1) What a “Rejoinder Affidavit” is in Philippine criminal procedure

A Rejoinder Affidavit (often called a Reply Affidavit) is the complainant’s written, sworn response to the respondent/accused’s Counter-Affidavit during preliminary investigation (or, less commonly, during an inquest that is later converted into a regular preliminary investigation).

In practice, it is used to:

Answer new matters raised in the Counter-Affidavit (e.g., alleged consent, “it was a civil dispute,” “I bought it in good faith,” alibi, denial, or purported ownership).
Correct misstatements and attach rebuttal documents (e.g., OR/CR, deed of sale, demand letters, GPS records, CCTV screenshots, chat messages, turnover receipts, police blotter entries).
Clarify the timeline and strengthen probable cause for filing in court.

Important procedural note: Under Rule 112 (Rules of Criminal Procedure), the standard exchange is Complaint-Affidavit + Counter-Affidavit. A rejoinder/reply is not always automatic; many prosecutors allow it only upon request/leave and only to address matters raised for the first time in the counter-affidavit. Some offices set short deadlines (often a few days) and may refuse repetitive replies.

2) Carnapping in the Philippines: the governing law and core concepts

Carnapping is primarily governed by Republic Act No. 10883 (Anti-Carnapping Act of 2016) (which modernized the older PD 533 regime). While the exact charges vary with the facts, prosecutors typically anchor probable cause on:

A. Basic definition (general idea)

Carnapping is the taking, with intent to gain, of a motor vehicle without the owner’s consent, or by violence against or intimidation of persons or by force upon things.

“Intent to gain” is often inferred from conduct (e.g., taking and keeping the vehicle, hiding it, dismantling, selling, using fake plates, refusing to return despite demand).

B. Common “species” of carnapping scenarios in real cases

Outright theft (parked vehicle taken; later recovered with altered parts/plates).
Violence/intimidation (driver threatened; vehicle forcibly taken).
Force upon things (garage break-in; tampered ignition; cut locks).
“Rent-tangay” / leased vehicle not returned (vehicle rented or entrusted, then kept or disposed of).
Entrustment/agency (vehicle given for sale/repair, then spirited away).
Financing/loan default framed as carnapping (highly fact-sensitive; can be legitimate carnapping or a purely civil dispute depending on ownership/consent/taking and proof of intent to gain).
“Good faith buyer” defense (respondent claims purchase; complainant claims stolen vehicle).

C. Qualified/complex situations that affect penalty and theory

Carnapping with violence/intimidation vs. without.
Carnapping resulting in homicide/rape (treated far more severely).
Fencing-type facts (possession/trade of stolen vehicle parts may trigger separate liabilities depending on the evidence and applicable statutes).

3) Where the Rejoinder Affidavit fits in the process (Philippine context)

A. Typical flow (regular preliminary investigation)

Complaint-Affidavit filed with the Office of the City/Provincial Prosecutor (OCP/OPP), with attachments and witness affidavits.
Prosecutor issues a subpoena to the respondent to submit a Counter-Affidavit and evidence.
Prosecutor may allow a Reply/Rejoinder (often limited to new issues), then may require a Rebuttal/Sur-rejoinder in rare cases.
Prosecutor resolves whether there is probable cause and, if yes, files an Information in court (usually RTC).
Case proceeds to arraignment, pre-trial, and trial.

B. Inquest situations

If the respondent is arrested without a warrant and detained, an inquest may happen. If the respondent requests a regular preliminary investigation, the matter may be “converted,” and rejoinders may be allowed depending on the prosecutor’s directives.

C. Deadlines and filing realities

Deadlines for a rejoinder vary by office practice and the prosecutor’s order. If you file one, keep it:

Fast (meet the deadline),
Focused (new matters only),
Evidentiary (attach documents with clear explanations).

4) What a strong Rejoinder Affidavit should contain in a carnapping case

A rejoinder is not a re-telling of your entire complaint. It is a rebuttal instrument. Strong rejoinders typically do these:

A. Identify and answer “new matters”

Common new matters in carnapping counter-affidavits:

Consent (e.g., “He allowed me to use it,” “It was leased,” “We had a deal.”)
Ownership dispute (e.g., “It’s mine,” “I paid for it,” “I’m the real owner.”)
Civil case angle (“This is just unpaid debt/financing dispute.”)
Good faith purchase (“I bought it; I didn’t know it was stolen.”)
Alibi/denial (“I was elsewhere,” “I never possessed it.”)
Return/settlement claims (“I already returned it,” “We settled.”)

