REPUBLIC OF THE PHILIPPINES)

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

AFFIDAVIT OF MERIT

I, PETRA LUKINGAN, of legal age, widow, Filipino citizen, and a resident of Kias,
Baguio City, Philippines, after having been duly sworn to in accordance with law, hereby declare
and state that:

1. I am the third-party defendant in Civil Case No. 4862-R pending before the
Regional Trial Court of Baguio, Branch 60;

2. On the day of the scheduled hearing, I have to rest in bed and take medication
because I have been vomiting and nauseated due to my long-term illness which is
ulcer;

3. Because of financial difficulty, I refused to be admitted to the hospital. After

sometime, however, due to unbearable pain, I was rushed subsequently at the
Baguio General Hospital on February 18, 2005. A copy of my medical certificate is
herein attached for reference;

4. Due to my failure to appear scheduled hearing, the Honorable Court, in the

above-cited case, rendered a decision dated February 3, 2005, allowing the Third-
party defendant to present evidence ex-parte before the Branch Clerk of Court;

5. I am executing this affidavit to attest to the truthfulness of the foregoing facts,

and for all legal intents and purposes this may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 5 th day of March 2005 in
the City of Baguio, Philippines.

PETRA LUKINGAN
Affiant
Professional Driver’s License No. 08301984
Issued at Baguio City
Issued on March 4, 2005

SUBSCRIBED AND SWORN to before me in the City of Baguio this 5 th day of March
2005, by PETRA LUKINGAN, who has satisfactorily proven her identity to me through his
Professional Driver’s License mentioned above, bearing her photograph and signature, that she is
the same person who personally signed the foregoing affidavit before me and acknowledged that
the same is her free and voluntary act and deed.

NORBERG C. LUIS
Notary Public for the City of Baguio
Magsaysay Avenue, Baguio, 2600 Benguet
My Commission expires on December 31, 2005
Privilege Tax Receipt No. 1385406; January 3, 2005; Baguio City
Roll of Atty. No. 8121983
Serial No. of Commission 101258
IBP Lifetime Membership No. LRN-03666; Baguio-Benguet Chapter
Doc. No. 354; Page No. 91; Book No. II; Series of 2015.