A Legal Article in the Philippine Context

A rejoinder affidavit is a sworn written statement submitted by a party to answer matters raised in a reply-affidavit. In Philippine practice, it commonly appears in preliminary investigations, administrative proceedings, labor cases, and other quasi-judicial or fact-finding processes where issues are developed through successive affidavits rather than live testimony.

It is not always a matter of right. Whether a rejoinder affidavit may be filed depends on the rules of the forum, the order of the prosecutor, hearing officer, tribunal, agency, or court, and the stage of the proceedings. When allowed, it gives the submitting party a final opportunity to clarify factual issues, rebut new allegations, explain documentary evidence, and preserve arguments before the matter is submitted for resolution.

A well-drafted rejoinder affidavit is concise, sworn, factual, responsive, and supported by evidence. A poorly drafted one merely repeats earlier allegations, argues emotionally, introduces irrelevant matters, or attempts to cure defects that should have been addressed in the counter-affidavit or complaint-affidavit.

I. Meaning of a Rejoinder Affidavit

A rejoinder affidavit is an affidavit filed in response to a reply-affidavit.

In a typical affidavit-exchange sequence, the order may look like this:

Complaint-affidavit — the initiating affidavit of the complainant.
Counter-affidavit — the respondent’s sworn answer.
Reply-affidavit — the complainant’s response to the counter-affidavit.
Rejoinder affidavit — the respondent’s response to the reply-affidavit.

In some proceedings, the terms may vary. A party may refer to it as a “rejoinder,” “rejoinder-affidavit,” “supplemental counter-affidavit,” or “affidavit in reply to reply-affidavit,” depending on the forum. The important point is its procedural function: it answers matters raised after the original counter-affidavit.

II. Purpose of a Rejoinder Affidavit

The main purposes of a rejoinder affidavit are:

1. To answer new factual allegations

If the reply-affidavit introduces facts not previously alleged, the opposing party may need to respond. A rejoinder affidavit prevents those new allegations from standing unanswered.

2. To clarify misunderstood statements

A reply-affidavit may misquote, distort, or mischaracterize the respondent’s counter-affidavit. The rejoinder affidavit allows the affiant to correct the record.

3. To rebut newly attached documents

If the reply-affidavit attaches receipts, screenshots, contracts, letters, sworn statements, medical records, business documents, or other evidence, the rejoinder affidavit may explain, deny, authenticate, dispute, or contextualize them.

4. To prevent unfair surprise

A party should not be prejudiced by new allegations raised late in the affidavit exchange. The rejoinder affidavit helps maintain fairness by giving the affected party a chance to answer.

5. To narrow the issues

A good rejoinder affidavit identifies what is truly disputed, what has already been answered, what is immaterial, and what remains unsupported.

6. To preserve factual defenses

In proceedings decided mainly on affidavits, failure to respond to an important allegation may be treated adversely. A rejoinder affidavit helps preserve the party’s factual position.

III. Common Philippine Proceedings Where Rejoinder Affidavits Are Used

A. Preliminary investigation in criminal cases

Rejoinder affidavits are common in preliminary investigations before the Office of the City Prosecutor, Provincial Prosecutor, Department of Justice, Office of the Ombudsman, or similar investigating authority.

In criminal complaints, the complainant usually files a complaint-affidavit. The respondent files a counter-affidavit. The complainant may file a reply-affidavit. The respondent may then ask leave, or may be directed, to file a rejoinder affidavit.

The rejoinder affidavit may be significant because prosecutors often decide probable cause based on affidavits and documents, not courtroom testimony.

B. Administrative proceedings

Government agencies, professional regulatory bodies, school disciplinary boards, and internal administrative bodies may allow position papers, affidavits, counter-affidavits, replies, and rejoinders.

Examples include administrative complaints involving public officers, professionals, students, employees, regulated entities, or license holders.

C. Labor proceedings

In labor cases, especially before labor arbiters, parties may submit position papers, replies, rejoinders, affidavits, and documentary evidence. Although the form may not always be called a “rejoinder affidavit,” the function is similar: to answer the other party’s reply or supplemental allegations.

D. Civil or special proceedings

Affidavits may be used in motions, injunction applications, contempt proceedings, family-related incidents, corporate disputes, or other matters where factual issues are submitted by affidavit. A rejoinder affidavit may be used when permitted by the court or rules.

E. Barangay, school, corporate, and private disciplinary proceedings

Even outside strictly judicial forums, a rejoinder affidavit may be used in fact-finding investigations where parties are allowed to submit sworn statements.

IV. Is a Rejoinder Affidavit Always Allowed?

No.

A rejoinder affidavit is not automatically allowed in every proceeding. The filing depends on:

the applicable rules;
the discretion of the prosecutor, hearing officer, agency, or court;
whether new matters were raised in the reply-affidavit;
whether the filing will delay the proceedings;
whether due process requires that the party be allowed to respond.

