How to Prepare and Submit a Counter‑Affidavit Without a Lawyer
Philippine Criminal Procedure – Practical Guide for Self‑Represented Respondents (2025)
1. What a Counter‑Affidavit Is ― and Why It Matters
| Point |
Key Idea |
| Purpose |
Your sworn written defense to a criminal complaint during preliminary investigation or inquest (Rule 112, 2019 Revised Rules of Criminal Procedure). |
| Effect |
Lets you narrate facts, deny or explain the accusation, attach proof, name witnesses, and raise legal defenses; the prosecutor decides probable cause largely on the basis of affidavits. |
| Right to Counsel vs. Self‑Representation |
Art. III §12(1) Constitution & RA 7438 guarantee counsel, but you may waive and file pro se. Waiver must be voluntary, written, and in the presence of the investigating prosecutor. |
2. Legal Framework & Deadlines
| Provision |
Substance |
| Rule 112 §3(b) |
Respondent has 10 calendar days from receipt of the subpoena/complaint to submit a counter‑affidavit (extendible for good cause upon written motion before expiry). |
| DOJ Dept. Circular No. 61‑1993 & Manual for Prosecutors (2021 ed.) |
Format, number of copies (usually original + 2), docketing, electronic filing rules. |
| E‑Counter‑Affidavit (eCA) pilot 2023‑present |
Some prosecution offices accept PDFs via email or DOJ’s E‑Complaint portal; still print & sign then scan because e‑signatures are not yet universally accepted. Call the prosecutor’s office to confirm. |
3. Before You Draft
- Get the records – Secure a complete copy of the complaint‑affidavit and annexes; insist on readable attachments.
- Organize evidence – Gather contracts, receipts, CCTV grabs, screenshots, GPS logs, sworn statements of witnesses, etc.
- Calendar your deadline – Count 10 days including weekends; if Day 10 falls on a holiday, file on the next working day.
- Decide on format – Short, numbered paragraphs; 12‑pt readable font; 1.5 spacing; 1‑inch margins.
4. Standard Outline of a Counter‑Affidavit
REPUBLIC OF THE PHILIPPINES )
[City], [Province] ) SS.
I, JUAN DELA CRUZ, Filipino, of legal age, residing at [complete address], after having been duly sworn, depose and say:
1. **Personal Circumstances** – (state civil status, occupation, contact information).
2. **Specific Denial/Admission**
2.1 I categorically **deny** the allegation that I...
2.2 I **admit** that I was present at..., but only because...
3. **Narration of Facts** – Chronological, supported by annexes “A”, “B” …
4. **Affirmative/Legal Defenses**
a. Absence of intent;
b. Lack of indispensable element (e.g., demand in estafa);
c. Constitutional violations (illegally obtained evidence, custodial rights violations).
5. **Objections to Evidence** – Highlight hearsay, unauthenticated photos, etc.
6. **Prayer** – “WHEREFORE, premises considered, respondent respectfully prays that the instant complaint be DISMISSED for utter lack of probable cause.”
**Verification & Oath**
“I, Juan dela Cruz, attest that the foregoing statements are true and correct …”
(Signature)
SUBSCRIBED AND SWORN to before me this ___ day of __________ 2025 at the Office of the City Prosecutor, [city], Philippines.
(Name & signature of administering officer)
Tip: Use annex labels (Annex “A”, “B‑1”…) that match the paragraph where they are cited.
5. Swearing / Notarization
- Preferred: Sign in front of the investigating prosecutor or inquest prosecutor (no notarization fee).
- Alternative: Any notary public within the territorial jurisdiction. Notary must require personal appearance and competent ID.
- Unsigned or unsworn counter‑affidavits are inadmissible and will be disregarded.
