Introduction

In the Philippine legal system, a counter-affidavit serves as a crucial tool for respondents in preliminary investigations, allowing them to refute allegations made in a complaint-affidavit. It is a sworn written statement that presents the respondent's side of the story, supported by evidence, and aims to persuade the investigating prosecutor to dismiss the complaint or find no probable cause for indictment. Understanding how to draft a counter-affidavit is essential for individuals facing criminal complaints, as it can significantly influence the outcome of the case before it reaches trial.

This article provides a comprehensive guide on the format, legal requirements, and best practices for preparing a counter-affidavit in the Philippine context. It draws from the Revised Rules of Criminal Procedure (particularly Rule 112), Supreme Court decisions, and established legal principles to ensure accuracy and thoroughness.

What is a Counter-Affidavit?

A counter-affidavit is a formal, sworn declaration submitted by a respondent (the person accused in a complaint) to counter the claims made by the complainant in their affidavit. It is primarily used during the preliminary investigation stage of criminal proceedings, where the prosecutor determines if there is sufficient ground to file an information in court.

Unlike a simple denial, a counter-affidavit must be substantive, addressing each allegation point by point, and may include affirmative defenses, counterclaims, or evidence that undermines the complainant's case. It is not admissible as evidence in trial but plays a pivotal role in the pre-trial phase.

In civil cases, a similar document might be referred to as a "reply" or "answer with counterclaim," but this article focuses on its application in criminal preliminary investigations, as governed by the Department of Justice (DOJ) and the Office of the Ombudsman for public officials.

Legal Basis and Requirements

The preparation and filing of a counter-affidavit are rooted in Philippine procedural law:

1. Governing Rules

Revised Rules of Criminal Procedure (Rule 112): This mandates that upon receipt of a complaint-affidavit, the respondent has the right to submit a counter-affidavit within 10 days (or as extended by the prosecutor). Failure to file may result in the prosecutor resolving the case based solely on the complainant's evidence.
Department of Justice National Prosecution Service (NPS) Rules on Preliminary Investigation: These provide detailed guidelines for DOJ-handled cases, emphasizing the need for the counter-affidavit to be verified and supported by documentary evidence.
Ombudsman Rules (Administrative Order No. 07): For cases involving public officers, the counter-affidavit must comply with similar timelines and formalities, with potential administrative sanctions for non-compliance.
Supreme Court Jurisprudence: Cases like People v. Sandiganbayan (G.R. No. 169004, 2006) underscore that a counter-affidavit must be given due weight in determining probable cause, ensuring due process under Article III, Section 1 of the 1987 Constitution.

2. Key Legal Requirements

Sworn Statement: The counter-affidavit must be subscribed and sworn to before a notary public, prosecutor, or other authorized officer (e.g., a judge). This verifies the truthfulness of the contents under penalty of perjury (Republic Act No. 6733).
Timeliness: Must be filed within the prescribed period—typically 10 days from receipt of the subpoena and complaint. Extensions may be granted for valid reasons, but delays can lead to submission of the case for resolution without the respondent's input.
Verification and Certification: Include a certification against forum shopping if applicable (Supreme Court Administrative Circular No. 04-94). The affiant must affirm that the statements are based on personal knowledge or authentic records.
Supporting Documents: Annex evidence such as affidavits of witnesses, photographs, receipts, or expert opinions. These must be marked (e.g., Annex "A") and referenced in the body.
Service to Parties: Copies must be furnished to the complainant and the investigating officer, with proof of service (e.g., registry receipt).
Language: Written in English or Filipino, with clear, concise language. Technical terms should be explained.
Number of Copies: Original plus sufficient copies for all parties (usually 3-5, depending on the office).
Probable Cause Standard: The content should aim to negate probable cause, showing that the facts do not warrant prosecution (as defined in Estrada v. Ombudsman, G.R. No. 212140-41, 2015).

Non-compliance with these requirements can result in the counter-affidavit being stricken from the record or the case proceeding unfavorably.

When and Why to File a Counter-Affidavit

A counter-affidavit is filed in response to a subpoena issued during preliminary investigation for criminal complaints filed with the prosecutor's office, Ombudsman, or similar bodies. It is mandatory in cases where the penalty is at least 4 years, 2 months, and 1 day imprisonment (corrective penalties and higher).

Reasons to file:

To present defenses like alibi, self-defense, or lack of intent.
To question the complainant's credibility or evidence.
To request dismissal or reduction of charges.
To avoid escalation to court, saving time and resources.

If no counter-affidavit is filed, the prosecutor may find probable cause based on one-sided evidence, leading to the filing of an information in court.

Step-by-Step Guide to Drafting a Counter-Affidavit

Drafting requires precision to ensure it is persuasive and legally sound. Here's a detailed process:

1. Gather Information

Review the complaint-affidavit thoroughly.
Collect evidence and witness statements.
Consult a lawyer if possible, though self-representation is allowed.

