Reply-Affidavit Requirements in Estafa Cases (Philippines)

Comprehensive guide for lawyers, complainants, and respondents (Updated to the 2021 Revised Rules of Criminal Procedure and recent DOJ circulars; purely informational, not legal advice)

1. Context: Where a reply-affidavit fits

Stage	Typical filing	Purpose
Complaint-Affidavit	Filed by the offended party with the Office of the City/Provincial Prosecutor (or DOJ).	Lays out the estafa charges (Art. 315, Revised Penal Code) and evidence.
Counter-Affidavit & Evidence	Filed by each respondent after being subpoenaed.	Rebuts the complaint, may raise affirmative defenses.
Reply-Affidavit	Optional; filed by the complainant only to answer new matters in the counter-affidavit.	Clarifies issues, offers additional evidence, and narrows the factual/legal disputes before the investigating prosecutor resolves probable cause.

The investigating prosecutor may still allow a rejoinder-affidavit, but this is discretionary and rare.

2. Legal Foundations

Article 315, Revised Penal Code – Defines estafa in its various modes (misappropriation, deceit, bouncing checks, confidence games, etc.).
Rule 112, Rules of Criminal Procedure (as amended, effective 1 May 2021)
- §3(b)–(e): governs preliminary investigation; expressly allows reply-affidavits.
- Time-limits: 10 days for counter-affidavit; 5 calendar days for reply-affidavit from receipt of the counter-affidavit, unless extended for good cause in writing.
DOJ Department Circulars
- DC No. 70-2017, DC No. 04-2016, DC No. 020-2020 (e-filing rules): give prosecutors authority to set or extend periods and accept electronic copies.
Rules on Notarial Practice (2004, as amended) – details on jurats, competent evidence of identity, and sanction for defective notarization.
Rules on Electronic Evidence (A.M. 01-7-01-SC) – validates electronic documents and signatures attached to affidavits.

3. Who must file a reply-affidavit?

Filing is optional. Failure to file usually waives the complainant’s opportunity to rebut new matters but does not automatically weaken the complaint; the prosecutor will decide based on the record. File a reply-affidavit when:

The counter-affidavit introduces facts or documents not previously addressed.
Respondent alleges payments, novation, or civil compromise that need refutation.
Respondent questions jurisdiction, venue, or authenticity of receipts/contracts.

4. Formal Requirements (Format & Execution)

Requirement	Key Points
Caption & Title	“REPUBLIC OF THE PHILIPPINES, OFFICE OF THE CITY PROSECUTOR OF ___” • Docket number if assigned.
Parties	“In Re: Estafa under Art. 315, RPC – Complainant v. Respondent/s”.
Body	Numbered paragraphs; start with a statement incorporating earlier affidavits by reference; address new matters only; cite annexes.
Verification & Oath (Jurat)	Sworn personally before: (a) the investigating prosecutor or (b) a notary public. Include ID details and competent evidence of identity.
Signature	Affiant signs every page; counsel may sign for conformity.
Annexes	Mark as “Annex ‘C’”, “Annex ‘C-1’”, etc.; each exhibit must be authenticated (originals or certified copies).
Proof of Service	State how/when copies were furnished to each respondent (personal service, registered mail, courier, or authorized e-mail).
Copies	Minimum: 1 original for the prosecutor, plus 1 copy per respondent; keep a stamped-received copy.
Paper & Font	A4 or legal-size, double-spaced, readable font (12 pt).
Language	English or Filipino; attach sworn translation if executed in another language.
Electronic Filing	If allowed (see DC 20-2020), submit PDF with e-signature and separate PDF annexes; follow local prosecutor’s e-mail protocol.

5. Substantive Best-Practice Checklist

Respond only to new allegations. Re-arguing old points can be stricken as irrelevant.
Tie facts to estafa elements.
- Deceit or abuse of confidence – refute claims that no deceit existed.
- Damage or prejudice – clarify computation or show continuing restitution efforts.
- Demand – attach demand letters or explain why demand is not required (e.g., P.D. 1689, bouncing checks, or trust receipt cases).
Authenticate documents. Demand letters, receipts, checks, contracts, bank statements, chats, and e-mails must be signed, certified or printed with metadata.
Anticipate defenses such as novation, civil compromise, mistake, or payment, and address them point-by-point.
Keep it concise. Prosecutors often prefer 3–5 pages of text plus annexes.

