Counter-Affidavit in the Philippines: Definition, Format, and Sample Contents

This guide explains what a counter-affidavit is, when and where it’s used, the rules that typically govern it, how to format and file one, and includes a complete editable sample. It’s written for the Philippine context and covers both criminal preliminary investigations and common administrative proceedings. This is general information—not legal advice. If you’re a party to a case, consult counsel promptly.

1) What is a counter-affidavit?

A counter-affidavit is a sworn, written statement submitted by a respondent to answer a complaint-affidavit. It presents the respondent’s version of facts, legal defenses, and supporting evidence (documents, photos, messages, and witness affidavits).

You’ll most often encounter it in:

Criminal cases during preliminary investigation before the Office of the City/Provincial Prosecutor (OCP/OPP), or during inquest if the arrested person opts for a regular preliminary investigation.
Administrative/disciplinary cases in bodies such as the Office of the Ombudsman, Civil Service Commission, PRC, local government administrative tribunals, and certain agency adjudication units.

In civil cases, the responsive pleading is usually an Answer (not a counter-affidavit), though affidavits may still be used later as judicial affidavits or supporting evidence.

2) Why it matters

At the preliminary investigation or administrative fact-finding stage, the decision maker is only determining probable cause or prima facie evidence—not guilt. A well-prepared counter-affidavit can lead to a dismissal at this early stage, sparing the respondent from trial or formal charges.

Failing to file one does not equal an admission, but it waives your chance to refute the allegations and the prosecutor or agency may resolve the case based solely on the complaint’s evidence.

3) Legal framework (high-level)

Criminal preliminary investigation: Governed by the Rules of Criminal Procedure (Rule 112) and Department of Justice (DOJ) issuances. The rules require affidavits and evidence to be subscribed and sworn to and set the timeline for submission.
Notarization/oath: Governed by the Rules on Notarial Practice (competent evidence of identity, personal appearance, proper jurat). In criminal PIs, affidavits are typically sworn before the investigating prosecutor or another authorized officer (and in practice may be notarized if permitted by local OCP practice).
Administrative proceedings: Agency charters and procedure rules (e.g., Ombudsman Rules) provide similar mechanisms for a respondent’s counter-affidavit/comment and supporting evidence.

Always follow any written instructions attached to your subpoena/notice; they control over general practice.

4) Deadlines & flow (typical)

Service of subpoena/notice: You’ll receive the complaint-affidavit and annexes, plus instructions.
Time to file: Commonly ten (10) days from receipt of subpoena in criminal preliminary investigations. Extensions may be possible for good cause, but request them before the deadline.
Sequence (criminal PI):
1. Counter-affidavit (with annexes) by respondent
2. Reply-affidavit by complainant (if allowed)
3. Rejoinder by respondent (if allowed)
4. Clarificatory hearing (discretionary; no cross-examination—prosecutor asks the questions)
5. Resolution (dismissal, or finding of probable cause and filing of Information)

5) Who signs, and before whom?

Individual respondent signs the counter-affidavit and personally appears before the prosecutor or authorized administering officer (or a notary, if allowed). Bring government-issued ID.
Corporate/partnership respondents: An authorized officer/representative signs. Attach proof of authority (e.g., Secretary’s Certificate, board resolution, SPA).
If the respondent can’t sign (illiterate/physically unable): A thumbmark with two disinterested witnesses is generally acceptable, plus proper identity details.
Language: Use English or Filipino. If the affiant is not proficient, consider translation or an affidavit of interpreter to avoid later challenges.

6) What to include (substance)

A strong counter-affidavit is organized, specific, and evidence-anchored. Include:

Caption/Title: Office/agency, parties, docket number (e.g., I.S. No.)
Title of pleading: “COUNTER-AFFIDAVIT”
Affiant’s details: Full name, citizenship, age, civil status, address, contact info, and capacity/authority (if signing for a company)
Prefatory statement: State you received the complaint and are responding under oath
Statement of material facts: A clear, chronological narration from your perspective
Specific denials/admissions: Address each material allegation; identify inaccuracies
Defenses in law and in fact (examples):
- No probable cause / facts don’t constitute the offense charged
- Lack of essential element (e.g., no deceit/intent, no demand, no public document, no taking, etc.)
- Alibi/impossibility, good faith, lack of participation or no conspiracy
- Hearsay/illegally obtained evidence (invoke Exclusionary Rule where appropriate)
- Prescription or lack of jurisdiction/venue
- Compromise/novation (note: does not extinguish criminal liability per se, but may negate elements in fraud-type cases)
- Documentary contradictions (contracts, receipts, logs, messages, GPS/timecards, CCTV, system records)
Attached evidence: Label as Annex “A”, “B”, …; for e-evidence, include printouts/screenshots, briefly describe source and authenticity (see §7)
Prayer: Ask for dismissal of the complaint and other just reliefs
Undertakings: e.g., address updates; willingness to appear at clarificatory hearings
Verification/Attestation (if the forum requires it)
Jurat: Proper oath before the authorized officer (with ID details)

