How to Write and File a Counter-Affidavit in a Cyber Libel Case (Philippines)

This guide is practical, step-by-step, and focused on preliminary investigation before the prosecutor (fiscal). It’s general information, not legal advice. When in doubt, consult a Philippine lawyer.

1) What “cyber libel” is—and why your counter-affidavit matters

Cyber libel is libel committed through a computer system (e.g., Facebook, X/Twitter, TikTok, blogs, forums, email, messaging apps). It builds on the libel provisions of the Revised Penal Code (RPC) and is recognized under the Cybercrime Prevention Act (R.A. 10175).
Elements the complainant must show (adapted for online context):
1. A defamatory imputation (statement tending to dishonor, discredit, or place someone in contempt);
2. Publication (communicated to at least one person other than the offended party; a social-media post/repost can qualify);
3. The offended party is identifiable (by name, innuendo, context, photos, tags, etc.);
4. Malice (presumed by law, but may be negated by privilege, truth + good motives, or lack of malice in fact);
5. Use of a computer system (online post, message, upload, etc.).
The prosecutor decides only whether there is probable cause to file an Information in court, not guilt beyond reasonable doubt. Your counter-affidavit is your chance to knock out the case early by showing lack of probable cause—on facts, law, venue, prescription, authorship, malice, privilege, or evidence gaps.

2) Deadlines, venue, and where the case starts

Subpoena + complaint-affidavit: You’ll receive a subpoena from the Office of the City/Provincial Prosecutor with the complaint-affidavit and annexes.
Deadline to file counter-affidavit: 10 calendar days from receipt of the subpoena (Rule 112) unless the subpoena sets a different period. If the deadline falls on a weekend/holiday, file on the next working day. You may ask the prosecutor in writing for a short extension before the deadline, stating good cause.
Venue (important defense): Libel venue rules apply. Generally, cases may be filed where the offended party resided at the time of the commission or where the libel was printed and first published (adapted online). Venue defects can be fatal and can be raised at preliminary investigation and again via Motion to Quash if an Information is filed.
Prescription: Criminal libel generally prescribes in one (1) year from publication. Many prosecutors apply the same one-year period to cyber libel. If the complaint is late, raise prescription squarely.

3) Your options upon receiving the subpoena

File a counter-affidavit (usually advisable): Deny authorship/publication, negate elements, assert defenses, and attach evidence.
Remain silent: Allowed—but the prosecutor resolves the case on the complainant’s evidence alone. Silence is not an admission, but it’s strategically risky.
Move to dismiss at the prosecutor’s level: You may incorporate procedural defenses (e.g., lack of venue, prescription, no authority of corporate representative, etc.) in your counter-affidavit, or file a separate motion if permitted by the office.

4) Strategy: what to attack (checklist)

Authorship/publication: Are you clearly linked to the account? Screenshots alone may be unreliable without authentication, logs, or device linkage. Sharing/liking vs. original posting matters.
Identification: Does the post actually point to the complainant? Vague or general statements may not identify them.
Defamatory meaning: Consider ordinary meaning and context. Hyperbole, opinion, satire, or value judgment may not be actionable if no provably false factual assertion exists.
Privilege:
- Qualified privilege (e.g., fair comment on matters of public interest; citizen complaints to authorities; reports of official proceedings). If privilege applies, malice is not presumed; the complainant must show actual malice.
- Absolute privilege (e.g., statements made in the course of judicial proceedings that are relevant) is rare in cyber contexts, but know it exists.
Truth & good motives (Art. 361 RPC): Proof of truth is admissible; acquittal requires truth and good motives/justifiable ends (for public officers’ acts related to duty, showing truth may suffice).
Venue & prescription: Raise early and clearly.
Electronic evidence: Argue lack of authentication, chain-of-custody gaps, metadata issues, or unreliable screenshots where appropriate. Preliminary investigation is flexible, but prosecutors still consider admissibility prospects.

5) Evidence you can attach (Annex and label clearly)

Certified copies or true copies of relevant posts, messages, comment threads, with URLs, timestamps, and platform indicated.
Device/account evidence: login histories, IP logs (if available), two-factor prompts, screenshots of account settings indicating you’re not the admin/poster; proof of account compromise reports.
Context evidence: the full thread/video (not snippets), showing opinion, humor, or lack of defamatory sting.
Privilege evidence: proof that you addressed a public concern, lodged a citizen complaint, or reported official proceedings.
Identity evidence: if the post’s subject is not the complainant, show why no one would reasonably identify them.
Venue/prescription evidence: your proof of the complainant’s residence at the relevant time; timestamps proving late filing.
Service proof: registry receipts, courier waybills, email proof (if allowed), and an Affidavit of Service.