2. Structure and Format

The format follows that of a standard affidavit but is tailored as a response. Use legal-sized paper (8.5 x 13 inches), double-spaced, with 1-inch margins. Font: Arial or Times New Roman, size 12-14.

Standard Format Outline:

Heading: Republic of the Philippines, office name (e.g., Office of the City Prosecutor), location.
Case Details: I.S. No. (Investigation Slip Number), complainant vs. respondent, for [offense].
Title: COUNTER-AFFIDAVIT
Introduction Paragraph: Affiant's details (name, age, address, competence).
Body: Numbered paragraphs addressing each allegation.
Prayer: Request for relief (e.g., dismissal).
Signature and Jurat.

Detailed Format Example:

REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ______ ) S.S.

IN RE: I.S. NO. __________
FOR: [SPECIFY OFFENSE, e.g., ESTAFA UNDER ARTICLE 315 OF THE REVISED PENAL CODE]

[JUAN DELA CRUZ], Complainant,

     - versus -

[JOSE RIZAL], Respondent.

x--------------------------------------x

COUNTER-AFFIDAVIT

I, [JOSE RIZAL], of legal age, Filipino, single/married, residing at [address], after having been duly sworn in accordance with law, do hereby depose and state that:

1. I am the respondent in the above-entitled case;

2. I received a copy of the Complaint-Affidavit dated [date] together with the subpoena on [date];

3. The allegations in the Complaint-Affidavit are false and without basis. Specifically:

   a. As to paragraph 1 of the Complaint: [Deny or explain, e.g., "I deny having received any money from the complainant as alleged."];

   b. As to paragraph 2: [Provide counter-evidence, e.g., "Attached as Annex 'A' is a receipt showing full payment."];

   [Continue for each relevant paragraph]

4. Furthermore, [present affirmative defenses, e.g., "The transaction was a loan, not estafa, as evidenced by Annex 'B'."];

5. The complaint is motivated by [e.g., harassment or bad faith];

6. I am executing this Counter-Affidavit to attest to the truth of the foregoing and for the purpose of requesting the dismissal of the complaint for lack of probable cause.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [place].

                              [JOSE RIZAL]
                              Affiant/Respondent

SUBSCRIBED AND SWORN to before me this [date] at [place], affiant exhibiting to me his/her [ID type and number], issued on [date] at [place].

                              [NOTARY PUBLIC/PROSECUTOR]
                              Doc. No. ___;
                              Page No. ___;
                              Book No. ___;
                              Series of [year].

3. Contents of the Body

Point-by-Point Rebuttal: Mirror the complaint's structure. Use phrases like "I deny/admit the allegation in paragraph X because..."
Evidence Integration: Reference annexes clearly. Avoid hearsay; base on personal knowledge.
Legal Arguments: Cite relevant laws (e.g., Revised Penal Code articles) or cases briefly.
Length: Concise yet comprehensive; typically 5-20 pages, depending on complexity.

4. Execution and Filing

Sign in the presence of the swearing officer.
File personally or via authorized representative at the investigating office.
Pay necessary fees (e.g., notarial fees).

Common Mistakes to Avoid

Vague Denials: General denials are insufficient; specifics are required (People v. CA, G.R. No. 103613, 1993).
Unsworn or Unsigned: Renders it invalid.
Missing Annexes: Evidence must be attached, not just described.
Late Filing: Can waive the right to respond.
Emotional Language: Stick to facts; avoid insults.
Forum Shopping: Failing to certify can lead to dismissal.
Incomplete Service: Ensure all parties receive copies.

Tips for an Effective Counter-Affidavit

Seek Legal Advice: While not mandatory, consulting a lawyer ensures compliance and strengthens arguments.
Use Clear Language: Avoid jargon unless necessary; explain terms.
Organize Evidence: Label annexes alphabetically or numerically.
Anticipate Replies: The complainant may file a reply-affidavit, so address potential counterpoints.
Electronic Filing: In some offices (e.g., DOJ), e-filing via email is allowed under pandemic guidelines, but confirm.
Special Cases: For Ombudsman cases, include a position paper if required. In cybercrime cases (RA 10175), address digital evidence specifically.

Conclusion

Mastering the art of writing a counter-affidavit is vital for safeguarding one's rights in the Philippine justice system. By adhering to the prescribed format, meeting legal requirements, and presenting a robust defense, respondents can effectively challenge unfounded complaints and promote fair resolution. Remember, the goal is to demonstrate the absence of probable cause, potentially averting a full trial. Always prioritize truthfulness, as false statements can lead to perjury charges under Article 183 of the Revised Penal Code. For complex cases, professional legal assistance is highly recommended to navigate nuances and maximize success.