Counter-Affidavit Legal Fees in the Philippines

A 2025 practitioner-level primer (non-jurisprudential overview)

TL;DR

Filing a counter-affidavit with a public prosecutor is ordinarily free.

Your real cash outlay comes from (1) notarization, (2) photocopies & certified true copies, and (3) your lawyer’s professional fees.

Costs spike only if the dispute leaves the prosecutor’s office (e.g., escalates to the courts) or if you hire private counsel instead of the Public Attorney’s Office (PAO).

1. What exactly is a counter-affidavit?

Key Point	Snapshot
Purpose	It is the respondent’s sworn narrative and documentary defense to a criminal complaint during inquest or pre-investigation.
Authority	Rule 112 §3(b) of the Rules of Criminal Procedure empowers a respondent to “submit counter-affidavits and other supporting evidence” within the period fixed by the investigating prosecutor (commonly 10 days, extendible for good cause).
Status	It is not yet a pleading in court; it lives in the prosecutor’s docket. Hence no judiciary docket fees apply at this stage.
Form	Must be in writing, under oath (jurat), and accompanied by copies equal to the number of complainants plus two for the prosecutor.

2. Where do “legal fees” arise?

Possible Charge	Typical Payee	Ballpark (PHP)**	Notes & Legal Basis
Notarial fee (jurat)	Notary Public	₱50 – ₱150 per document (Metro Manila average); cap = ₱100 under §2, 2019 Rules on Notarial Practice (though local IBP chapters may approve up to ₱200)	Must appear in the notary’s register; ask for an official receipt.
Certification / photocopy fees	Prosecutor’s Office	₱5 – ₱10 per page for official copies; ₱75–₱150 per certification	Provincial Circulars differ; fees are deposited with the National Prosecution Service trust fund.
Documentary stamp tax (DST)	BIR via e-stamp	₱30 for each original plus ₱15 per annex if required (rare—only where document is “original” evidence of obligations)	Usually not assessed on counter-affidavits, but some prosecutors still ask for DST on SPA attachments.
Attorney’s professional fees	Private counsel	Acceptance: ₱20,000 – ₱80,000 (simple estafa/libel case); Hourly: ₱2,500 – ₱6,000; PAO: Free (if indigent)	Sup. Ct. Code of Professional Responsibility & Accountability (CPRA 2023) requires fees to be “reasonable” considering time, novelty, and client’s means.
Miscellaneous (printing, courier)	Commercial shops	₱2 – ₱5 per page (print); ₱100 – ₱300 (bike courier within NCR)	Speed matters: late filing = waiver of defenses.

**These numbers reflect Manila–Cebu–Davao urban averages as of Q2 2025. Fees in small towns are often 30-50 % lower.

3. Why you usually don’t pay a “filing fee”

Administrative, not judicial. Prosecutors are executive officials; there is no statutory authority (and no SC Legal Fees schedule) to collect docket fees for criminal pre-investigation.
Public service orientation. The Prosecution Service Act (RA 10071) funds the process through the national budget.
Exception – Private offenses filed directly in court. If the complainant skips the prosecutor (allowed for libel, BP 22, etc.) and you file a counter-affidavit as an Answer in the court case, normal docket fees under Rule 141 apply.

4. Breakdown of attorney’s fees

Fee Component	Typical Practice	Tips for Clients
Consultation/assessment	Free to ₱3,000 (first meeting)	Ask up-front if deductible from acceptance fee.
Acceptance/retainer	Lump-sum to cover study, drafting, filing, and one hearing	Negotiate scope: Does it include attending clarificatory hearings?
Appearance fee	₱5,000+ per half-day (NCR benchmark)	Travel outside counsel’s city may add per-diem + airfare.
Success or incentive fee	10 – 20 % of expected civil compromise (if any)	Bar rules forbid contracts contingent on acquittal; fee must still be “reasonable.”