Your rejoinder should answer each with:

Direct denial or clarification, and
Objective evidence (documents, messages, photos, records).

B. Tighten the element-by-element narrative

Even if the prosecutor already has your complaint, restating the key elements (briefly) helps:

Motor vehicle identity (make/model/year, plate, engine no., chassis no.).
Ownership/possessory right (OR/CR, deed of sale, financing documents, authority to use).
Taking (how respondent obtained or seized it; last known lawful possession; when it went missing).
Lack of consent (explicit refusal, absence of authority, revocation, demand to return).
Intent to gain (refusal to return, concealment, disposition, use of fake identity, attempts to sell/dismantle).

C. Explain away “civil dispute” arguments

A civil relationship does not automatically erase criminal liability. What matters is whether the facts show:

Taking without consent and intent to gain, and not merely a contractual breach. A rejoinder should show the point where consent ended (if any existed) and the respondent’s actions thereafter.

D. Use annexes properly

Label each attachment: Annex “A,” “B,” “C,” etc.
Refer to them in the text: “Attached as Annex ‘B’ is…”
If electronic: printouts with a clear explanation of source (e.g., screenshots of chats; CCTV stills) and, where possible, identify the device/account.

E. Avoid common mistakes

Over-arguing without evidence.
Attacking character instead of facts.
Adding new accusations not in the complaint (can distract).
Including inadmissible conclusions (“He is a criminal”) rather than factual statements.
Forgetting to connect exhibits to the timeline.

5) Evidentiary points that often matter in carnapping rejoinders

A. Ownership and the OR/CR

Prosecutors often treat the LTO Certificate of Registration (CR) and Official Receipt (OR) as strong indicators of registered ownership.
If the respondent claims ownership, rebut with:
- deed(s) of sale,
- authority letters,
- financing/lease agreements,
- registration history,
- proof of possession and control (parking, garage, GPS subscription, insurance, maintenance records).

B. Demand to return (especially in rent-tangay/entrustment)

A written demand (letter, SMS, chat) helps show:

consent was revoked,
retention became unlawful,
intent to gain can be inferred from refusal/non-return.

C. Possession and “recent possession” logic

If the vehicle is recovered from the respondent or traced to them soon after the taking, highlight:

recovery circumstances (police report),
location,
keys/ignition tampering,
altered identifiers,
respondent’s inconsistent explanations.

D. Identity issues

If the respondent claims misidentification:

include witness affidavits identifying them,
CCTV stills,
communications from their known number/account,
transaction records.

6) SAMPLE REJOINDER AFFIDAVIT (PHILIPPINE FORMAT)

Note: This is a sample template. Tailor it to your facts, your attachments, and the prosecutor’s instructions. Keep statements truthful and based on personal knowledge or properly identified records.

REPUBLIC OF THE PHILIPPINES ) CITY/PROVINCE OF __________ ) S.S.

REJOINDER AFFIDAVIT

I, [FULL NAME], of legal age, [civil status], [citizenship], and residing at [address], after having been duly sworn in accordance with law, hereby depose and state:

I am the Complainant in the above-captioned case for Carnapping filed before the Office of the [City/Provincial] Prosecutor of __________, and I submit this Rejoinder Affidavit to respond to the Counter-Affidavit of [RESPONDENT’S NAME] dated [date].
I respectfully state that the Counter-Affidavit contains material misstatements and raises new matters which I address point-by-point below. Unless expressly admitted, all allegations therein are denied.

I. ON RESPONDENT’S CLAIM OF CONSENT/AUTHORITY TO USE OR POSSESS THE VEHICLE

Respondent claims that I allegedly authorized him to use/keep the subject vehicle, described as: [Make/Model/Year/Color], Plate No. [____], Engine No. [____], Chassis No. [____] (“subject vehicle”). This claim is false.
The truth is that [state the real arrangement, if any, in one paragraph]. Respondent was only allowed to [limited use / test drive / bring to mechanic / rent for X days / deliver to buyer / park temporarily] under the following conditions: [conditions].
Any permission that may have existed was expressly limited and was revoked on [date] when I [demanded return / reported missing / discovered non-return / learned of disposal]. Attached as Annex “A” is [demand letter / chat messages / SMS] showing that I demanded the return of the vehicle and Respondent’s failure/refusal to comply.
Despite repeated demands, Respondent did not return the subject vehicle and instead [state respondent’s acts: concealed it, transferred possession, attempted to sell, used different plate, dismantled, etc.]. These acts show lack of consent and support intent to gain.

