Crafting a Counter-Affidavit to Defeat a False Estafa Charge After Bail
(Philippine Legal Perspective, 2025)
Disclaimer: This article is for informational and educational purposes only and is not a substitute for personalized legal advice. Always consult a Philippine lawyer for guidance on your specific case.
1. Snapshot of the Situation
- Estafa is the generic Philippine term for fraud under Article 315 of the Revised Penal Code (RPC), as amended by RA 10951 (2017).
- It is bailable because the prescribed penalties (at worst, prisión mayor) do not reach the non-bailable thresholds of reclusión perpetua or life imprisonment.
- After posting bail, the respondent is ordinarily served a subpoena/notice in a preliminary investigation or learns that an Information has been filed in court.
- Counter-Affidavit: the respondent’s sworn narrative plus evidence meant to convince the public prosecutor—or later, the court—that no probable cause exists and the complaint is malicious or baseless.
2. Governing Sources
| Topic | Principal Authority |
|---|---|
| Elements & Penalties of Estafa | RPC Art. 315 (as adjusted by RA 10951) |
| Right to Bail | 1987 Constitution, Art. III §13; Rule 114 |
| Preliminary Investigation & Counter-Affidavits | Rule 112, §§3–5 |
| Bail Cancellation / Release of Bond | Rule 114, §§19–22 |
| Civil Damages for Malicious Prosecution | Civil Code Arts. 19–21, 26, 27 |
| Perjury / Incriminatory Acts vs. False Accuser | RPC Arts. 183, 363 |
| Speedy Disposition | Constitution Art. III §14(2); Cagang v. SB (A.M. 17-06-02-SB, Apr 24 2018) |
| Key Estafa Jurisprudence | People v. Colinares (G.R. 214633, Jan 22 2019); People v. Go (G.R. 191015, Dec 14 2011); Lim v. People (G.R. 228847, Jan 29 2018) |
3. Understanding Estafa
3.1 Core Elements
- Deceit or Abuse of Confidence (fraudulent means)
- Damage or Prejudice Capable of Pecuniary Estimation
- Causal Connection between deceit/abuse and the loss
Typical Theories Misappropriation/Conversion (Art. 315 §1-b) | False Pretenses (§2-a) | Bouncing Check Estafa (§2-d)
3.2 Why False Accusations Happen
- Civil business disputes turned criminal for leverage
- Confusion between BP 22 (bounced checks) and estafa
- Failure to distinguish breach of contract (purely civil) from criminal fraud
- Retaliatory or extortive complaints
4. Bail in Estafa Cases
| Step | Key Points |
|---|---|
| Assessment of Bail | Amount guided by Rule 114, §9, considering penalty, flight risk, and financial ability |
| Modes | Corporate surety, property bond, cash deposit, or recognizance |
| Conditions | Appear at all hearings, waive double jeopardy objections to postponed arraignment, notify court of travel |
| Effect | Does not imply guilt; merely ensures presence. A quashed case allows release/refund of bond. |
5. Counter-Affidavit: Purpose & Timing
5.1 When to File
During preliminary investigation: within 10 calendar days (extendible for good cause) from receipt of subpoena with complaint-affidavit.
After Information is filed: the prelim stage is closed, but similar defenses can be raised via
- Motion to Quash Information (Rule 117)
- Motion for Judicial Determination of Probable Cause (Rule 112 §6)
- Demurrer to Evidence after prosecution rests (Rule 119 §23)
5.2 Essential Contents
- Caption & Title (Office of the City/Provincial Prosecutor, NPS docket no.)
- Personal Circumstances of respondent
- Admissions/Denials of material allegations, chronologically narrated
- Defenses in Law and in Fact (see §6 & §7 below)
- Supporting Evidence numbered as Annex “1”, “2” …
- Prayer for dismissal, recall of subpoena, & return of bail bond
- Verification & Certification of Non-Forum Shopping
- Jurat before a notary or authorized official
6. Substantive Defenses to Stress
| Defense | How It Works |
|---|---|
| No Deceit / Good Faith | Show honest mistake, accounting error, or reliance on complainant’s representations. |
| No Demand / No Prejudice | Under misappropriation theory, prior demand is indispensable; attach proof none was made. |
| Purely Civil Breach | Cite Lee v. People (G.R. 195794) that non-payment alone ≠ estafa. |
| Payment / Novation | While People v. Dizon warns novation is not a total defense once complaint is filed, it erodes the element of intent to defraud and may negate probable cause. |
| Prescription | Estafa prescribes in 15 years if penalty is prisión mayor or 10 years if prisión correccional; count from discovery of offense. |
| Mistaken Identity | Show evidence you were not the contracting party or had no control of funds. |
| Violation of Right to Speedy Disposition | Delay > 10 yrs from filing → dismissal (Cagang doctrine). |
7. Procedural Defenses & Technical Objections
- Lack of Jurisdiction over Person (no valid service of subpoena)
- Insufficient Affidavit or Documentary Basis (complaint not verified, hearsay)
- Forum-Shopping / Multiplicity of Suits
- Information Defective on Its Face (fails to allege amount, date, or mode of estafa)
- Illegally Obtained Evidence (e.g., private emails seized without warrant)
- Non-compliance with Mediation/Barangay Conciliation where required
8. Documentary & Testimonial Attachments
| Evidence Type | Illustrative Examples |
|---|---|
| Transactional documents | Contracts, ORs/CRs, official receipts, ledgers |
| Bank & e-wallet records | Passbooks, SWIFT printouts, GCash screenshots (certified) |
| Communications | Viber/WhatsApp threads authenticated per Rule 5, Rules on Electronic Evidence (REE) |
| Independent witnesses | Affidavits of accountants, co-employees, disinterested third parties |
| Expert reports | Forensic audit, handwriting/forgery comparison |
9. Filing Mechanics
- Number of Sets: 1 original + 2 copies (or more if several respondents)
- Annex Tabs: Hard tabs for court copies; e-folder for e-filing systems.
