Counter‑Affidavit Against an HOA Dog Complaint in the Philippines
A Comprehensive Legal Guide

This article is written for educational purposes only and is not a substitute for individualized legal advice. Laws and regulations cited are current as of 20 April 2025.

1. Setting the Scene

Living in a subdivision governed by a Homeowners’ Association (HOA) means sharing common rules—often called deed restrictions, house rules, or community by‑laws. Because dogs are beloved family members yet capable of creating noise, injury, or sanitation issues, they are an almost perennial source of HOA conflict.
When a formal complaint is lodged—whether before the HOA board, the Barangay Lupon, the Department of Human Settlements and Urban Development (DHSUD, which absorbed the old HLURB), or the Office of the City/Provincial Prosecutor—you may be required (or be well advised) to file a counter‑affidavit. A counter‑affidavit is a sworn written statement that answers the allegations with facts, defenses, and evidence.

2. Why a Counter‑Affidavit and Not Just a Letter?

Forum where the dog complaint is pending	Name of your responsive pleading	Deadline by rule
HOA Board or Grievance Committee	Answer / Position Paper (often called a “reply”)	As fixed in HOA by‑laws (commonly 5–15 days)
Barangay (Katarungang Pambarangay)	Position paper or sworn statement	Before the date set for mediation; no statutory period but the Punong Barangay may fix one
DHSUD‑Arbiters (formerly HLURB)	Verified Answer	15 days from service of summons (2021 DHSUD Rules of Procedure)
Office of the City/Provincial Prosecutor (criminal aspect e.g., reckless imprudence, violation of RA 9482)	Counter‑Affidavit (Rule 112, § 3[b][2], Rules of Criminal Procedure)	10 days from receipt of subpoena

A counter‑affidavit is strictly required only in preliminary investigation of a criminal case. However, in practice many respondents label their sworn answer “counter‑affidavit” even in barangay or DHSUD proceedings to emphasize its evidentiary weight.

3. Governing Law at a Glance

Magna Carta for Homeowners and Homeowners’ Associations RA 9904
Authorizes HOAs to adopt rules on pets and imposes an internal dispute‑resolution mechanism.
Civil Code of the Philippines
Art. 694–697 (public nuisance), Art. 2183 (liability of owners and possessors of animals).
Rules of Court, Rule 112 (Preliminary Investigation)
Sets the 10‑day period and content standards for a counter‑affidavit.
Local Government Code RA 7160—Katarungang Pambarangay
Requires most neighborhood disputes (including minor animal controversies) to pass through barangay conciliation before any court action.
Animal Welfare Act RA 8485 as amended by RA 10631
Criminalizes cruelty or neglect of pets.
Anti‑Rabies Act RA 9482
Makes rabies vaccination, leashing in public, and dog registration mandatory; penalizes owners for bites and stray dogs.
Pertinent Local Ordinances and HOA Deed Restrictions
May cap the number of dogs, set quiet hours, require muzzling, etc.

4. Elements of a Defensible Counter‑Affidavit

Caption & Title
- “COUNTER‑AFFIDAVIT”
- Case title (e.g., “In Re: HOA Complaint No. 2025‑04—Juan Dela Cruz vs. Maria Reyes”).
Personal Introduction
- Full legal name, age, civil status, citizenship, address.
- Statement that you are the respondent and competent to testify.
Narration of Facts (Chronology)
- Objective timeline: acquisition of dog, registration, vaccination dates, alleged incident(s), subsequent HOA notices.
Specific Denials & Admissions
- Use numbered paragraphs mirroring the complaint.
- Plain denial for untrue allegations; qualified admission for partly true statements; affirmative allegations for new facts helpful to you.
Affirmative Defenses
- Lack of jurisdiction (e.g., HOA skipped barangay conciliation).
- No actionable nuisance (barking within reasonable hours, isolated incident).
- Due diligence (secured perimeter, training classes, immediate corrective measures).
- Provocation by complainant (dog barked or bit after complainant trespassed or provoked).
- Compliance documents: vet vaccination cards, city dog license, obedience‑training certificates.
Supporting Evidence (Annexes)
- Pictures or CCTV stills showing closed gate/leash.
- Vet records proving anti‑rabies shots.
- HOA permits or exemptions.
- Affidavits of neighbors attesting to minimal noise or good behavior.
- Receipts for waste‑disposal supplies, sound‑proof kennels, bark‑control devices, etc.
Prayer (Relief Sought)
- Dismissal of the complaint.
- Recovery of costs, if allowed.
- Any protective order against harassment, if warranted.
Verification & Jurat
- “I SOLEMNLY SWEAR that all the foregoing statements are true…”
- Signed before the investigating prosecutor, a notary public, or barangay secretary (depending on the forum).
Pagination & Service
- Rule of thumb: 1‑inch left margin, page and paragraph numbers, serve one copy per complainant plus the investigating body.

