Scribd Logo
Upload

Welcome to Scribd!

  • Affidavit of Merit Gozon

    Uploaded by

    erick cordero
    45 views2 pages
    1) Norberto Gozon is filing an Affidavit of Merit in support of his Petition for Declaratory Relief regarding his case (CA-G.R. SP No. 147042) that was denied by the Court of Appeals for being filed out of time. 2) The appeal was filed out of time due to a mistake by his previous counsel, who failed to properly attach a Notice of Hearing to their Motion for Reconsideration with the regional trial court. 3) Gozon asserts that this mistake by his previous counsel violated his due process rights, and that if allowed to appeal, he would have been able to present arguments showing errors in law and fact in the regional trial court

    Original Description:

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    1) Norberto Gozon is filing an Affidavit of Merit in support of his Petition for Declaratory Relief regarding his case (CA-G.R. SP No. 147042) that was denied by the Court of Appeals for being filed out of time. 2) The appeal was filed out of time due to a mistake by his previous counsel, who failed to properly attach a Notice of Hearing to their Motion for Reconsideration with the regional trial court. 3) Gozon asserts that this mistake by his previous counsel violated his due process rights, and that if allowed to appeal, he would have been able to present arguments showing errors in law and fact in the regional trial court

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    45 views2 pages

    Affidavit of Merit Gozon

    Uploaded by

    erick cordero
    1) Norberto Gozon is filing an Affidavit of Merit in support of his Petition for Declaratory Relief regarding his case (CA-G.R. SP No. 147042) that was denied by the Court of Appeals for being filed out of time. 2) The appeal was filed out of time due to a mistake by his previous counsel, who failed to properly attach a Notice of Hearing to their Motion for Reconsideration with the regional trial court. 3) Gozon asserts that this mistake by his previous counsel violated his due process rights, and that if allowed to appeal, he would have been able to present arguments showing errors in law and fact in the regional trial court

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    Republic of the Philippines )

    City of Muntinlupa )S.S.


    CA-G.R. SP No. 147042
    AFFIDAVIT OF MERIT

    I, NORBERTO GOZON, Filipino, of legal age, and currently detained at


    the National Bilibid Prison, Muntinlupa City, after being duly sworn to in
    accordance with law, do hereby depose and state, THAT:

    1. I am the Petitioner-Appellant in the case entitled Norberto Gozon vs. People


    of the Philippines docketed as C.A.-G.R. S.P. No. 147402, pending before
    the Honorable Court of Appeals;

    2. I have caused the preparation of the “Petition for Declaratory Relief” 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 authentic records;

    4. I was only able to recently confirm the decision of the Honorable Court of
    Appeals to deny my Appeal for being filed out of time, when my son-in-law,
    through the help of a new counsel, was able to secure a copy of the said
    Resolution;

    5. The reason for the Appeal being filed out of time was because of the mistake
    of my previous counsel on record, to properly attach a Notice of Hearing to
    our Motion for Reconsideration;

    6. This resulted in our Motion for Reconsideration to be considered by the


    Honorable Regional Trial Court to be a “mere scrap of paper” and did not
    toll the period to file the appeal;

    7. While I was informed by our new counsel that mistakes of lawyers generally
    bind their clients, the Honorable Supreme Court have time and again
    reiterated that while the general rule is that the negligence of counsel binds
    the client, even mistakes in the application of procedural rules, an exception
    to this doctrine is when the negligence of counsel is so gross that the due
    process rights of the client were violated;

    8. It is with great regret that I submit that the mistake of my previous counsel
    have resulted in the gross violation of my due process rights. That if I were
    allowed to properly raise my case before this Honorable Court, I would have
    been able to present arguments and point out specific mistakes of the
    Honorable Regional Trial Court in finding me guilty of the crime;

    9. It is respectfully submitted that the Decision of the Honorable Regional Trial


    Court is replete with errors in law and errors in fact, and that if properly
    submitted before this Honorable Court of Appeals, said Decision would
    have been reversed;

    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 Petition for
    Declaratory Relief as it really shows that the same is meritorious and in
    order and that the Order of Judgment rendered against me be reconsidered
    and set aside and a new one be issued reinstating the instant case.

    Affiant Further Sayeth Naught.

    28 February 2021, Muntinlupa City.

    Norberto Gozon

    SUBSCRIBED AND SWORN to before me, this _____________, by


    _____________ who exhibited to me (his/her) Community Tax Certificate
    No. _____________ issued at _____________, Philippines on
    _____________.

    Notary Public

    Doc. No. ______;


    Page No. ______;
    Book No. ______;
    Series of ______;

    You might also like