7) Electronic and documentary evidence (practical notes)

Electronic messages/social media/email/CCTV: Under the Rules on Electronic Evidence, printouts or readable outputs may be admissible if they accurately reflect the data. Help the prosecutor by adding:
- Brief provenance: where it came from (e.g., phone, corporate server), who kept it
- Timestamps/time zone; if available, hash values/metadata
- Screenshots that show sender/recipient and continuity of the thread
- For audio/video, identify the recording device, date/time, and who can authenticate it
Originals vs copies: Attach clear copies and bring/keep originals for possible inspection.
Translations: If a document is in a foreign language, attach a certified translation.

8) Formatting & filing (clean practice)

Format that works well across offices:

Paper: A4 or Letter, 1.5 line spacing, readable font, numbered paragraphs
Margins: ~1 inch all around; page numbers and case caption in header/footer
Annexing:
- Identify exhibits in the text: “(See Annex ‘B’, Copy of Delivery Receipt dated …)”
- Paginate annexes and keep an Annex Index
- If you have many annexes, tab them
Copies: Prepare enough sets for the office record, each complainant/respondent, and your file (practice varies; bring spares).
Swearing: Sign in the presence of the administering officer; the officer completes the jurat (with your ID details).
Filing: Submit to the receiving section of the OCP/agency; keep your stamped receive page or acknowledgment.

Some prosecutor’s offices or agencies have e-filing protocols. If allowed, follow their specific instructions for PDFs, naming, and service addresses.

9) Clarificatory hearing (if any)

The prosecutor/decision-maker may set a clarificatory hearing to ask questions on points of doubt. It is not a trial: no cross-examination, and parties may be allowed to submit questions for the officer to ask. Be concise; bring originals of key documents.

10) Common pitfalls to avoid

Missing the deadline (or asking for extension too late)
General denials without specific refutation or evidence
Speculation or hearsay when you could obtain a documentary record (e.g., logs, receipts)
Inconsistent timelines; fix dates with receipts, device metadata, or calendars
Unsworn/defective jurat or no competent ID noted
Unauthorized signatory for corporations (attach proof of authority)
Sensitive personal data shared loosely—file what’s required, but redact when circulating drafts

11) Quick checklist (before filing)

Correct caption and docket number
Clear story with dates, places, people
Element-by-element defenses stated
Annexes labeled and referenced in the text
Proof of authority (if signing for a company)
Verification/attestation if the forum asks for it
Proper jurat with ID details
Enough copies and receive stamp obtained

12) FAQs

Q: Is a certificate of non-forum shopping required? A: Typically no for a counter-affidavit in a preliminary investigation (that certificate applies to initiatory pleadings in court). Some administrative forums may require verification; follow the office’s instructions.

Q: What if I don’t have all documents yet? A: File within the deadline with what you have and explain what’s outstanding. Request a short extension ahead of time if essential evidence is pending.

Q: Can my lawyer sign for me? A: No—it’s your sworn statement. Your lawyer drafts and assists, but you must sign and swear to it (representatives may sign for juridical entities with proper authority).

Q: What happens if I skip filing? A: The case may be resolved ex parte. You risk probable cause being found with no rebuttal on record.

Q: Is lying in a counter-affidavit a crime? A: Yes. False statements under oath may be perjury and can have serious consequences.

13) Model outline (one page)

Caption (Office of the City/Provincial Prosecutor / Agency; Parties; Docket No.)
COUNTER-AFFIDAVIT
Affiant’s personal circumstances (and authority if corporate)
Intro (receipt of complaint; purpose of affidavit)
Statement of facts (chronological)
Specific admissions/denials (tie back to complaint paragraphs)
Defenses (legal & factual; element-by-element)
Evidence list and brief authentication (Annexes)
Prayer (dismissal, other relief)
Verification/Attestation (if required)
Jurat (date/place/ID details)

14) Complete sample (editable)

Replace bracketed text with your details. Keep it concise and factual. This sample is for a criminal preliminary investigation before an OCP; adapt headings for administrative forums (e.g., “Counter-Affidavit/Comment”).