In many cases, a party files a Motion for Leave to File Rejoinder Affidavit when the rules or prior order do not expressly allow it. In other cases, the investigating officer directly orders or allows the submission of a rejoinder within a fixed period.

A party should not assume that it may file unlimited pleadings or affidavits. Rejoinders are usually limited to answering new matters raised in the reply-affidavit.

V. Nature of a Rejoinder Affidavit

A rejoinder affidavit is:

1. Sworn

It must be made under oath before a notary public or officer authorized to administer oaths. Because it is sworn, false statements may expose the affiant to legal consequences.

2. Personal

The affiant should state facts based on personal knowledge. Matters based on records, information, or belief should be identified as such.

3. Evidentiary

The affidavit may serve as evidence in the proceeding. It should therefore be clear, credible, and supported by attachments when necessary.

4. Responsive

It should answer the reply-affidavit, not reargue the entire case from the beginning.

5. Limited

It should not be used to introduce unrelated issues, harass the other party, or expand the dispute unnecessarily.

VI. Difference Between a Counter-Affidavit, Reply-Affidavit, and Rejoinder Affidavit

Counter-affidavit

A counter-affidavit is usually the respondent’s first sworn answer to the complaint. It denies, admits, qualifies, or explains the allegations and presents defenses.

Reply-affidavit

A reply-affidavit is usually the complainant’s response to the counter-affidavit. It may rebut defenses, clarify allegations, or attach additional evidence.

Rejoinder affidavit

A rejoinder affidavit is usually the respondent’s answer to the reply-affidavit. It deals with the new matters, clarifications, inconsistencies, or evidence raised in the reply.

The rejoinder should not merely restate the counter-affidavit. Its value lies in identifying and answering what changed after the counter-affidavit was filed.

VII. When a Rejoinder Affidavit Is Necessary

A rejoinder affidavit may be necessary when the reply-affidavit:

introduces new facts;
attaches new documents;
presents new witnesses;
mischaracterizes the counter-affidavit;
raises new legal theories tied to facts;
claims admissions that were not actually made;
provides a new timeline;
contradicts earlier allegations;
attempts to cure defects in the complaint;
contains false, misleading, or incomplete statements;
raises credibility attacks that require factual response.

It may be unnecessary when the reply-affidavit merely repeats the complaint, makes general denials, or raises arguments already answered in the counter-affidavit.

VIII. Strategic Considerations Before Drafting

Before drafting, the affiant or counsel should ask:

1. Was the rejoinder allowed?

Check whether the forum allows a rejoinder as of right, by order, or only with leave.

2. What exactly is new in the reply-affidavit?

Highlight new allegations, new documents, new dates, new names, new theories, and new inconsistencies.

3. What should not be repeated?

Avoid copying the counter-affidavit. Repetition weakens the rejoinder and may irritate the deciding officer.

4. What evidence is needed?

Documents should be attached when they directly support the rejoinder. Unnecessary attachments can clutter the record.

5. What admissions must be avoided?

Careless phrasing may create unintended admissions. Each paragraph should be reviewed for legal and factual implications.

6. Is the tone appropriate?

The rejoinder should be firm but professional. Personal attacks, sarcasm, exaggeration, and inflammatory language usually weaken credibility.

IX. Parts of a Rejoinder Affidavit

A Philippine-style rejoinder affidavit generally contains the following parts:

Caption
Title
Introductory statement
Personal circumstances of the affiant
Statement of purpose
Numbered factual allegations
Specific responses to the reply-affidavit
Discussion of supporting documents
Reservation or reaffirmation, when appropriate
Prayer or concluding statement
Signature of affiant
Jurat
Notarial details
Attachments or annexes

X. Caption

The caption identifies the forum, parties, case title, docket number, and nature of the filing.

Example:

Republic of the Philippines Department of Justice Office of the City Prosecutor City of Manila

JUAN DELA CRUZ, Complainant,

-versus-

PEDRO SANTOS, Respondent.

NPS Docket No. XV-XX-INV-XX-XXXXX For: Estafa

XI. Title

The title should be direct:

REJOINDER AFFIDAVIT

REJOINDER-AFFIDAVIT OF PEDRO SANTOS

If the filing requires leave, the title may be:

MOTION FOR LEAVE TO FILE REJOINDER AFFIDAVIT WITH ATTACHED REJOINDER AFFIDAVIT

XII. Introductory Statement

The affidavit usually begins with a standard oath statement:

I, PEDRO SANTOS, of legal age, Filipino, married, and residing at 123 Mabini Street, Manila, after having been duly sworn in accordance with law, depose and state:

The affiant’s personal circumstances should be accurate. Include citizenship, civil status, address, and other details customarily required by the forum.

XIII. Statement of Purpose

The affidavit should state why it is being filed:

I am executing this Rejoinder Affidavit to answer the new allegations and documents raised by complainant Juan Dela Cruz in his Reply-Affidavit dated 10 March 2026.

This helps frame the affidavit as responsive and limited.

