A practical legal article on purpose, procedure, drafting strategy, format, and common pitfalls in the Philippine preliminary investigation system.

1) What a Counter-Affidavit Is—and What It Is Not

A counter-affidavit is the respondent’s sworn written submission in a preliminary investigation (or similar prosecutorial evaluation) explaining why no probable cause exists to charge them in court. It typically contains:

A narration of facts from the respondent’s perspective
Point-by-point answers to the complaint and supporting affidavit(s)
Defenses (factual, legal, procedural)
Attached evidence (documents, photos, screenshots, receipts, certifications, affidavits of witnesses)

It is not a full-blown trial brief. It is not meant to “win the case” beyond doubt. Its job is to show that the complaint does not justify filing an Information because probable cause is lacking, the elements are not met, the evidence is unreliable, or a legal bar exists.

2) Where Counter-Affidavits Fit in the Philippine Criminal Process

A. Usual flow (no arrest, regular preliminary investigation)

Complaint-affidavit filed with the prosecutor (Office of the City/Provincial Prosecutor, or a specialized prosecution office).
Prosecutor issues a subpoena to the respondent, attaching copies of the complaint and annexes, and requiring a counter-affidavit (and supporting evidence).
Complainant may file a reply-affidavit.
Respondent may file a rejoinder (if allowed/required by the handling office).
Prosecutor resolves: dismiss or file Information in court.

B. Inquest situations (warrantless arrest; “urgent” filing)

If a person is arrested without a warrant and is detained, the prosecutor may conduct an inquest (a summary determination). The detained person may later request/receive a preliminary investigation, where counter-affidavits become central. This is time-sensitive and tactical because choices made early (waivers, requests for PI, bail steps) can affect posture.

3) The Governing Framework (Philippine Context)

Counter-affidavits are shaped by:

The constitutional right to due process, including the right to be heard and to submit evidence.
The Rules of Criminal Procedure on preliminary investigation (probable cause standard; submissions are generally affidavit-based).
DOJ/National Prosecution Service (NPS) rules/circulars and practice, which detail subpoena procedures, filing mechanics, and affidavit exchange.
Local prosecutorial office requirements (copies, formatting, e-filing, authentication norms).

Because implementing rules and office practices can be updated, always confirm the current filing method and any required forms at the handling prosecutor’s office.

4) Deadlines and Extensions: Don’t Miss the Window

Common baseline expectation

A subpoena typically gives the respondent a short period to submit a counter-affidavit and evidence. If you do not file on time, the prosecutor may resolve the complaint based solely on the complainant’s evidence.

Practical rules of thumb

Treat the subpoena deadline as hard.
If you need more time, file a motion for extension before the deadline, stating justified grounds (volume of records, need to secure certifications, overseas witness, medical reasons, etc.).
Even if an extension is uncertain, file a protective counter-affidavit by the deadline and reserve the right to submit supplemental documents if allowed.

5) Understanding the Standard: “Probable Cause,” Not Proof Beyond Reasonable Doubt

In preliminary investigation, the question is whether there is probable cause to believe:

a crime was committed, and
the respondent is probably guilty.

This is a lower threshold than trial. Your counter-affidavit should therefore focus on:

Missing elements of the offense
Unreliable identification or weak linkage to respondent
Internal contradictions and credibility gaps
Documentary impossibility (timestamps, locations, records)
Legal bars (prescription, lack of jurisdiction, double jeopardy, etc., when applicable)

6) Strategic Objectives of a Strong Counter-Affidavit

A well-built counter-affidavit aims to achieve one or more of these outcomes:

Outright dismissal for lack of probable cause
Downgrading (e.g., from a graver to a lesser offense)
Exclusion of certain respondents (misjoinder; wrong person)
Narrowing issues (forcing complainant to confront contradictions)
Preserving defenses and avoiding admissions that will haunt you at trial
Setting up review remedies (e.g., reinvestigation/motion for reconsideration, DOJ appeal where available) if an adverse resolution issues

7) Before You Draft: Build a Case File

A. Collect the full set of allegations

Complaint-affidavit
All annexes: screenshots, chat logs, photos, medical records, contracts, demand letters, barangay blotters, police reports, etc.
Any supplemental affidavits

B. Create an “Elements Matrix”

Make a table (even privately) with:

Offense charged
Elements of the offense
Complainant’s evidence per element
Your rebuttal evidence/argument per element

This prevents rambling narratives and ensures your counter-affidavit attacks what matters.

