Affidavit of Merit Template Philippines — Sample & Guide

What Is an Affidavit of Merit?

An Affidavit of Merit is a sworn statement by a party or their counsel declaring that the case, defense, or claim they are presenting has genuine legal and factual merit — not frivolous, sham, or dilatory. Philippine procedural rules require it in specific contexts to prevent abuse of court processes and ensure that relief (such as lifting a default order or granting a new trial) is granted only where the party can actually benefit from it.

The key requirement is personal knowledge: the affidavit must be based on the affiant's personal knowledge of the facts, not merely on "information and belief."

When Is an Affidavit of Merit Required?

1. Motion to Lift Order of Default (Rule 9, Section 3(b))

When a defendant is declared in default, their motion to lift the order must be accompanied by an affidavit of merit showing that they have a meritorious defense. The affidavit must state specific facts — not conclusions — that would constitute a valid defense if proven at trial.

2. Motion for New Trial (Rule 37)

On the ground of fraud, accident, mistake, or excusable negligence, the movant must show both: (a) that the cause of failure to present their case was not their own fault, and (b) that they have a meritorious cause of action or defense that would probably change the result.

3. Petition for Relief from Judgment (Rule 38)

The petitioner must attach an affidavit showing the facts constituting their meritorious cause of action or defense, along with an affidavit of the circumstances constituting the fraud, accident, mistake, or excusable negligence.

Free Affidavit of Merit Template (Motion to Lift Default)

REPUBLIC OF THE PHILIPPINES)

QUEZON CITY) S.S.

AFFIDAVIT OF MERIT

UPON BEING DULY SWORN, I do hereby depose and say that:

1. I, Juan Dela Cruz, the defendant in Civil Case No. 1234 entitled "Maria Santos v. Juan Dela Cruz";

2. The summons in the above-entitled case was not actually served and personally served to me;

3. My failure and inability to file an Answer on time is attributed to the following reasons:

(a) The summons was served to my residence on November 3, 2025, and the same was served to my house helper;

(b) That at the time the said summons was served, I was in Cebu City, on a matter requiring my urgent personal presence;

(c) I was able to return only on November 20, 2025, and it was only then when I learned that there was a summons received by my house helper. I immediately went to see my counsel;

(d) That I am in good faith and I respectfully seek the kind consideration, compassion, and understanding of this Honorable Court regarding my predicament and failure to file my Answer on time. I give my assurance, however, that I have no intention whatsoever to disregard the order of this Honorable Court;

4. That a grave miscarriage of justice will result if I will not be given an opportunity to file an Answer to the instant petition;

5. That with the kind indulgence, compassion and understanding of this Honorable Court, I courteously pray that the attached Answer be admitted;

6. That I execute this Affidavit of Merit in support of my Motion for Leave to Admit Attached Answer with Compulsory Counterclaim.

IN WITNESS WHEREOF, I have hereunto set my hand this January 15, 2026 at Quezon City, Philippines.

JUAN DELA CRUZ

Affiant

SUBSCRIBED AND SWORN to before me this January 15, 2026 at Quezon City, Philippines, Affiant exhibited to me his/her Driver's License bearing No. N01-23-456789 issued on May 10, 2023 at Quezon City.

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Frequently Asked Questions

What is an Affidavit of Merit in the Philippines?

An Affidavit of Merit is a sworn statement by a party (or their counsel with personal knowledge) declaring that the case or defense being advanced has substantial legal and factual merit — meaning it is not frivolous, dilatory, or interposed solely for delay.

When is an Affidavit of Merit required under the Rules of Court?

Key instances include: (1) Motion to lift an order of default (Rule 9, Sec. 3(b)) — the defendant must show a meritorious defense; (2) Motion for new trial on the ground of newly discovered evidence (Rule 37) — must show the evidence would change the result; (3) Petition for relief from judgment (Rule 38) — must allege a meritorious cause of action or defense; (4) Motion to quash levy or attachment — the movant must show merit in the main action or defense.

Who can execute an Affidavit of Merit?

The party themselves (defendant, plaintiff, or petitioner) if they have personal knowledge of the merits. In some cases, counsel may execute it, but only if they also have personal knowledge of the facts. Affidavits of merit based solely on information and belief are generally insufficient.

What must the Affidavit of Merit contain to be sufficient?

The affidavit must clearly state: (a) the specific facts constituting the meritorious defense or cause of action; (b) the basis for the affiant's personal knowledge of those facts; and (c) that the defense or claim is genuine and not interposed for delay. Conclusory statements ("we have a meritorious defense") without supporting facts are insufficient.

What happens if no Affidavit of Merit is attached to a motion to lift default?

The court may deny the motion for failing to comply with Rule 9, Section 3(b) requirements. Without an affidavit showing a meritorious defense, the default order stands and the case proceeds to ex parte presentation of evidence by the plaintiff.

Affidavit of Merit Template Philippines: Motion to Lift Default & Guide