XIV. Numbered Paragraphs

Philippine affidavits are commonly drafted in numbered paragraphs. This makes it easier for the prosecutor, agency, court, or opposing party to refer to specific statements.

Each paragraph should ideally contain one main fact or point.

Poor drafting:

The complainant is lying and his evidence is fake and I never received the money and he has no proof and the messages are incomplete.

Better drafting:

I deny complainant’s allegation in paragraph 12 of his Reply-Affidavit that I received the amount of ₱150,000.00 on 15 January 2025.

The bank record attached as Annex “1” shows that no such deposit was made to my account on 15 January 2025.

The screenshots attached by complainant as Annex “C” are incomplete because they omit my messages dated 14 and 16 January 2025, copies of which are attached as Annexes “2” and “3.”

XV. Responding to Specific Allegations

The strongest rejoinder affidavits answer specific allegations.

A useful format is:

Identify the allegation.
State whether it is denied, admitted, qualified, or explained.
Provide the correct facts.
Refer to supporting evidence.
Explain why the allegation is immaterial, false, incomplete, or misleading.

Example:

In paragraph 7 of his Reply-Affidavit, complainant alleges that I promised to deliver the equipment on 20 February 2025. This is inaccurate.

What I stated in my message dated 18 February 2025 was that delivery was “subject to supplier confirmation.” A copy of the complete message thread is attached as Annex “4.”

Therefore, complainant’s claim that I made an unconditional promise to deliver on 20 February 2025 is misleading.

XVI. Denials Should Be Specific

General denials are weak.

Weak denial:

I deny all the allegations in the Reply-Affidavit.

Better denial:

I specifically deny the allegation in paragraph 9 of the Reply-Affidavit that I personally received the cash payment of ₱80,000.00 from complainant on 3 April 2025.

I was in Cebu City on 3 April 2025 for a work assignment, as shown by my boarding pass and hotel invoice attached as Annexes “5” and “6.”

A specific denial supported by documents is more persuasive than a broad denial.

XVII. Admissions and Qualified Admissions

Not every statement must be denied. Credibility may improve when the affiant admits facts that are true but qualifies them properly.

Example:

I admit that I met complainant on 5 May 2025 at Quezon City. However, I deny that complainant handed me any money during that meeting.

The meeting concerned a possible future transaction, not the alleged completed sale described in the Reply-Affidavit.

Qualified admissions should be carefully worded to prevent misunderstanding.

XVIII. Addressing New Documents Attached to the Reply-Affidavit

A rejoinder affidavit often becomes necessary because the reply-affidavit attaches new documents.

When addressing documents, consider the following:

1. Authenticity

Is the document genuine? Was it signed by the affiant? Was it altered?

Example:

I deny that the document attached as Annex “D” to the Reply-Affidavit is an authentic copy of the agreement I signed.

2. Completeness

Is the document incomplete or taken out of context?

Example:

Annex “D” omits page 2 of the agreement, which contains the payment schedule. A complete copy is attached as Annex “7.”

3. Relevance

Does the document actually prove the point claimed?

Example:

The receipt attached as Annex “E” does not show that payment was made to me. It merely shows a cash withdrawal by complainant from his own account.

4. Source

Who prepared the document? Is it self-serving?

Example:

The handwritten computation attached as Annex “F” was prepared solely by complainant and was never shown to, confirmed, or signed by me.

5. Date and sequence

Does the document fit the timeline?

Example:

The email attached as Annex “G” was sent on 10 June 2025, after the alleged transaction had already been cancelled on 5 June 2025.

XIX. Handling Screenshots, Text Messages, and Online Communications

In modern Philippine practice, rejoinder affidavits frequently address screenshots from Messenger, Viber, Telegram, WhatsApp, email, SMS, social media, and online platforms.

When responding to screenshots, examine:

whether the conversation is complete;
whether dates and timestamps are visible;
whether sender identity is clear;
whether messages before and after the screenshot were omitted;
whether the screenshot may have been edited;
whether the account actually belongs to the affiant;
whether the statements are being interpreted out of context.

Example:

The screenshots attached as Annexes “H” to “H-3” of the Reply-Affidavit are incomplete. They show only selected portions of our conversation.

The complete conversation shows that I repeatedly informed complainant that no final agreement had been reached. Copies of the omitted messages are attached as Annexes “8” to “8-C.”

Avoid making technical accusations such as “fabricated” or “forged” unless there is a factual basis.

XX. Handling Allegations of Fraud, Estafa, or Deceit

In criminal complaints involving estafa or fraud, a rejoinder affidavit should focus on facts relevant to deceit, intent, receipt of money or property, contractual obligations, and subsequent conduct.

Possible points to address:

Was there a false representation?
Was the representation made before or at the time of the transaction?
Did the complainant rely on it?
Was money or property actually delivered?
Was the dispute merely civil or contractual?
Were there partial payments, attempts to perform, or negotiations?
Was there good faith?
Are the documents consistent with the complainant’s story?

Example:

I deny complainant’s claim that I had no intention to perform my obligation from the beginning.