C. Build your chronology

A clean timeline often wins probable cause fights:

Dates, times, locations
Who was present
Where the respondent was (with support)
Documentary anchors (receipts, GPS logs, work records, travel records)

8) Anatomy of a Counter-Affidavit (Recommended Structure)

1) Caption and Title

Office of the Prosecutor (City/Province), address
Case reference (NPS docket number, I.S. number, etc.)
Parties: “Complainant vs. Respondent”
Offense charged
Title: “COUNTER-AFFIDAVIT”

2) Personal Circumstances and Oath

State:

Name, age, civil status, address
That you are executing the affidavit to answer the complaint and assert defenses

3) Preliminary Statements (Optional but useful)

Examples:

Deny material allegations
State that statements are based on personal knowledge or authenticated records
Raise confidentiality concerns when relevant (minors, sensitive data)

4) Statement of Facts (Your Version)

Tell a coherent story
Use numbered paragraphs
Avoid insults; stick to facts
Reference attached exhibits in-line (e.g., “Annex ‘1’”)

5) Specific Refutations (Point-by-Point)

Mirror the complainant’s paragraphs:

“Paragraph 5 is denied…”
Explain why it is false or misleading
Cite exhibits, inconsistencies, and objective records

6) Legal Discussion (Element-by-Element)

Keep it practical:

Identify the required elements
Explain which element is unsupported
Highlight evidentiary weakness (hearsay where critical, lack of personal knowledge, unauthenticated screenshots)

7) Defenses (Factual and Legal)

Common buckets:

Mistaken identity / wrong respondent
Alibi supported by records (work logs, travel, CCTV certification, etc.)
No participation / no intent
Justifying circumstances (e.g., lawful defense) when facts support it
Authority / consent / contract (for property/business disputes)
Absence of damage or causal link when required
Procedural and jurisdictional objections where applicable
Prescription (time-bar), if clearly demonstrable
Forum-shopping / civil nature arguments (cautiously—some acts are both civil and criminal)

8) Prayer

Ask for:

Dismissal of the complaint for lack of probable cause
Such other relief as may be just and equitable

9) Verification, Signature, and Jurat (Notarization)

Counter-affidavits are sworn. They normally require:

Signature of affiant
Competent evidence of identity for notarization
Proper jurat (administered oath)

9) Evidence: What to Attach and How to Present It

A. Strong evidence types in PI

Official records: certifications, registries, government-issued docs
Business records: invoices, receipts, delivery records, emails with headers
Digital evidence: chat logs, screenshots, metadata, download histories (but authenticate as best as you can)
Affidavits of witnesses with direct knowledge
CCTV: secure certified copies or affidavits from custodians, when possible

B. Exhibit handling tips

Label exhibits consistently: Annex “A,” “B,” etc.
Add a short Index of Annexes.
For screenshots and chats:
- Provide context (who, what platform, date/time)
- Avoid selective cropping; include identifying headers when safe
- Explain how you obtained them
If evidence is voluminous: attach key pages and offer to produce the rest upon request.

C. Avoid evidence boomerangs

Do not attach anything that:

Contradicts your own timeline
Contains admissions unnecessary to your defense
Raises new criminal exposure (e.g., unauthorized recordings, hacked accounts) without careful legal analysis

10) Drafting Style That Prosecutors Actually Read

Be linear. One paragraph = one point.
Use headings. “I. FACTS,” “II. ISSUES,” “III. DISCUSSION.”
Use the elements matrix. Attack the elements, not personalities.
Cite exhibits, not emotions.
Be credible. Concede harmless facts when undeniable; focus on what defeats probable cause.