5. Step‑by‑Step Filing Workflow

Calendar the Deadline. Count ten (10) calendar days, not working days, from the date you actually received the subpoena or summons.
Gather Records Immediately. Vaccination card, vet bills, dog‑training certificates, CCTV download, neighbor contact list for witness affidavits.
Draft, Revise, Swear. Write in Filipino or English; avoid emotional language. Swear before the proper official.
File and Serve. Personally submit or send by registered mail/authorized courier. Obtain a stamped “Received” copy.
Keep Proof of Service for each party; failure to serve is a common ground to disregard your pleading.
Prepare for Clarificatory Hearing (if the prosecutor or arbiter sets one) or for barangay mediation.
Monitor for Resolution or Information. If the prosecutor finds probable cause, you may receive an information filed in court; evaluate whether to file a Motion for Reconsideration (Rule 112, § 4).
Simultaneous Compliance. Even while contesting the complaint, continuing to vaccinate, leash, clean after the dog, or install anti‑bark measures shows good faith and may persuade the decision‑maker to dismiss or reduce penalties.

6. Liability Landscape & Potential Sanctions

Statute / Rule	Possible Penalties
RA 9482 (Anti‑Rabies Act)	₱ 2 000–₱ 10 000 + dog impoundment for stray/ unvaccinated dog; up to ₱ 25 000 & imprisonment up to 6 mos if a bite victim is not assisted.
Civil Code Arts. 694–697	Abatement of nuisance, damages, injunction, attorney’s fees.
Civil Code Art. 2183	Presumed civil liability for injuries unless owner proves “adequate diligence.”
HOA Fines / Surcharges	As fixed in by‑laws, typically ₱ 1 000–₱ 5 000 per infraction, escalating for repeats.
DHSUD Infractions	Administrative fine up to ₱ 25 000 per violation of RA 9904 IRR.
Barangay Settlement	Compromise agreement; if breached, it can be enforced by execution or become evidence in court.

7. Draft Template (illustrative)

COUNTER‑AFFIDAVIT
I, MARIA T. REYES, Filipino, of legal age, married, and residing at Blk 8 Lot 12, Sampaguita Village, Parañaque City, after having been duly sworn, depose and state THAT:
1. I am the registered owner of a two‑year‑old shih tzu named “Biscuit,” microchip No. PH‑ 23‑‑001122, vaccinated against rabies on 15 January 2025, as evidenced by Annex “A.”
2. I VEHEMENTLY DENY paragraph 3 of the Complaint alleging that Biscuit “habitually roams unleashed.” Annex “B” (CCTV stills) shows the gate closed from 6 p.m. to 6 a.m. on 5 April 2025, the date of the alleged incident.
3. Assuming arguendo Biscuit barked at 10 p.m., such barking is an isolated response to fireworks during a barangay fiesta (Annex “C,” barangay permit). Isolated barking is not an actionable nuisance. (…) 4. Complainant suffered no injury, damage, or medical expense (see medical certificate, Annex “D,” indicating nil injuries).
5. Affirmative defenses:
a. The HOA failed to comply with the mandatory barangay conciliation under RA 7160, rendering the complaint premature;
b. There is no violation of Section 5, RA 9482 since Biscuit’s vaccination is up‑to‑date.
6. PRAYER: Wherefore, respondent prays that the complaint be DISMISSED for utter lack of factual and legal basis.
IN WITNESS WHEREOF, I hereunto affix my signature this 19 April 2025 in Parañaque City.

(Verification & Jurat follow.)

8. Practical Tips & Pitfalls

Never Ignore a Subpoena. Failure to submit a counter‑affidavit is not fatal—you cannot be forced to testify—but the prosecutor will decide based only on the complainant’s evidence.
Form Over Substance Matters. Unsigned, undated, or unsworn statements are “mere scraps of paper” and are routinely disregarded.
Beware of Self‑Contradiction. Consistency with any earlier written explanation to the HOA strengthens credibility.
Engage the HOA Early. Many boards will drop—or never file—a formal charge if you voluntarily install noise‑suppression mats or limit outdoor time.
Consider Mediation. Even after a case is filed, parties can submit a Compromise Agreement under Rule 3, DHSUD Rules or stipulate under Article 2035, Civil Code; a valid compromise has force of a final judgment.
Keep Evidence of Remedial Measures. Courts and administrative bodies view post‑incident diligence favorably when assessing “adequate diligence” under Art. 2183.
Separate Criminal From Civil Exposure. An acquittal in the criminal case does not automatically absolve you of civil liability for damages (Art. 29, Civil Code).

9. Frequently Asked Questions

Question	Concise Answer
Can the HOA confiscate my dog?	No. Only LGU dog pound officers or the BAI‑authorized rabies control team may impound, and only for grounds in RA 9482/local ordinance.
Does paying the HOA fine admit guilt?	Generally no, unless the fine is part of a written compromise that states otherwise. You may pay “under protest.”
What if the complainant was bitten?	The case often proceeds under RA 9482 and the Revised Penal Code (e.g., less‑serious physical injuries). A counter‑affidavit is still your first written defense.
Is an attorney required?	Not for barangay or initial prosecutor‑level submissions, but legal counsel increases the chance of early dismissal.

10. Key Takeaways

Know the procedural clock—10 days for a prosecutor‑level counter‑affidavit, 15 days for DHSUD.
Anchor every statement in documentary or testimonial proof.
Raise jurisdictional objections early (e.g., lack of barangay conciliation).
Demonstrate diligence, not just denial—vaccination, restraint, sanitation, noise control.
Aim for settlement but draft as if it will reach court.

11. Final Word

A well‑crafted, fact‑driven counter‑affidavit can nip an HOA dog complaint in the bud. Beyond legal defenses, cultivating neighborly goodwill—through transparent communication, training, and responsible pet ownership—remains the most durable solution.

Prepared by: [Your Name], J.D.