As shown by the purchase orders and supplier correspondence attached as Annexes “9” to “11,” I took steps to procure the items after the agreement.

The delay was caused by supplier cancellation, not by deceit or fraudulent intent on my part.

The goal is not merely to deny liability, but to show why the facts do not support probable cause or administrative liability.

XXI. Handling Allegations of Physical Injury, Threats, or Harassment

For complaints involving physical acts, threats, harassment, or confrontation, the rejoinder affidavit should carefully address:

location;
date and time;
persons present;
sequence of events;
physical distance;
CCTV, photos, medical records, police blotter entries;
prior relationship of the parties;
inconsistencies between affidavits;
motive to fabricate;
whether the affiant was elsewhere.

Example:

I deny that I threatened complainant on 12 August 2025 at Barangay San Isidro.

At around 3:00 p.m. on that date, I was attending a company seminar in Makati City, as shown by the attendance sheet and certificate attached as Annexes “12” and “13.”

XXII. Handling Labor and Employment Matters

In labor disputes, a rejoinder affidavit may answer new allegations regarding dismissal, resignation, wages, benefits, workplace incidents, company policies, notices, or disciplinary procedures.

For employees, it may clarify:

actual work performed;
unpaid wages or benefits;
circumstances of dismissal;
lack of due process;
coercion in resignation;
employer control;
working hours;
illegal deductions.

For employers, it may clarify:

notices issued;
company policies;
attendance records;
payroll records;
authorized causes;
just causes;
procedural due process;
voluntary resignation;
payment of final wages.

Example:

I deny respondent company’s allegation in its Reply that I voluntarily abandoned my work.

I reported for work on 3, 4, and 5 September 2025, but I was refused entry by the security guard upon instruction of management.

Copies of my text messages to HR asking why I was barred from work are attached as Annexes “14” to “14-B.”

XXIII. Handling Administrative Complaints

Administrative proceedings often examine whether a person violated rules, standards of conduct, internal regulations, or professional obligations.

A rejoinder affidavit should answer:

what duty allegedly existed;
whether the affiant was responsible;
whether the act happened;
whether the act was authorized;
whether there was notice and opportunity to explain;
whether the penalty sought is disproportionate;
whether there are mitigating circumstances.

Example:

I deny that I refused to comply with the office directive.

I requested clarification because the directive conflicted with the earlier memorandum dated 2 October 2025. My email requesting clarification is attached as Annex “15.”

XXIV. Structure of the Main Body

A clear rejoinder affidavit may be organized as follows:

A. Preliminary statement

Briefly state the purpose and scope.

B. Response to new allegations

Use headings if the affidavit is long.

Example:

A. The alleged payment of ₱150,000.00 was never made to me.

C. Response to new documents

Discuss documents one by one.

D. Correction of misstatements

Identify misquotations or misleading statements.

E. Reaffirmation of prior defenses

Briefly reaffirm the counter-affidavit without repeating it in full.

F. Final statement

State that the affidavit is executed to attest to the truth and to support the dismissal or denial of the complaint.

XXV. Use of Headings

Headings are helpful in complex rejoinders. They guide the reader and make the affidavit more persuasive.

Examples:

The Reply-Affidavit raises no new material matter.
The screenshots are incomplete and misleading.
The alleged payment is unsupported by competent proof.
The transaction was civil in nature and involved no deceit.
The complainant’s new timeline contradicts his complaint-affidavit.

Headings should be argumentative enough to orient the reader but not so excessive that the affidavit looks like a memorandum rather than a sworn statement.

XXVI. Language and Tone

The best tone is:

factual;
respectful;
direct;
controlled;
confident;
specific.

Avoid phrases such as:

“Complainant is obviously lying.”
“This is pure nonsense.”
“The allegations are malicious garbage.”
“The prosecutor should not waste time on this case.”
“The other party is desperate.”

Better alternatives:

“The allegation is inaccurate.”
“The statement is unsupported by the attached documents.”
“The Reply-Affidavit omits material facts.”
“The new allegation is inconsistent with complainant’s earlier statement.”
“The document does not prove the fact for which it is offered.”

Professional tone improves credibility.

XXVII. Evidence and Annexes

A rejoinder affidavit should attach documents only when they are useful.

Common annexes include:

contracts;
receipts;
bank records;
emails;
screenshots;
demand letters;
medical records;
photographs;
CCTV stills;
police blotter entries;
company records;
attendance sheets;
payroll records;
certificates;
affidavits of witnesses;
government-issued documents;
business records;
delivery records;
courier tracking;
official correspondence.

Each annex should be marked clearly: Annex “1,” Annex “2,” Annex “A,” Annex “B,” depending on the chosen convention or forum practice.

Example:

Attached as Annex “3” is a copy of my bank statement for January 2025 showing that no deposit of ₱150,000.00 was made on 15 January 2025.

The affidavit should not attach documents without explaining their relevance.

XXVIII. Witness Affidavits

Sometimes, the rejoinder affidavit should be accompanied by affidavits of witnesses.