6) How to structure and write the counter-affidavit

A. Formal parts

Heading: “Republic of the Philippines / Office of the City (or Provincial) Prosecutor of _______”
Case title: “Name of Complainant v. Your Name, I.S. No. ________”
Document title: “COUNTER-AFFIDAVIT”
Intro: Your name, age, citizenship, address; statement that you were served a subpoena and are submitting this counter-affidavit.

B. Body (suggested flow)

Denial of authorship/publication (if true). Be precise: deny creating, uploading, or causing publication; deny admin rights; explain any non-control over the page/group.
Factual narrative (concise, numbered paragraphs). Provide context; attach annexes; cross-reference: “(Annex ‘B’)”.
Element-by-element defenses
- No defamatory imputation (statement is opinion/fair comment/hyperbole; not provably factual).
- No identification of complainant (or ambiguous).
- No publication attributable to you (no posting, no republication, no “tagging”).
- No malice; or qualified privilege applies; or truth + good motives.
- No competent electronic proof linking you to the post (authentication defects; screenshots without metadata; no logs).
Procedural defenses
- Improper venue under libel rules.
- Prescription (filed beyond the one-year period, if applicable).
- No authority of complainant’s representative (e.g., for corporations, lack of board resolution/SPA).
- Defective complaint-affidavit (not subscribed/sworn, or no annexes served to you).
Prayer: Ask the prosecutor to dismiss for lack of probable cause and close the case.
Signature block.

C. Jurat / Subscription

Affidavit must be subscribed and sworn before the investigating prosecutor or a government officer authorized to administer oaths (or a notary public if allowed by the office). Bring competent evidence of identity (e.g., passport/driver’s license number, date/place of issue).

D. Affidavit of Service

Attach a short Affidavit of Service stating how and when you served the counter-affidavit and annexes on the complainant (personal delivery, courier, registered mail, or email if the prosecutor’s office allows). Attach proof.

7) Filing & service: step-by-step

Calendar your 10-day deadline from receipt. If needed, request extension before it lapses.
Draft the counter-affidavit and assemble annexes (label: Annex “A,” “A-1,” “B,” etc.).
Swear it before the prosecutor (or authorized officer). Bring your valid ID. Sign each page, especially where required by the office.
File at the indicated Prosecutor’s Office (the address is on the subpoena). Many offices accept physical filings; some accept electronic/hybrid submissions—follow the instructions on the subpoena.
Serve a copy on the complainant (or counsel) the same day. Keep proof of service.
Receive-stamped copy: Secure a stamped “received” copy for your records.

8) What happens after you file

Reply-affidavit: The complainant may file a reply (often within 10 days).
Rejoinder: You may be allowed to file a rejoinder to address new matters.
Clarificatory hearing (discretionary): The prosecutor may call a short, non-adversarial meeting to clarify points—there’s no cross-examination.
Resolution: The prosecutor issues a Resolution either dismissing the complaint or finding probable cause and directing the filing of an Information (cyber libel is typically filed in the Regional Trial Court). If dismissed, the complainant may file a petition for review with higher authorities; if an Information is filed, you may file a Motion to Quash (e.g., improper venue, prescription, facts do not constitute an offense, lack of authority, etc.) and apply for bail if a warrant issues.

9) Common defenses in cyber libel (with drafting tips)

Not the author / no publication by you
- Explain lack of control over the account/page.
- Provide evidence (annexes) that the handle isn’t yours, or that others had access; show compromise reports if relevant.
- Point out lack of forensic linkage (no IP/device correlation, no platform authentication).
Statement is opinion/fair comment
- Identify the public issue or public figure/official context.
- Mark language as value judgment, hyperbole, rhetorical flourish.
- Emphasize absence of actual malice.
Qualified privilege
- Citizen complaints to authorities, or fair and true reports of official proceedings.
- Show good faith: basis for your statements, efforts to verify, absence of ill will.
Truth & good motives (Art. 361)
- Attach proof of truth; explain public interest served by publication.
No identification
- Show that a reasonable reader wouldn’t identify the complainant from the words/context.
Venue & prescription
- Plead and prove facts supporting improper venue or late filing.
Electronic evidence infirmities
- Argue screenshots are unauthenticated; metadata absent; edited images; missing original URLs; no certificate from platform; no chain-of-custody of captured data.
- Stress that even at the PI stage, admissibility prospects matter for probable cause.

