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.