A supporting witness affidavit may be useful when:

another person was present during the incident;
another person received or sent relevant communication;
another person can authenticate a document;
another person can confirm the affiant’s location;
another person can contradict the reply-affidavit;
business or employment records need explanation.

However, the affiant should not state facts that only another witness personally knows. Instead, that witness should execute a separate affidavit.

XXIX. Personal Knowledge Requirement

An affidavit should be based on personal knowledge.

Good wording:

I personally attended the meeting on 5 May 2025.

I personally received the email attached as Annex “2.”

I saw complainant leave the premises at around 4:30 p.m.

Careful wording for records:

Based on the company attendance record kept in the regular course of business, complainant was absent on 10 July 2025.

Avoid pretending to personally know matters that are only based on hearsay, speculation, or assumption.

XXX. Avoiding Hearsay Problems

Affidavits in preliminary investigations and administrative proceedings are often treated with more flexibility than strict trial testimony, but hearsay can still weaken credibility.

Weak statement:

Maria told me that complainant admitted he was lying.

Better approach:

Attached is the affidavit of Maria Reyes, who personally heard complainant’s statement during the meeting on 10 June 2025.

Where possible, use direct testimony from the person with personal knowledge.

XXXI. Consistency with Earlier Affidavits

A rejoinder affidavit must be consistent with the counter-affidavit. Inconsistencies can damage credibility.

Before finalizing the rejoinder, compare it with:

the counter-affidavit;
attached documents;
prior letters;
messages;
pleadings;
police blotter entries;
company records;
demand letters;
settlement communications;
earlier sworn statements.

If a clarification is needed, explain it directly.

Example:

In my Counter-Affidavit, I stated that I met complainant in April 2025. To clarify, the exact date of the meeting was 28 April 2025, as shown by the calendar entry attached as Annex “16.”

Do not ignore inconsistencies. Explain them before the opposing party exploits them.

XXXII. Legal Arguments in a Rejoinder Affidavit

An affidavit is primarily factual. Legal arguments are usually better placed in a memorandum, position paper, comment, or motion. However, brief legal conclusions may appear when tied to facts.

Acceptable:

These facts show that the matter arose from a contractual dispute and not from any fraudulent representation made by me at the beginning of the transaction.

Less ideal:

Under settled jurisprudence, the elements of estafa are absent, and the complaint should be dismissed for lack of probable cause.

The second statement may be more appropriate for a memorandum or motion, though practice varies. In many prosecutor-level filings, affidavits often contain some legal conclusions, but they should not overwhelm the factual narrative.

XXXIII. Common Mistakes in Drafting a Rejoinder Affidavit

1. Repeating the counter-affidavit

A rejoinder is not a second counter-affidavit. It should respond to the reply.

2. Ignoring new documents

If the reply-affidavit attaches documents, discuss them. Silence may be risky.

3. Over-arguing

An affidavit should not read like a hostile pleading. Facts matter most.

4. Making unsupported accusations

Alleging falsification, fabrication, perjury, bad faith, or conspiracy without basis can backfire.

5. Attaching too many irrelevant documents

More documents do not always mean a stronger case. Attach only what helps.

6. Failing to authenticate attachments

Explain what each document is and how the affiant knows it.

7. Using vague denials

Specific allegations require specific answers.

8. Missing the deadline

Late rejoinders may be disregarded.

9. Filing without leave when leave is required

An unauthorized rejoinder may be ignored or opposed.

10. Introducing entirely new defenses too late

New defenses may be viewed with suspicion if they could have been raised earlier.

XXXIV. Deadlines

Deadlines vary by forum and order.

A party may be given a specific number of days to file a rejoinder affidavit. The period may be counted from receipt of the reply-affidavit or from notice of an order allowing the rejoinder.

Because missed deadlines can result in the case being submitted for resolution without the rejoinder, the party should immediately note:

date of receipt of the reply-affidavit;
method of service;
applicable rule or order;
last day to file;
forum’s filing hours;
required number of copies;
mode of filing;
proof of service.

In Philippine practice, filing requirements may differ among prosecutors’ offices, courts, labor offices, administrative agencies, and electronic filing systems.

XXXV. Filing and Service

A rejoinder affidavit is usually filed with the office or tribunal handling the case. Copies may need to be served on the opposing party or counsel.

Check whether the forum requires:

personal filing;
registered mail;
accredited courier;
email filing;
electronic filing system;
proof of service;
notarized original;
duplicate copies;
annexes with markings;
soft copies;
verification or certification;
MCLE or counsel information, where applicable.

A defective filing may delay consideration of the rejoinder.

XXXVI. Notarization

A rejoinder affidavit must be notarized or sworn before an authorized officer.

The affiant should personally appear before the notary or authorized officer, present competent evidence of identity, and sign the affidavit. The jurat should indicate that the affiant swore to the truth of the statements.

A notarized affidavit becomes a public document, but notarization does not automatically make its contents true. It only confirms that the affidavit was sworn and executed in the required manner.

