A practical, everything-you-need guide for respondents facing a criminal complaint during preliminary investigation in the Philippines.

What is a Counter-Affidavit?

A counter-affidavit is the respondent’s sworn written statement filed during preliminary investigation to answer the allegations in a complaint-affidavit. It sets out your version of facts, defenses, and supporting evidence to show that no probable cause exists to file a criminal case in court.

Key points at a glance

It’s used before any case reaches trial court—typically at the Office of the City/Provincial Prosecutor, the National Prosecution Service (NPS), or another investigating body with authority (e.g., specialized agencies).
You generally have 10 days from receipt of the subpoena/notice to file your counter-affidavit (or the period stated in the subpoena).
A motion to dismiss cannot be filed in lieu of a counter-affidavit at this stage.
The counter-affidavit must be subscribed and sworn to before the investigating prosecutor or any authorized administering officer.
Attach documentary evidence and witness affidavits; label them clearly as annexes.

Purpose: Not to prove innocence beyond reasonable doubt, but to show why there is no sufficient reason (probable cause) to put you on trial.

Where and How It Fits in the Process

Complaint filed (with complainant’s affidavit and evidence).
Subpoena issued to respondent (attaching the complaint and directing filing of a counter-affidavit within a stated period).
Respondent files counter-affidavit (with annexes; often with proof of service to the complainant or via the prosecutor).
(Optional) Reply/Rejoinder if the prosecutor allows.
Resolution: Prosecutor determines if probable cause exists to file an information in court or to dismiss.

Core Legal and Practical Requirements

Sworn statement: Must contain a jurat (subscribed and sworn) before the investigating prosecutor or an authorized officer. Bring valid government ID when swearing.
Personal knowledge: Stick to facts you personally know or can competently attest to; identify how you know them.
Organization: Use numbered paragraphs, concise statements, dates, times, places, and names.
Annexes: Attach and properly mark supporting documents (e.g., Annex “A,” “A-1,” etc.). Authenticate when possible (certified true copies) and explain relevance in the text.
Witnesses: If others have personal knowledge favorable to you, include their sworn affidavits as annexes (e.g., Annex “B”).
No forum-shopping certification needed: This is not a court pleading; typical court verification/certifications do not apply to preliminary investigation filings.
No motion to dismiss in lieu of counter-affidavit: Put your dismissal arguments (e.g., lack of probable cause) inside the counter-affidavit.
Proof of service: Follow the instruction in the subpoena or office practice (e.g., file with the prosecutor and provide copy/acknowledgment for complainant).
Deadlines: File within the stated period. If truly necessary, ask for reasonable extension before the period lapses and explain good cause.
Privacy & redactions: Be mindful of personal data (addresses, IDs, minors). Attach only what you need, and redact sensitive numbers where appropriate (while still allowing identification when swearing).

What to Argue (and How)

You’re aiming to demonstrate no probable cause. Common substantive angles:

Missing elements of the offense
- List each legal element and show which is absent using facts and attachments.
Lack of intent / good-faith conduct
- For intent-based crimes, demonstrate absence of intent or presence of good-faith reliance on documents, procedures, or counsel.
Impossibility / alibi (with specifics)
- Concrete, verifiable details (timesheets, GPS logs, receipts, flight manifests)—mere denials are weak.
No participation / mistaken identity
- Clarify roles, organizational charts, and decision records proving non-involvement.
Hearsay / inadmissible or unreliable evidence
- Identify portions of the complaint that are hearsay or speculative.
Civil vs. criminal
- Where appropriate, explain that the dispute is purely civil (e.g., breach of contract without fraud).
Procedural infirmities
- Defects in the complaint, lack of authentication, or failure to attach essential documents can be noted—but don’t rely solely on technicalities.

Tone and style tips

Be firm but respectful; avoid argumentative adjectives.
Use specifics (dates, amounts, document references).
Avoid admissions. If necessary to explain context, phrase carefully (e.g., “Assuming arguendo…”).
End with a clear prayer (dismissal for lack of probable cause).

Structure of a Strong Counter-Affidavit

Caption identifying the office, parties, and case title.
Title (“COUNTER-AFFIDAVIT”).
Affiant’s introduction (name, age, citizenship, address), attesting to truth based on personal knowledge/records.
Preliminary statements
- Receipt of subpoena; period compliance; counsel’s appearance (if any).
Statement of facts (your version, chronological, with citations to annexes).
Arguments (legal analysis mapped to elements; evidentiary points).
Prayer (dismissal for lack of probable cause and other just reliefs).
Signature block with affiant’s printed name.
Jurat (subscription/sworn statement before the authorized officer, with ID details).
Annex list (index of attachments).

Formatting, Filing, and Serving

Format: Standard A4/short bond, readable font (11–12 pt), 1.5 spacing, 1-inch margins; paginate and initial each page.
Annex tabs: Use labels (Annex “A,” “B,” “C”...) and sub-labels (“A-1,” “A-2”…).
Copies: Prepare at least three sets (Prosecutor, Complainant, Respondent). Follow local office instructions.
Digital copies: If allowed, submit a searchable PDF with a scanned signed copy and legible annexes.
Receiving: Request a receive stamp on your copy or obtain an electronic acknowledgment if filed digitally.