- Service: Personal service or registered mail on complainant’s counsel.
- Proof of Service: Affidavit of mailing or courier official receipt.
- Filing Fees: None at prosecutor level; photocopy & notarization costs only.
10. What Happens Next?
| Stage | Possible Outcomes |
|---|---|
| Resolution by Prosecutor | (a) Dismissal → Release/return of bail; (b) Filing of Information; (c) Reinvestigation |
| Motion for Reconsideration | Must be filed within 15 days of receipt of adverse resolution |
| Petition for Review (DOJ) | 10 days after denial of motion for reconsideration |
| Certiorari (Rule 65) | Alleging grave abuse of discretion in finding probable cause |
| Trial | Defenses can reappear as demurrer to evidence or affirmative defense in answer |
| Acquittal / Case Dismissed | Bail is cancelled; cash/property bond returned; surety discharged |
11. Going on Offense: Remedies vs. False Accusers
Criminal
- Perjury (Art 183 RPC) – false statements in a sworn complaint-affidavit
- Incriminating an Innocent Person (Art 363 RPC) – planting evidence or inducing authorities to prosecute without cause
Civil
Malicious Prosecution under Civil Code Arts. 19–21:
- (a) prosecution terminated in your favor; (b) malice; (c) lack of probable cause; (d) damages suffered
Moral, Exemplary, Temperate Damages (Art 2219, 2232)
Administrative / Professional
- Disbarment or suspension complaints vs. lawyers (Rule 139-B)
- HR or PRC sanction if complainant is a licensed professional
12. Template Skeleton (Highly Abridged)
REPUBLIC OF THE PHILIPPINES
OFFICE OF THE CITY PROSECUTOR
_______ City
I.S. No. 2025-___
For: ESTAFA (Art. 315, RPC, as amended)
PEOPLE OF THE PHILIPPINES
Complainant,
– versus –
JUAN DELA CRUZ,
Respondent.
-------------------------------------------/
COUNTER-AFFIDAVIT
I, Juan Dela Cruz, Filipino, of legal age, … state under oath:
1. Personal circumstances…
2. I categorically DENY…
3. The complaint-affidavit is fatally defective because…
3.1 **No prior demand** was ever made (Annex “A”).
3.2 Payments were in fact made (Annex “B”).
3.3 The transaction is **purely civil**…
4. *Arguments & jurisprudential citations*…
5. Prayer: **That the instant complaint be DISMISSED, the bail bond cancelled, and copies furnished to the undersigned counsel.**
IN WITNESS WHEREOF…
Date, City.
(Signed) (Signed)
Juan Dela Cruz Atty. Maria Reyes
Affiant Counsel for Respondent
SUBSCRIBED AND SWORN… (Jurat)13. Practical Tips for Respondents
- Move quickly: The 10-day window is short; request extensions in writing when necessary.
- Authenticate digital evidence early (Rule 5, REE).
- Keep proof of bail and official receipts secure; these expedite bond release later.
- Organize annexes: tabbed, chronologically ordered, cross-referenced in the affidavit.
- Mind confidentiality: public disclosure of the complaint can itself be actionable (Art 26).
- Maintain decorum: inflammatory language can undermine credibility and invite libel exposure.
14. Key Jurisprudence: Takeaways
| Case | Lesson |
|---|---|
| People v. Colinares (2019) | Demand is indispensable in misappropriation estafa; absence = no probable cause. |
| Lim v. People (2018) | Good-faith belief in right to possess funds defeats deceit. |
| People v. Go (2011) | Estafa may coexist with BP 22, but each requires separate proof. |
| Cagang v. SB (2018) | Inordinate delay of prosecution violates constitutional right to speedy disposition. |
15. Conclusion
Posting bail is only the first defensive step when faced with a spurious estafa charge. A well-researched, properly executed counter-affidavit can end the criminal case before it gains momentum, saving the respondent from the ordeal of trial and preserving resources—and reputation. Combining substantive arguments (no deceit, no damage, civil breach) with procedural objections (lack of demand, defective complaint, denial of speedy disposition), plus solid documentary proof, maximizes the chance of outright dismissal.
Should the accusation prove malicious, Philippine law arms the wronged respondent with criminal, civil, and administrative remedies to vindicate rights and deter future abuses.