6. Filing & Service
| Step |
Practical Notes |
| Number of sets |
Original for the prosecutor, one set for complainant, one stamped‑received copy for you. Some offices ask for an extra for DOJ. |
| Where |
Office of the City/Provincial Prosecutor where the complaint was filed. For inquest, file at the Inquest Section on the spot. |
| When |
On or before the deadline; filing after business hours via drop‑box counts the next working day, so avoid. |
| Filing fee |
None. Criminal preliminary investigation is free. |
| Proof of service |
Some offices serve your copy to the complainant; others require you to furnish them and attach a certificate of service. Ask clerk. |
| Electronic filing |
Email a searchable PDF, cc: complainant’s counsel if address is provided. Attach ID and sworn statement in one PDF bundle. Always follow up with a hard copy unless expressly waived. |
7. Optional Follow‑Up: Rejoinder & Clarificatory Hearing
- The complainant may file a reply‑affidavit; you may seek leave to submit a rejoinder (no right, discretionary).
- Prosecutor may schedule clarificatory questioning (rare). Bring originals of exhibits and IDs.
- Resolution timeline: Ideally 60 days, but delays are common; check the docket in person or online (NPS e‑tracker).
8. Common Mistakes to Avoid
| Mistake |
Consequence |
Fix |
| Missing deadline |
Waiver of right to rebut; risk of indictment |
File Motion for Extension (3–5 days) before lapse, stating good cause. |
| Unsupported claims |
Prosecutor gives little weight |
Attach certified copies, sworn witness affidavits. |
| Overly emotional language |
Appears evasive/unreliable |
Stick to facts, cite law sparingly. |
| Perjury |
Criminal liability under Art. 183 RPC |
Ensure every statement is accurate; qualify if only based on belief. |
9. Strategic Tips for Self‑Represented Respondents
- Pin down the elements – Read the Penal Code or special law; show which element is missing.
- Use objective proof – CCTV, GPS, bank logs beat raw denials.
- Cite controlling jurisprudence briefly – One paragraph per case, full citation (e.g., People v. Dizon, G.R. No. 234564, 24 Jan 2023).
- Respectful tone – The prosecutor is a gatekeeper; courtesy counts.
- Confidentiality – Mark sensitive personal data (“S.S.N.”, bank account) and request redaction under the Data Privacy Act if public access is likely.
10. After the Resolution
| If DISMISSED |
If PROBABLE CAUSE Found |
| Obtain Resolution & Disposition Form; check if dismissal is with prejudice. |
Information is filed in court; you will receive subpoena/raffle notice. |
| Complainant may file a Petition for Review with DOJ within 15 days. |
You may file a Motion for Reconsideration with the prosecutor (5 days) or Petition for Review with DOJ (15 days) if you still contest it. |
| Keep certified copy for future background checks. |
Prepare for arraignment; consider plea bargaining or filing Rule 117 motions. |
11. Quick FAQ
- Can I handwrite my counter‑affidavit? Not advisable; typed documents are easier to read and scan.
- Can I file jointly with co‑respondents? Yes, but each must appear and swear.
- Is notarization by barangay captain valid? No. Only a notary public or authorized prosecutor.
- Can I refuse to sign if I want a lawyer later? You may request postponement; prosecutor usually grants at least one reset.
- What if the complaint is already in court? Counter‑affidavit stage is over; your pleading is now a motion or answer under the Rules of Court. Seek counsel.
12. Sample Motion for Extension (one‑paragraph template)
“Respectfully, respondent seeks an additional five (5) days from July 24 to July 29 2025 within which to submit his counter‑affidavit due to the unavailability of documentary evidence presently being secured from [Office]. This request is not for delay. [date, signature]”
13. Final Reminders & Disclaimer
- Accuracy of facts and evidence outweighs legal jargon.
- Deadlines control; file early.
- Electronic innovations are uneven; always verify local practice.
- Legal representation is still recommended; this guide is educational and not a substitute for independent legal advice. Laws, rules, and circulars may change after July 23 2025.
Prepared July 2025. You may freely reproduce with attribution.