Counter-Affidavit Template (Editable)

Note: Replace bracketed portions. Keep to facts in numbered paragraphs. Attach annexes and cross-reference them in the body.

Republic of the Philippines
DEPARTMENT OF JUSTICE
Office of the City/Provincial Prosecutor
[City/Province]

[COMPLAINANT NAME],
    Complainant,
                                        NPS Docket No.: [XXXX-XX-XX]
        -versus-

[RESPONDENT NAME],
    Respondent.                          For: [Offense/s Alleged]

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

                           COUNTER-AFFIDAVIT

I, [FULL NAME], of legal age, [citizenship], with address at [address],
after having been duly sworn, depose and state:

I. INTRODUCTION

1. I received the Prosecutor’s Subpoena dated [date], directing me to submit
   my counter-affidavit within [__] days. I respectfully submit this within
   the prescribed period.

2. I am executing this Counter-Affidavit to refute the allegations in the
   Complaint-Affidavit dated [date] and to demonstrate the absence of
   probable cause to charge me with [offense/s].

II. STATEMENT OF FACTS

3. [Briefly state your role/occupation and relevant background.]

4. On [date/time], [state what actually happened from your personal knowledge,
   in chronological, numbered paragraphs. Cite annexes: e.g., “Annex ‘A’
   (CCTV stills dated [date]); Annex 'B' (Official Receipt No. ___).”]

5. [Additional factual points, each supported by an annex where possible.]

III. ARGUMENTS

A. The elements of [offense] are not present.

6. [List elements succinctly.]

7. [For each element, explain why it is absent, citing facts and annexes.]

B. [Alternative or additional defenses as applicable.]

8. [Explain lack of intent/good faith/alibi/mistaken identity, etc., with
   documentary support.]

C. Evidentiary issues.

9. [Identify hearsay/speculative portions of complaint; point to missing or
   unreliable proof.]

IV. PRAYER

WHEREFORE, premises considered, I respectfully pray that the complaint be
DISMISSED for lack of probable cause. I also pray for such other reliefs as
are just and equitable under the circumstances.

[City], Philippines, [date].

                                   ______________________________
                                   [RESPONDENT NAME], Affiant
                                   [Contact number/email, optional]

JURAT

SUBSCRIBED AND SWORN to before me this [date] in [city/province], Affiant
personally appeared and exhibited [Government ID type and number], issued on
[date] at [place]. I hereby certify that I personally examined the affiant,
that he/she voluntarily executed and understood the contents of this
Counter-Affidavit.

                                   ______________________________
                                   [Name of Prosecutor/Officer]
                                   [Position/Office]

Suggested Annex Index (Example)

Annex “A” – Photocopy of Government ID of Affiant
Annex “B” – [Document name; e.g., Timecard for __ to __]
Annex “C” – [CCTV stills/Video certification]
Annex “D” – [Sworn Affidavit of Witness Name]
Annex “E” – [Official Receipts/Bank records/Email printouts]

Sample Paragraphs You Can Adapt

Elements-based denial: “Even assuming arguendo that the transaction occurred, the offense of [x] requires [element]. The records show none of this: Annex ‘C’ proves I was in [location] at [time], while Annex ‘D’ explains that [necessary element] never transpired.”
Good faith: “I acted in good faith and pursuant to written procedures (Annex ‘E’). There was no intent to defraud or to cause damage.”
Role clarification: “My duties as [position] were limited to [scope]. I did not approve, authorize, or participate in [act complained of]. See organizational chart and job description (Annex ‘F’).”

Practical Checklist Before Filing

Deadline calendared; apply for extension before lapse if needed.
All pages numbered, signed/initialed; annexes properly labeled.
Facts tied to specific annexes.
Witness affidavits included and sworn.
Jurat completed before authorized officer; valid ID presented.
Copies prepared (Prosecutor/Complainant/Respondent).
Proof of service/receipt secured.
Tone is factual; no unnecessary admissions.

Common Pitfalls to Avoid

Bare denials without documents.
Missing the filing period (or asking for extension too late).
Annex confusion (unlabeled or unreadable attachments).
Over-arguing the law without tying to facts/evidence.
Copy-pasting hearsay from others; instead, attach their sworn statements.

Special Contexts

Multiple respondents: Clarify each person’s role; avoid collective, vague defenses.
Corporate settings: Attach board resolutions, policies, or approvals that show lack of individual participation/intent.
Electronic evidence: Preserve metadata where possible; printouts should indicate source, timestamps, and custodianship.
Sensitive data/minors: Redact non-essential personal identifiers in public copies, but make sure the prosecutor can still identify the parties and documents.

Final Notes

Treat the counter-affidavit as your primary voice at the preliminary investigation stage.
Prioritize clarity, credibility, and completeness over length.
When in doubt about legal strategy, consult a Philippine lawyer—this guide provides general information and a working template but is not a substitute for legal advice tailored to your facts.

You can copy the template as is and fill in your specifics. If you want, tell me your factual outline (dates, places, key documents), and I can help tailor the language and annex index to your situation.