II. ON RESPONDENT’S CLAIM OF OWNERSHIP / “CIVIL DISPUTE ONLY”

Respondent alleges that he is the “owner” or has a superior right over the subject vehicle and that this is merely a civil dispute. This is misleading.
I am the registered owner / lawful possessor of the subject vehicle. Attached as Annex “B” is the Certificate of Registration (CR) and Annex “C” is the Official Receipt (OR) issued by the LTO in my name (or in the name of [name], from whom I acquired lawful rights, as explained below).
[If applicable] I acquired the vehicle through [deed of sale / financing / transfer] dated [date]. Attached as Annex “D” is the Deed of Sale / Contract and Annex “E” is [proof of payment / delivery / insurance / maintenance records].
Even assuming arguendo that Respondent had some transaction with [any person], Respondent had no lawful authority to take the vehicle from my possession or to keep/dispose of it against my will. The criminal act lies in the taking/keeping without consent and with intent to gain, which is not negated by labeling the matter as “civil.”
Respondent’s acts after my demand—particularly [non-return, concealment, disposal, inconsistent explanations]—demonstrate criminal intent rather than a mere contractual misunderstanding.

III. ON RESPONDENT’S DENIAL / ALIBI / CLAIM THAT HE NEVER POSSESSED THE VEHICLE

Respondent denies possession of the vehicle. This denial is contradicted by evidence.
On [date/time], Respondent was seen [driving/receiving/parking/transferring] the subject vehicle at [place] by [witness name], whose affidavit is attached as Annex “F.”
Attached as Annex “G” are [CCTV screenshots / GPS logs / toll records / parking records] showing the subject vehicle at [location] at [time], consistent with Respondent’s possession/control.
Attached as Annex “H” are [chat messages / call logs / admissions] where Respondent [admits possession / negotiates return / asks for money / threatens / gives conditions].

IV. ON RECOVERY / ALTERATION / OTHER INDICIA OF INTENT TO GAIN (IF APPLICABLE)

The subject vehicle was recovered on [date] at [place] under circumstances indicating unlawful taking and intent to gain, as shown in the [police report / inventory / impounding report] attached as Annex “I.”
At the time of recovery, the vehicle had [tampered ignition / missing parts / altered plate number / changed body color / removed stickers / altered identifiers], which are consistent with an attempt to conceal identity and support intent to gain. Photographs are attached as Annex “J.”

V. CONCLUSION

For the foregoing reasons, Respondent’s Counter-Affidavit fails to overturn the evidence showing that the subject vehicle was taken/kept without my consent and with intent to gain, and that there exists probable cause to charge Respondent for Carnapping and such other applicable offenses as the evidence may warrant.
I respectfully pray that the Office of the Prosecutor DISREGARD Respondent’s baseless defenses and FIND PROBABLE CAUSE and file the appropriate Information in court.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of __________ 20__ in __________, Philippines.

[FULL NAME] Affiant

SUBSCRIBED AND SWORN to before me this ____ day of __________ 20__ in **********, Philippines, affiant exhibiting to me his/her competent evidence of identity, [ID type] No. **************, issued on __________ at __________.

Notary Public Doc No. ____; Page No. ____; Book No. __; Series of 20.

7) Practical drafting tips (Philippine prosecutor-friendly)

Use numbered paragraphs and short sections that match the respondent’s headings.
Quote sparingly: paraphrase their claim, then refute with evidence.
One fact = one annex whenever possible.
For chat screenshots: identify the account/number as yours and the respondent’s, and explain how you recognize it (saved contact name, prior communications, etc.).
If the theory is rent-tangay/entrustment, emphasize:
- initial limited consent,
- deadline to return,
- demand,
- continued retention/disposal = intent to gain.
If the respondent claims good faith purchase, focus on red flags:
- unusually low price,
- no proper deed/IDs,
- tampered identifiers,
- inability to explain source,
- failure to verify registration.

8) Quick checklist before filing a rejoinder in a carnapping case

It addresses only new matters (or clearly corrects material misstatements).
It identifies the vehicle with full details (plate/engine/chassis).
It shows lack of consent (or revocation of any limited consent).
It supports intent to gain through acts and circumstances.
Annexes are labeled and referenced properly.
The affidavit is sworn and notarized with valid ID details.
You filed within the prosecutor’s deadline and served copies as required by local practice.