Pro-tip: If your income after tax does not exceed the current poverty threshold (₱14,000 monthly for a family of five, PSA 2024) you qualify for PAO representation at zero cost, including notarization.

5. Step-by-step cost map (respondent’s POV)

Receive subpoena/notice → Free
Consult lawyer / PAO → ₱0 to ₱3,000
Draft counter-affidavit → Lawyer’s fee or DIY
Annex documents & notarize → ₱100 – ₱500
Photocopy sets (say 6 sets × 10 pages) → ₱300
File with prosecutor → Free (plus certification fee if you later request copies)
Appear at clarificatory hearing (if called) → Lawyer appearance fee or PAO gratis
Receive resolution → ₱75 certification (optional)

Typical out-of-pocket if hiring private counsel: ₱25,000 – ₱90,000 Typical out-of-pocket if PAO/DIY: < ₱1,000

6. Special contexts

Forum	Is there a filing fee?	Peculiarities
Barangay Lupon (for punishable acts within lupon jurisdiction)	None	Counter-affidavit may be filed but is usually an oral narration; notarization unnecessary.
Office of the Ombudsman (criminal or administrative)	None for counter-affidavit; ₱150 per certification	Must be verified; notarization mandatory.
Bureau of Immigration (deportation complaints)	None; BI collects ₱10/page for records	Counter-affidavit must be in four sets.
COMELEC Law Department	None	Must follow COMELEC Rules of Procedure; DST on SPA often enforced.

7. Reducing or recovering costs

Indigency affidavit → Unlocks PAO and may waive notarial fee (some notaries do pro-bono).
Group retainer → Co-respondents may share a single lawyer and split fees.
Early compromise → If the law allows (e.g., BP 22), a settlement before the prosecutor’s resolution ends attorney’s appearances early.
Small claims for fee recovery → In rare cases, if you win and prove the complaint was malicious, you may recover “actual expenses” and attorney’s fees under Art. 2208 (Civil Code) when you later file an action for damages.

8. Overcharging & ethical caps

Notaries exceeding the IBP-approved maximum can be sanctioned (suspension or revocation of commission).
Lawyers must issue BIR-registered official receipts for every payment (CPRA Canon III). Failure may trigger both disciplinary (IBP) and tax liabilities.
Client may file a verified complaint with the IBP’s Commission on Bar Discipline within five years of overcharging.

9. Practical checklist (respondent)

✅ Item	Why it matters
1. Signed subpoena/notice	Triggers 10-day countdown.
2. Government ID for notarization	Required under §12, Notarial Rules.
3. At least three photocopies of every annex	One for prosecutor, one for complainant, one for your file (plus extra if multiple complainants).
4. Loose documentary stamps (if SPA attached)	Some prosecutors refuse reception without DST.
5. Exact fare or GCash for certification fees	Cashier queues can be long—come early.

10. Frequently asked questions

Q 1: Can I email my counter-affidavit? A: Only if the prosecutor expressly allows e-filing (pilot offices in Manila, Makati, QC, Cebu, Davao). You must still submit wet-ink originals within three days.

Q 2: What if I miss the 10-day deadline because I can’t afford notarization? A: File a motion for extension (no fee) before the deadline; attach a financial affidavit. Prosecutors routinely grant a 5- to 10-day extension.

Q 3: Is a counter-affidavit different from a sworn statement in police blotter? A: Yes. The counter-affidavit is a formal responsive pleading under Rule 112; the blotter entry is mere documentary evidence.

Q 4: Can I recoup my lawyer’s acceptance fee if the case is dismissed? A: Generally no. Attorney’s fees are a private contract. You must prove bad faith or malpractice to demand a refund.

11. Bottom line

No government “filing fee” attaches to a prosecutor-level counter-affidavit.
Your spend is dominated by professional fees and modest notarial costs.
PAO, law school legal aid clinics, and IBP legal aid desks exist precisely to ensure that ability to pay never becomes a barrier to filing a timely, properly notarized defense.

This article is informational and not a substitute for individualized legal advice.