XXXVII. The Jurat

A typical jurat reads:

SUBSCRIBED AND SWORN to before me this ___ day of __________ 2026 in __________, Philippines, affiant exhibiting to me his/her competent evidence of identity, specifically __________ issued on __________ at __________.

The exact notarial wording may vary. The notary will usually complete the notarial details.

XXXVIII. Sample Rejoinder Affidavit

Below is a general sample for Philippine practice. It should be adapted to the facts, forum, and applicable rules.

REPUBLIC OF THE PHILIPPINES CITY OF __________ OFFICE OF THE CITY PROSECUTOR

JUAN DELA CRUZ, Complainant,

-versus-

PEDRO SANTOS, Respondent.

NPS Docket No. __________ For: __________

REJOINDER AFFIDAVIT

I, PEDRO SANTOS, of legal age, Filipino, married, and residing at ______________________, after having been duly sworn in accordance with law, depose and state:

I am the respondent in the above-captioned case.
I am executing this Rejoinder Affidavit to answer the new allegations and documents raised by complainant Juan Dela Cruz in his Reply-Affidavit dated __________.
I reaffirm the statements in my Counter-Affidavit dated __________, except as further clarified in this Rejoinder Affidavit.
In paragraph ___ of his Reply-Affidavit, complainant alleges that ____________________. This allegation is false/inaccurate/misleading.
The truth is that ____________________.
Attached as Annex “1” is ____________________, which shows that ____________________.
Complainant also attached as Annex “___” a copy of ____________________. Said document does not prove his allegation because ____________________.
The document is incomplete/misleading because ____________________. A complete/correct copy is attached as Annex “2.”
I specifically deny complainant’s allegation that ____________________.
On the date and time alleged by complainant, I was ____________________, as shown by ____________________, attached as Annex “3.”
The Reply-Affidavit also mischaracterizes my statement in paragraph ___ of my Counter-Affidavit. I did not state that ____________________. What I stated was ____________________.
The new allegations in the Reply-Affidavit are inconsistent with complainant’s earlier Complaint-Affidavit because ____________________.
Complainant has not presented competent proof that ____________________.
I therefore respectfully submit that the Reply-Affidavit does not overcome the facts and defenses stated in my Counter-Affidavit.
I am executing this Rejoinder Affidavit to attest to the truth of the foregoing statements and to support the dismissal/denial of the complaint against me.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of __________ 2026 in __________, Philippines.

PEDRO SANTOS Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________ 2026 in __________, Philippines, affiant exhibiting to me his/her competent evidence of identity, specifically ____________________.

Doc. No. ___; Page No. ___; Book No. ___; Series of 2026.

XXXIX. Sample Rejoinder Affidavit With More Detailed Factual Treatment

This example illustrates a more developed response.

REPUBLIC OF THE PHILIPPINES CITY OF MAKATI OFFICE OF THE CITY PROSECUTOR

MARIA REYES, Complainant,

-versus-

ANTONIO CRUZ, Respondent.

NPS Docket No. __________ For: Estafa

REJOINDER AFFIDAVIT

I, ANTONIO CRUZ, of legal age, Filipino, single, and residing at ______________________, after being duly sworn in accordance with law, depose and state:

I am the respondent in this case.
I execute this Rejoinder Affidavit to answer the new allegations contained in complainant Maria Reyes’s Reply-Affidavit dated 15 February 2026.
I reaffirm my Counter-Affidavit dated 30 January 2026.

The alleged unconditional promise to deliver is inaccurate.

In paragraph 6 of her Reply-Affidavit, complainant claims that I made an unconditional promise to deliver the subject items on 10 December 2025.
This is inaccurate. My message to complainant dated 5 December 2025 expressly stated that the delivery date was “subject to supplier confirmation.”
A complete copy of the message thread is attached as Annex “1.”
Complainant’s Annex “C” is incomplete because it omits the preceding and succeeding messages that qualify the delivery date.

The alleged payment was not made to me personally.

In paragraph 8 of her Reply-Affidavit, complainant alleges that she personally handed me ₱200,000.00 in cash on 1 December 2025.
I specifically deny this allegation.
I did not meet complainant on 1 December 2025. I was in Cebu City from 30 November 2025 to 2 December 2025 for a business trip.
Attached as Annexes “2” and “3” are copies of my airline ticket and hotel invoice.
Complainant has not attached any receipt signed by me or any bank record showing payment to my account.

The documents attached to the Reply-Affidavit do not show deceit.

Complainant attached as Annex “D” a handwritten computation allegedly showing the amount due.
I did not prepare, sign, or approve Annex “D.”
Annex “D” is complainant’s own computation and does not prove that I received money or made any false representation.
After the supplier cancelled the order, I informed complainant of the situation and offered to return the amount actually received by the business account, subject to reconciliation of expenses.
Copies of my emails dated 12 and 15 December 2025 are attached as Annexes “4” and “5.”

The dispute is contractual and arose from supplier delay.