10) Practical pointers (so you don’t trip on procedure)

Keep it tight and organized: Number paragraphs; one idea per paragraph. Judges and prosecutors favor clarity.
Don’t over-argue: Stick to elements, defenses, and evidence. Avoid personal attacks.
Don’t admit what you don’t have to: Be careful with language that could concede publication, identification, or malice.
Mark annexes clearly and cite them in-text (“Annex ‘C’”).
Serve the other side and keep receipts.
Perjury is real: Everything here is under oath.
Stay offline about the case: New posts could become fresh causes of action.

11) Sample counter-affidavit (editable template)

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

[Complainant], Complainant —versus— [Your Name], Respondent

I.S. No. [____]

COUNTER-AFFIDAVIT

I, [Your Name], Filipino, of legal age, with address at [Complete Address], after being duly sworn, hereby state:

I received on [date] a subpoena in the above case, with the complaint-affidavit and annexes. I am submitting this counter-affidavit within the period allowed by Rule 112.

I categorically deny that I authored, posted, uploaded, published, or caused to be published the statements complained of. I am not the administrator, moderator, or content manager of the page/account “[handle]” (see Annex “A”—screenshot of page info; Annex “B”—[supporting proof]).

The statements complained of are, in any event, opinions/fair comments on matters of public concern and therefore qualifiedly privileged. They are value judgments, not factual accusations, and were made without malice. (Annex “C”—full thread for context.)

The complaint fails to show that the statements identify the complainant. No name, photo, or unique descriptor points to him/her; the audience would not reasonably identify the complainant from the language used. (Annex “D”.)

The complaint is procedurally defective: (a) Improper venue under libel venue rules because the complainant resided in [place] while filing was made in [other place]; and/or (b) Prescription has set in—the alleged publication was on [date], but the complaint was filed only on [date], beyond one year. (Annex “E”—timestamps; Annex “F”—Filing stamp.)

The annexed screenshots are unauthenticated electronic documents, presented without metadata, original URLs, or proof of chain-of-custody. No logs or device evidence link me to the alleged post.

PRAYER WHEREFORE, premises considered, I respectfully pray that the complaint be DISMISSED for lack of probable cause. Other reliefs just and equitable are likewise prayed for.

[Signature over Printed Name] Affiant

SUBSCRIBED AND SWORN TO before me this [date] at [city/province]. Affiant exhibited [ID type & number, date/place of issue] as competent evidence of identity.

[Name & designation of administering officer] (Investigating Prosecutor / Authorized Officer)

Short Affidavit of Service (attach separately)

I, [Name], of legal age, state that on [date], I [personally delivered/sent by registered mail/courier/email (if allowed)] copies of the Counter-Affidavit with annexes to [Complainant/Complainant’s Counsel, address/email]. Attached are [registry receipts/waybills/email printouts].

[Signature]

12) Frequently asked quick answers

Can I get an extension? Often yes, if you ask before the deadline and show good cause (volume of annexes, need to retrieve data, counsel unavailability).
What if I miss the 10-day period? The case can proceed on the complainant’s evidence alone. File ASAP with a letter explaining the delay and asking that it be admitted—but don’t count on it.
Is a clarificatory hearing required? No; it’s discretionary.
Do I need a notary? If you swear before the investigating prosecutor, notary is unnecessary. Follow local office instructions.
Will they issue a warrant now? Not at the prosecutor stage. Warrants issue (if at all) only after an Information is filed in court and the judge finds probable cause.

13) One-page checklist

Before drafting

Note 10-day deadline and venue.
Gather subpoena, complaint, and all annexes.
Identify elements to attack and defenses to assert.

Drafting

Proper heading, I.S. number, clear denials, concise facts.
Argue: no authorship, no identification, no defamatory meaning, privilege, truth/good motives, no malice.
Raise venue, prescription, authority, evidence defects.
Attach and label Annexes; cite them in-text.
Prepare Affidavit of Service + proofs.

Filing

Swear before prosecutor/authorized officer (bring valid ID).
File at indicated office; get receive stamp.
Serve complainant/counsel; keep receipts.

After

Calendar possible reply/rejoinder dates.
Attend clarificatory hearing if called.
Watch for Resolution; if Information is filed, consider Motion to Quash and bail.

Final notes

Cyber libel law borrows from traditional libel but adds tech-specific proof problems (authorship, metadata, authenticity). Use that to your advantage.
Keep arguments focused on probable cause standards at the prosecutor level.
If a corporation is the complainant, insist on proof of authority (board resolution/Special Power of Attorney) for whoever swore the complaint.

If you want, I can turn the template into a fillable Word file or checklist you can print and bring to the prosecutor’s office.