Affidavit of Merit

 

REPUBLIC OF THE PHILIPPINES) Marikina City, Metro Manila) S. S.

AFFIDAVIT OF MERIT I, ROBERT DE LEON, of legal age, Filipino with residence address at 12 Lake Street, Virginia Summerville, Mayamot, Antipolo City, after having been duly sworn to in accordance with law, do hereby depose and say that: 1.  I am filing a Civil Complaint for Sum of Money and Damages with Prayer for an Ex-Parte Issuance of a Writ of Preliminary Attachment against Carmelo V. Arive. Copy of said complaint to be filed at the Municipal Trial Court in Cities of Antipolo City is hereto attached as Annex "A"; 2.  That on 08 September 2016, Mr. Carmelo V. Arive borrowed from me the amount of Two Hundred Fifty Thousand Pesos (Php 250,000.00), which indebtedness indebtedn ess is due and payable on 08 March 2017, with an interest at the rate of five (5%) percent per month, in accordance with the notarized Loan Agreement with Mortgage duly executed by the defendant defenda nt on the said date. Photocopy of said Loan Agreement with Mortgage is attached and marked as Annex “B” and made as a integral part hereof;  hereof;   3.  That the Mr. Arive has failed and refused and still fails and refuses to pay the said indebtedness on due date, with corresponding interest thereon to me, despite repeated requests and demands. 4.  That I served several demands to the Mr. Arive, attached is the last demand letter executed on 22 January 2018 by my legal counsel as Annex A nnex “C” and made as an integral part hereof; 5.  That Mr. Arive is guilty of fraud on contracting the debt who represented himself as a credible contractor and financially capable of paying his obligation, when in truth and in fact, he is not and the fraudulent scheme becoming evident when despite demand, he refuses and continue to refused without justifiable ground his and due and demandable obligation; 6.  That moreover, Mr. Arive has removed or disposed dispo sed of or is about to remove or dispose of his personal property (2010 Toyota Fortuner with Plate No. PKI 591 and the collateral of the loan agreement) and his real property located in 12 Lake Street, Virginia Summerville, Mayamot Antipolo City and such other properties, with intent to defraud his creditor thereby rendering nugatory and ineffective whatever money judgment this Honorable Trial Court may render in the above entitled case; 7.  The prayer for the Immediate Ex-Parte Issuance of a Writ of Preliminary Attachment is being made pursuant to Rule 57, Section 1, Paragraphs (a), (d) and (f) of the Revised Rules of Court   to serve as security for the satisfaction of any judgment that may be recovered in the civil action; 8.  According to Rule 57 of the Revised Rules of Courts, Courts, a plaintiff, at the commencement of an action or at anytime before entry of  judgment,  judgme nt, may have have the property property of the the adverse adverse party attached attached as security for the satisfaction of any judgment in an action against a party who has been guilty of fraud in contracting the debt or incurring the obligation upon which the action is brought, or in the performance thereof.

 

9.  Collectively, the actions of Mr. Arive revealed that he has no intention whatsoever to comply with his obligations to me. These are clear badges of gross and evident bad faith. The Mr. Arive’s Arive ’s gross  gross and evident bad faith in refusing to satisfy their obligation to my plain, valid and demandable claim entitles our company damages, attorney's fees and litigation and court cost (Civil Code, Article 2208); 10.I am willing and ready to post a bond in the most reasonable amount the Honorable Trial Court may fix in case it issues an order granting the application for the ex-parte issuance of a writ of preliminary attachment against the properties of the defendant, conditioned conditioned that he will pay all the costs that may be adjudged to the Defendant, and all damages that he may sustain by reason of attachment, if the Honorable Trial Court should finally adjudge that i am are not entitled thereto; and 11.I am executing this affidavit to attest to the truthfulness of the foregoing and to serve compliance with the required Affidavit of Merit pursuant to Rule 57 of the Rules of Court. IN WITNESS WHEREOF, I have hereunto set my hands this day of 12th day February 2018 2015 at Marikina City.

ROBERT DE LEON Plaintiff/Affiant

SUBSCRIBED AND SWORN to before me this _____ day of February 2018 in Marikina City, affiant personally appeared identified by me through his identification card with No. ________________, ___________ _____, issued at_________ at________ _ ,issued on  ____________the  __________ __the same persons, and avowed under the penalty of law of the truthfulness of all the contents of the document. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and at the place above stated. Doc. NO. __ Page NO.__ Book NO. ___ Series of 2018.