2022
    2nd/Main Floor, Insular Life Building, Abanao Extension, Baguio City
    0998-543-5808 / 0917-877-3426

    Doc. No. ____;


    Page No. ____;
    Book No. ____;
    Series of 2020.

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