Republic of the Philippines
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
[City], [Province]

[Complainant Name],                                     I.S. No.: [YYYY-XXXX]
   Complainant,                                         For: [e.g., Estafa under Art. 315]
                    -versus-

[Your Full Name], 
   Respondent.
---------------------------------------------------------------

                       COUNTER-AFFIDAVIT

I, [YOUR FULL NAME], Filipino, [age], [civil status], with residence at [complete address],
after having been duly sworn, depose and state:

A. PERSONAL CIRCUMSTANCES

1. I am the respondent in this case. I can be reached at [mobile/email]. 
2. [If signing for a company:] I am [position] of [Company], authorized to execute this
   affidavit per the attached Secretary’s Certificate (Annex “A”).

B. PREFATORY MATTERS

3. On [date], I received a subpoena with the Complaint-Affidavit of [Complainant],
   which I respectfully answer through this Counter-Affidavit.

C. STATEMENT OF FACTS (CHRONOLOGICAL)

4. On [date/time/place], [state what actually happened]. 
5. [Continue timeline; identify persons present; refer to annexes as needed].
   (See Annex “B”, [document]; Annex “C”, [photos]; Annex “D”, [messages].)

D. SPECIFIC DENIALS/ADMISSIONS

6. Paragraph [x] of the Complaint alleges [quote/summary]. This is false because [facts],
   as shown by [Annex “B”]. 
7. Paragraph [y] alleges [summary]. I specifically deny [portion]; in truth, [facts] (Annex “C”).

E. DEFENSES (IN FACT AND IN LAW)

8. The essential element of [offense] requiring [element] is absent. There was
   [good faith/no deceit/no demand/no taking/etc.], as evidenced by [Annex ref].
9. The documents relied upon by Complainant are [inadmissible/unauthenticated/altered].
10. There is no probable cause: the facts, even if taken at face value, do not constitute
    the offense charged. [Brief legal reasoning.]
11. [Jurisdiction/prescription/identity/non-participation/etc., as applicable.]

F. EVIDENCE AND AUTHENTICATION

12. Annex “B” (Receipt dated [date]) was issued by [issuer]; I obtained it in the ordinary
    course of business. Annex “C” (Photos) were taken by me using [device] on [date/time].
13. Annex “D” (Message thread) is a printout from [platform], accessed from my phone
    [model]. The screenshots show sender/recipient, timestamps, and continuity.
14. [If corporate records:] Annex “E” (Log extract) came from our system; [custodian]
    can further authenticate it if required.

G. PRAYER

WHEREFORE, premises considered, I respectfully pray that the Complaint-Affidavit be
DISMISSED for lack of probable cause. I likewise pray for such other reliefs as are just.

[City], Philippines, [date].

                                 [Signature over printed name]
                                 [Your Full Name]
                                 [Position, if any / Contact details]

VERIFICATION / ATTESTATION
(Use if required by the forum)
I attest that I have read this Counter-Affidavit and that the facts stated are true and
correct based on my personal knowledge and authentic records.

                                 [Signature over printed name]
                                 [Your Full Name]

JURAT

SUBSCRIBED AND SWORN to before me this [date] at [city/province], affiant exhibiting to me
[Type of Government ID] with No. [ID number], issued on [issue date] at [issuing agency].
I further certify that I personally examined the affiant who voluntarily executed and
understood the foregoing Counter-Affidavit.

                                 [Name and title of administering officer]
                                 [Official designation / Commission No., if Notary]
                                 [Office address]

Annex Index (sample)

Annex “A” – Secretary’s Certificate (authority to sign)
Annex “B” – Official Receipt No. 12345 dated 15 Jan 2025
Annex “C” – Photos of delivered items (3 pages)
Annex “D” – Message thread (WhatsApp) 01–10 Feb 2025 (15 pages)
Annex “E” – Access logs (system extract) with custodian note

15) Tips for tailoring to administrative cases

Retitle as “Counter-Affidavit/Comment” and cite the agency docket.
Check if the agency requires verification, specific number of copies, or email service to the complainant/field office.
For public officers, address lack of jurisdiction, official immunity/authority, absence of corrupt intent, or failure to state a cause for administrative liability under the applicable law or code of conduct.

16) Final practical advice

Be specific. Tie every defense to an element of the offense/charge or a documented fact.
Be complete on first filing. While replies may be allowed, don’t assume you’ll get another round.
Stay professional. Avoid personal attacks; stick to facts and law.
Keep a litigation file. Save your stamped receive copy, email proofs of service (if any), and a clean set of annexes.

If you’d like, tell me the forum (OCP/agency), offense/charge, and your key facts and I can shape the template above to your exact situation (wording, defenses, and annex list).