The records show that I attempted to perform the agreement.
Attached as Annexes “6” and “7” are copies of my communications with the supplier.
These documents show that the delay was caused by the supplier’s failure to release the items, not by any fraudulent intent on my part.
I therefore respectfully submit that the Reply-Affidavit does not establish the allegations against me.
I am executing this Rejoinder Affidavit to attest to the truth of the foregoing and to support the dismissal of the complaint.

IN WITNESS WHEREOF, I have signed this Rejoinder Affidavit this ___ day of __________ 2026 in Makati City, Philippines.

ANTONIO CRUZ Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________ 2026 in Makati City, Philippines, affiant exhibiting to me his competent evidence of identity, specifically ____________________.

Doc. No. ___; Page No. ___; Book No. ___; Series of 2026.

XL. Motion for Leave to File Rejoinder Affidavit

When a rejoinder is not expressly allowed, a party may file a short motion asking permission.

Sample:

MOTION FOR LEAVE TO FILE REJOINDER AFFIDAVIT

Respondent, through counsel, respectfully states:

Complainant filed a Reply-Affidavit dated __________, which was received by respondent on __________.
The Reply-Affidavit raises new factual allegations and attaches new documents that were not included in the Complaint-Affidavit.
In the interest of due process and to assist this Honorable Office in resolving the issues, respondent respectfully seeks leave to file the attached Rejoinder Affidavit.
The attached Rejoinder Affidavit is limited to answering the new matters raised in the Reply-Affidavit and is not intended to delay the proceedings.

WHEREFORE, respondent respectfully prays that he/she be granted leave to file the attached Rejoinder Affidavit and that the same be admitted into the records of this case.

Other reliefs just and equitable are likewise prayed for.

Respectfully submitted.

This motion may be combined with the rejoinder affidavit as one filing, depending on practice.

XLI. Practical Drafting Checklist

Before filing, check the following:

Correct forum and caption.
Correct names of parties.
Correct docket number.
Correct title.
Affiant’s personal details are accurate.
The affidavit responds to the reply-affidavit.
New allegations are specifically identified.
Denials are specific.
Admissions are carefully qualified.
Documents are properly marked as annexes.
Each annex is mentioned in the affidavit.
Dates and amounts are consistent.
Statements are based on personal knowledge.
Hearsay is avoided or supported by witness affidavits.
Tone is professional.
Legal conclusions are not excessive.
The affidavit is signed.
The affidavit is notarized.
The filing deadline is observed.
Required copies are prepared.
Proof of service is attached, when required.
Counsel has reviewed for unintended admissions.

XLII. Drafting Style: What Works Best

A persuasive rejoinder affidavit usually has these qualities:

1. It is focused

It answers the reply-affidavit, not the whole universe of the dispute.

2. It is chronological where necessary

Timelines help expose inconsistencies.

3. It is document-driven

Assertions supported by documents are stronger than bare denials.

4. It is restrained

The affidavit should not sound angry, defensive, or abusive.

5. It is easy to read

Numbered paragraphs, clear headings, and short sentences help the decision-maker.

6. It avoids overstatement

Exaggerated claims damage credibility.

7. It preserves the theory of the case

Every paragraph should support the central defense or position.

XLIII. Recommended Outline

A strong rejoinder affidavit may follow this outline:

1. Introductory paragraph Identify the affiant and purpose.

2. Reaffirmation paragraph Briefly reaffirm the counter-affidavit.

3. Summary of new matters Identify what the reply-affidavit newly claims.

4. Specific responses Answer each new allegation.

5. Documentary rebuttal Discuss new documents and attach responsive documents.

6. Inconsistency section Point out contradictions between the complaint-affidavit, reply-affidavit, and documents.

7. Final factual conclusion State that the reply-affidavit does not overcome the counter-affidavit.

8. Execution clause and jurat Complete notarization.

XLIV. Rejoinder Affidavit Versus Position Paper or Memorandum

A rejoinder affidavit is evidence. A position paper or memorandum is argument.

The affidavit should say:

I was not present at the meeting on 10 January 2025.

The memorandum may argue:

Since respondent was not present at the meeting, complainant’s allegation that respondent personally received the money is unsupported.

In practice, some filings blend facts and argument, but it is generally better to keep the affidavit factual and use a separate memorandum for legal analysis when allowed.

XLV. Rejoinder Affidavit in Criminal Preliminary Investigation

In criminal preliminary investigation, the rejoinder affidavit can affect whether the prosecutor finds probable cause.

Important points:

The respondent should directly address facts relevant to the elements of the offense.
The affidavit should not rely solely on technical denials.
Good faith, lack of intent, absence of participation, mistaken identity, alibi, payment, authority, consent, or documentary contradiction should be clearly supported.
New documents in the reply-affidavit should be answered.
The respondent should not introduce false statements, as sworn statements carry serious consequences.

A rejoinder affidavit in a criminal complaint should be drafted with special care because admissions may later affect the respondent.