11) Common Defensive Themes (Philippine Practice)

A. “Purely civil” disputes (use carefully)

In business/contract conflicts, complainants sometimes criminalize breach of contract. Your counter-affidavit can emphasize:

Existence of contractual relationship
Good-faith performance or dispute over terms
Lack of deceit from the start (critical in estafa-type allegations)

B. Credibility attack: contradictions and motives

Prior inconsistent statements
Delay in reporting without explanation
Documentary mismatch
Motive to extort, harass, or gain leverage (state facts; avoid defamation)

C. Identification and linkage problems

“No personal knowledge” of alleged acts
Reliance on hearsay or anonymous sources
Weak digital attribution (“account could be accessed by others,” but support with facts)

D. Statutory element gaps

Many offenses fail at PI because complainants prove “harm” but not the specific legal element (intent, deceit, lack of authority, taking, force, intimidation, etc.).

12) Special Notes for Affidavit-Based Litigation Realities

A. You are swearing under oath

False statements can expose you to perjury. Be precise:

If you do not know something, say so.
Use “to the best of my knowledge” only when truly appropriate.
Do not guess dates—anchor them to records.

B. Avoid unnecessary admissions

A counter-affidavit is not the place to “explain everything” if it concedes elements. Disclose what supports your defense and defeats probable cause.

C. Keep defenses consistent

Do not simultaneously claim:

“I was not there,” and
“I did it but it was justified,” unless you clearly frame them as alternative defenses and facts genuinely support the alternative.

13) Filing Mechanics and Practical Compliance

What typically matters:

Correct docket number and offense
Correct number of copies (varies by office)
Proper annex labeling
Notarization requirements
Proof of service/filing procedure if required
Compliance with page limits or formatting rules (if the office imposes any)

Prosecutorial offices may have their own checklists. Always align with the receiving office’s current practice.

14) After Filing: What Happens Next

The prosecutor may allow a reply from complainant and sometimes a rejoinder from respondent.
Some offices schedule clarificatory hearings (question-and-answer) to test the affidavits.
A resolution issues:
- Dismissal, or
- Finding of probable cause and filing of an Information in court

If probable cause is found, remedies may exist depending on the context (motion for reconsideration/reinvestigation; departmental review/appeal procedures in appropriate cases). The precise steps can vary by office and case posture.

15) A Practical Counter-Affidavit Outline You Can Follow

A. Introduction

Identity and purpose of affidavit
General denial of allegations inconsistent with your facts

B. Facts 3–12. Chronological narration with annex references

C. Point-by-Point Answers 13–25. Respond to complaint paragraphs

D. Issues 26. Whether the elements are met 27. Whether probable cause exists

E. Discussion 28–40. Element-by-element analysis 41–45. Credibility and evidentiary weaknesses 46–48. Legal bars/defenses (if any)

F. Prayer 49. Dismissal and other relief

G. Annex Index + Attachments

16) Common Mistakes That Sink Counter-Affidavits

Missing the deadline and getting resolved on complainant’s version alone
Writing a long story without addressing the elements
Submitting unauthenticated or suspiciously edited screenshots
Including angry, defamatory accusations instead of objective rebuttal
Contradicting your own annexes
Making absolute claims that can be disproved (dates/locations)
Trying to litigate everything—rather than focusing on probable cause

17) Practical Caution

This article is general legal information for Philippine practice. Because outcomes depend heavily on the offense charged, the evidence, and local prosecutorial rules, it is often wise to have counsel review the counter-affidavit—especially in cases involving detention/inquest, domestic violence allegations, cybercrime/digital attribution issues, business crimes (estafa), or offenses with severe penalties.

If you want, paste (remove personal identifiers) the charge and a short summary of the complainant’s key allegations, and I can give you a counter-affidavit strategy map (issues + defenses + evidence checklist) tailored to that scenario.