6. Deadlines & Extensions

Action	Default Period	Extension?
Counter-Affidavit → Reply-Affidavit	5 days from complainant’s receipt	Yes, but only for good cause shown in a motion addressed to the investigating prosecutor before the period lapses.
Service on Respondents	Same day as filing, or next business day	N/A
Late Filing	Prosecutor may note late filing but often still admits the reply if it helps clarify issues and no prejudice is shown.

Practical tip: File a motion to admit together with a late reply and explain “excusable negligence,” force majeure, or recent discovery of decisive evidence.

7. Notarization & Perjury Risks

Defective or missing jurat renders the affidavit self-serving and inadmissible; it may still be considered but loses evidentiary weight.
Knowingly making material false statements is the crime of perjury (Art. 183, RPC, as amended by R.A. 11594, 2021: penalties now up to prisión mayor).

8. Electronic & Pandemic-Era Adaptations

DOJ DC 20-2020 allows e-mailed affidavits (PDF) if in-person filing is impracticable; follow size limits and naming conventions.
Use Digitally-signed PDFs (admissible under the Rules on Electronic Evidence).
Keep the original wet-ink copy for presentation should the prosecutor require it.

9. Jurisprudence Illustrating the Value of Reply-Affidavits

Case	G.R. No.	Holding
Pascual v. People	171098, 13 Dec 2010	Demand is not indispensable in certain estafa modes; complainant’s reply-affidavit clarified that deceit preceded delivery of funds.
People v. Velasco	195688, 05 July 2017	Affirmed conviction where complainant’s reply-affidavit cured deficiencies in the original complaint by supplying receipts and text messages.
Lintang v. People	254457, 20 Jan 2021	Supreme Court disregarded late-filed reply-affidavit because it rehashed old issues; underlines need to stick to new matters.
Go v. Office of the Ombudsman	194338, 29 Jun 2016	Held that the right to a reply is not absolute; failure to file does not violate due process if parties could fully ventilate defenses.

10. Common Pitfalls & How to Avoid Them

Redundant arguments → Address only new points.
Unauthenticated annexes → Certify or have originals ready.
Missed deadline → Proactively seek extension; file motion to admit.
Blank or incomplete jurat → Double-check notary’s full name, commission, serial number of IDs, venue, and date.
Failure to serve respondents → Attach registry receipts, courier tracking, or e-mail proof.

11. Practical Drafting Template (Skeleton)

REPUBLIC OF THE PHILIPPINES
Office of the City Prosecutor
City of _______

IN RE:  ESTAFA (Article 315, Revised Penal Code)
                      NPS Docket No. ___________

JUAN DELA CRUZ,                               )
      Complainant,                            )
                                              )
      -versus-                                )        REPLY-AFFIDAVIT
                                              )
PEDRO SANTOS,                                 )
      Respondent.                             )
______________________________________________)

I, JUAN DELA CRUZ, Filipino, of legal age, married, and a resident of _______, after having been duly sworn, depose and state THAT:

1. I hereby adopt and incorporate by reference my Complaint-Affidavit dated 01 June 2025.  

2. Paragraph 3 of respondent’s Counter-Affidavit dated 10 June 2025, alleging full payment, is false.  Respondent has not delivered any payment as shown in the **Demand Letter dated 02 June 2025 (Annex "C")** and my bank statement (Annex "C-1").  

3. Respondent’s new claim that I agreed to a novation is belied by the **Viber messages dated 03 June 2025 (Annex "C-2")** where he requested an extension *without* altering our contract.  

4. The elements of estafa by misappropriation are thus complete:  
   a. [state each element briefly with reference to annexes]  

5. Further, respondent’s issuance of BPI Check No. 123456, which was dishonored for “Account Closed” on 05 June 2025, independently constitutes estafa under Art. 315 §2(d).

IN WITNESS WHEREOF, I have hereunto affixed my signature this 15th day of June 2025 in ________ City, Philippines.

(Sgd.) _____________
JUAN DELA CRUZ
Affiant
TIN/ID No.: __________
                                 SUBSCRIBED AND SWORN to before me...

12. Key Takeaways

Timeliness, oath, and focus on new matters make or break a reply-affidavit.
Attach documentary proof that meets evidentiary rules—critical in estafa where deception and damage are proved largely by paper and electronic trails.
A well-crafted reply-affidavit can correct omissions in the complaint and pre-empt defenses, increasing the chance of a finding of probable cause.
Always coordinate with the investigating prosecutor’s office for local filing protocols, especially on e-filing and extensions.