XLVI. Rejoinder Affidavit in Civil or Administrative Disputes

In civil or administrative disputes, the rejoinder affidavit should focus on liability, responsibility, compliance, due process, damages, and factual defenses.

For administrative complaints, it should show:

compliance with rules;
absence of misconduct;
lack of jurisdiction, if relevant;
lack of substantial evidence;
good faith;
mitigating circumstances;
procedural fairness.

For civil incidents, it should show:

contract terms;
performance or non-performance;
payment;
breach;
causation;
damages;
documentary inconsistencies.

XLVII. Evidentiary Weight

The weight of a rejoinder affidavit depends on:

personal knowledge of the affiant;
consistency with other evidence;
specificity;
credibility;
supporting documents;
absence of material contradictions;
relevance to the issues;
compliance with procedural rules.

A notarized affidavit with unsupported conclusions may still be weak. A concise affidavit supported by records may be strong.

XLVIII. Ethical Considerations

Lawyers and affiants must ensure that the affidavit is truthful. The affidavit should not contain facts known to be false. Counsel should not coach the affiant to make untrue statements. The affiant should read and understand the affidavit before signing.

The affidavit should be in a language understood by the affiant. If the affiant is more comfortable in Filipino or another Philippine language, counsel should ensure that the contents are properly explained. A person should not sign an affidavit whose contents they do not understand.

XLIX. Language: English, Filipino, or Local Language

Many legal affidavits in the Philippines are written in English, but affidavits may also be prepared in Filipino or another language understood by the affiant, depending on the forum and practice.

The key is that the affiant must understand the contents. If translation is involved, the affidavit may need appropriate language indicating that it was read, translated, or explained to the affiant.

Example:

This affidavit was read and explained to me in Filipino, a language known and understood by me, and I understood the contents thereof before signing.

L. How Long Should a Rejoinder Affidavit Be?

There is no universal ideal length. The affidavit should be as long as necessary and as short as possible.

A simple rejoinder may be 2 to 4 pages. A complex rejoinder with multiple documents may be longer. Length is justified only when it improves clarity and evidentiary value.

Avoid unnecessary background. The deciding officer already has the complaint, counter-affidavit, and reply-affidavit.

LI. Best Practices for Drafting

1. Create a comparison table before drafting

Internally, compare:

Reply-Affidavit Allegation	Response	Evidence	Include in Rejoinder?
Alleged payment on 15 Jan	Deny	Bank statement	Yes
New screenshot	Incomplete	Full thread	Yes
Insulting statement	Irrelevant	None	Maybe no

This helps keep the rejoinder focused.

2. Use exact dates and amounts

Avoid vague statements like “sometime last year” or “a large amount.” Use precise facts when available.

3. Quote sparingly

Quote only important words from the reply-affidavit or documents.

4. Attach complete documents

If a screenshot is incomplete, attach the complete thread. If a contract page is missing, attach the full contract.

5. Do not bury the strongest point

Place the strongest factual rebuttal early.

6. Avoid emotional language

Let the facts do the work.

7. Review every paragraph for admissions

Ask: Could this sentence be used against the affiant later?

8. Keep the theory consistent

A rejoinder should reinforce, not change, the defense.

LII. Common Useful Phrases

Useful phrases include:

“I specifically deny…”
“This allegation is inaccurate because…”
“The complete document shows…”
“Complainant’s statement is inconsistent with…”
“The Reply-Affidavit omits the fact that…”
“The document attached as Annex ___ does not show…”
“I did not sign, prepare, receive, or authorize…”
“To clarify…”
“I reaffirm my Counter-Affidavit…”
“The new allegation is unsupported by any document…”
“Attached as Annex ___ is…”

Use these phrases carefully and only when factually accurate.

LIII. Phrases to Avoid

Avoid:

“Obviously”
“Clearly lying”
“Malicious and evil”
“Fabricated” without basis
“Fake” without basis
“Everyone knows”
“It is impossible” unless truly impossible
“I heard that”
“They are just trying to extort me” unless supported by facts
“This case is a waste of time”

Replace emotional claims with verifiable facts.

LIV. Rejoinder Affidavit and Due Process

The importance of a rejoinder affidavit is tied to due process. When one party raises new matters, fairness may require that the other party be allowed to respond. However, due process does not always require endless submissions. The opportunity to be heard must be meaningful, but proceedings also need finality.

Thus, a rejoinder should be used responsibly. It should assist the deciding authority, not delay resolution.

LV. Final Observations

A rejoinder affidavit is a procedural and evidentiary tool. Its strength depends on disciplined drafting. It should not be a repetitive, emotional, or sprawling document. It should be targeted, factual, sworn, and supported by relevant evidence.

In the Philippine context, where many preliminary and administrative determinations are made on the basis of affidavits and documents, the rejoinder affidavit can be highly important. It may correct misleading impressions, answer new claims, challenge late-submitted documents, and preserve a party’s factual defenses.

The best rejoinder affidavit does three things: it identifies what is new, answers it directly, and proves the answer with reliable evidence.