An Affidavit of Merit is a sworn statement by a party or their counsel attesting that a case or motion has substantial legal merit. It is a mandatory attachment under the Rules of Court for certain motions — including a Motion for New Trial, a Motion to Lift Order of Default, and petitions for annulment of judgment. Filing these motions without an accompanying Affidavit of Merit renders them procedurally defective and subject to outright denial.
Legalia automates the drafting. This tutorial walks you through the complete process of generating a notary-ready Affidavit of Merit online — from logging in to saving a print-ready PDF — in five steps.
What you need before you start
- A Legalia Pro subscription — subscribe here
- The affiant's full name, civil status, address, and capacity (party or counsel)
- The case title, court/branch, and docket number
- The nature of the meritorious defense or claim (specific facts — not conclusions)
- Supporting facts that, if proven, would constitute a valid defense or cause of action
Step 1: Log In and Open Your Dashboard
Sign in to your Legalia account at https://legalia.ph. After logging in you will land on the document library dashboard, which lists all available document types grouped by category — Affidavits, Contracts, Deeds, and more.
Step 2: Select Affidavit of Merit
Under the Affidavits category, click Affidavit of Merit. The document editor opens in a two-panel layout:
- Left panel — the guided form with all required and optional fields
- Right panel — the live document preview, updated in real time
Every change you make in the form is immediately reflected in the preview — you always see exactly what will print.
Step 3: Fill In the Form
Complete the fields on the left panel. The form is divided into three sections:
Affiant Information
| Field | Notes |
|---|---|
| Full Name | Exactly as it appears on a government-issued ID |
| Civil Status | Single / Married / Widowed / Legally Separated |
| Address | Complete residential or office address including barangay, city/municipality, and province |
| Capacity | Whether executing as the party themselves or as counsel on behalf of the party — affects the language of the affidavit |
Case Details
| Field | Notes |
|---|---|
| Case Title | Full title of the case as captioned in the pleading |
| Court / Branch | Name and branch number of the court where the case is pending |
| Docket Number | The assigned docket or civil/criminal case number |
Merit Statement
| Field | Notes |
|---|---|
| Nature of Meritorious Defense / Claim | Briefly describe the type of defense or claim — e.g., "payment," "novation," "lack of cause of action," "newly discovered evidence" |
| Supporting Facts | State the specific facts with particularity. Courts require more than conclusory statements — include who, what, when, where, and why the facts constitute a valid defense or cause of action |
Step 4: Review the Live Preview
The right panel shows the document exactly as it will print. Review the full text carefully — especially the affiant's capacity, the case details, the merit statement, and the jurat block at the bottom.
An optional tool appears at the top of the preview panel:
- Polish with AI — rewrites the merit statement in formal legal Philippine English while preserving all facts. Particularly useful for ensuring the factual recitals meet the specificity standard courts require.
Step 5: Print or Save as PDF
When the document looks correct, click the Print button in the action bar. Your browser's print dialog opens.
- To print on paper: select your printer and click Print.
- To save a PDF: change the Destination to Save as PDF. The output is a clean document with no UI chrome, headers, or footers — formatted for standard 8.5×11 or A4 paper with correct margins and line spacing for notarial use.
Bring the printout to your commissioned notary public for the affiant's oath and signature, then attach to the corresponding motion or petition as required by the Rules of Court.
That is the complete workflow — from opening the dashboard to a notary-ready Affidavit of Merit.
Generate Your Affidavit of Merit — Pro Plan Required
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