Short Notice for Submitting a Counter-Affidavit on an “Unpaid Loan” Subpoena (Philippine Context)

This article explains what a counter-affidavit is in a Philippine preliminary investigation, why “unpaid loan” complaints often lead to criminal subpoenas, what to do if you receive short notice, and how to prepare, file, and protect your rights—fast.

1) Why you received a subpoena for an “unpaid loan”

Pure non-payment of a loan is civil, but lenders sometimes file criminal complaints to compel payment, most commonly for:
- Estafa (swindling) under Article 315 (e.g., inducing a loan through deceit, or misappropriating property received in trust); and/or
- B.P. Blg. 22 (Bouncing Checks Law) if a check issued for the loan is dishonored.
A subpoena from a prosecutor (City/Provincial Prosecutor’s Office or DOJ unit) means a preliminary investigation is underway. You are the respondent and are being required to submit a counter-affidavit with your evidence.

2) Your baseline deadline: the 10-day rule

In preliminary investigation, respondents are generally required to submit a counter-affidavit within 10 days from receipt of the subpoena with the complaint and annexes.
Computation of time (Rules of Court):
- Day 1 is the day after you received the subpoena.
- Include the last day; if it falls on a Saturday, Sunday, or legal holiday, you may file on the next working day.
If the subpoena did not attach the complaint/annexes, or the copies are unreadable/incomplete, you can invoke due process and ask that the period run only upon full receipt of the attachments.

3) Short notice? Do this immediately (same day if possible)

Calendar the deadline using the 10-day rule.
Check completeness: Do you have the complaint-affidavit and all annexes?
Retain counsel (if you have one, loop them in now). You have the right to counsel when preparing and subscribing your affidavit.
Request an extension (see template below) before the deadline if time is insufficient, citing volume of records, need to obtain documents/witness affidavits, or late/defective service.
Ask for complete attachments (if any are missing) and state that your 10-day period should run from complete service.
Begin drafting even while the extension is pending. Aim to file at least a Partial Counter-Affidavit ad cautelam with key defenses and exhibits if you’re truly pressed.

Practical tip: Prosecutors frequently grant a first extension of 10–15 days for good cause, especially on first request and if asked before the lapse of the original period.

4) Elements commonly alleged—and fast ways to spot your defenses

A) Estafa (Art. 315)

Typical prosecution theories in loan scenarios:

Deceit at the time of borrowing (false pretenses that induced the lender to part with money).
Misappropriation/Conversion of money, goods, or property received in trust (e.g., for a specific purpose).

Quick defense map

No deceit at inception: The agreement was a straightforward loan; non-payment alone is civil.
Good-faith belief you could pay; subsequent inability isn’t estafa without original deceit.
No fiduciary/trust character (for misappropriation); ordinary loan transfers ownership of money to the borrower.
No damage or causal link to alleged deceit.
Inadmissible hearsay or unauthenticated documents.

B) B.P. 22 (Bouncing Checks)

Prosecution typically alleges:

You issued a check to apply on account or for value and it was dishonored on presentment, and you failed to make good payment within the statutory period after notice of dishonor.

Quick defense map

Check not for value (e.g., security deposit post-dated with no consideration).
No notice of dishonor received (or notice defective).
Full payment/settlement within the grace period.
Material alterations or irregular presentment.
Civil compromise that extinguishes the obligation (context-dependent).

5) Building your counter-affidavit under time pressure

Minimum contents (even for a partial filing)

Caption and title (as in the subpoena).
Your identity and capacity (attach a government ID).
Clear, numbered facts that directly negate elements of the offense(s).
Defenses with exhibits, e.g.:
- Loan contracts, receipts, bank statements, chat/email trails,
- Proof of payments/partial payments/restructuring,
- Demand letters and your replies,
- Proof of compromised or civil nature of the dispute.
Affidavits of witnesses (if not yet available, identify them and state you will submit their affidavits upon grant of extension).
Prayer (dismissal of the complaint).
Subscription and jurat: Affidavits must be subscribed and sworn before a prosecutor or authorized officer (or a notary, as allowed), with competent evidence of identity.

Exhibits checklist (attach what you can now)

Loan documents and any acknowledgments by the complainant.
Proof of funds attempts, restructuring offers, or good-faith negotiations.
Notice of dishonor (if B.P. 22 is alleged)—and your timely payment or lack of notice.
Barangay conciliation records (if applicable) or exceptions (e.g., parties are not barangay neighbors, corporate party, or subject matter falls under exceptions).

6) Extensions, partial filings, and due-process levers

Motion for Extension of Time: File before the deadline; show good cause (voluminous records, need to secure bank certifications, illness, counsel unavailability, late service, missing annexes).
Partial Counter-Affidavit ad cautelam: If unsure extension will be granted, file a partial with your core defenses and reserve the right to supplement.
Challenge defective service: If you were not served the complaint/annexes, or service was via an address you no longer use (and the complainant knew), state the defect and request the period to run from proper service.
Clarificatory hearing: You may request one if it will aid resolution (discretionary with the prosecutor). Don’t rely on it; your papers should already stand on their own.

7) Consequences of not filing on time

The prosecutor may resolve the case based solely on complainant’s evidence and recommend filing of an Information in court.
For offenses that allow warrants of arrest upon the filing of an Information, you risk arrest once the court issues a warrant. (For BP 22, courts commonly issue notices/summons first, but practice varies.)
Late filings are not guaranteed to be admitted. File something on time (even partial) and ask to admit supplemental filings once the extension is granted.

8) Filing mechanics (make no mistakes here)

Where: The prosecutor’s office indicated in the subpoena.
How many sets: Typically original + copies for the prosecutor and each complainant (confirm local practice; if unsure, file at least three complete sets).
Service on complainant: Provide proof of service (personal service or reputable courier; email if allowed by that office). Attach your proof of service to the set you file with the prosecutor.
Format: Paginate; use a table of contents and exhibit markers (Annex “A”, “A-1”, etc.). Each exhibit should have a simple authentication paragraph in your affidavit.

9) Strategy notes specific to “unpaid loan” narratives

Civil vs. criminal: Emphasize that the transaction is a simple loan (mutuum). Non-payment without deceit at inception is civil. Attach the loan instrument and payment history to demonstrate good faith.
Document your good faith: Show attempts to pay, restructure, or mediate. Good-faith negotiations undercut deceit and B.P. 22 intent.
If a check was issued: Focus on notice of dishonor and timely payment; highlight that post-dated checks issued as security (not for value) weaken B.P. 22 allegations.
Barangay conciliation: For disputes between natural persons residing in the same city/municipality and not otherwise exempt, unresolved barangay conciliation is often a pre-condition to filing certain cases. If plainly required but skipped, raise it.

10) Templates you can adapt quickly

A) Motion for Extension of Time to File Counter-Affidavit

CAPTION

MOTION FOR EXTENSION OF TIME
TO FILE COUNTER-AFFIDAVIT

Respondent respectfully moves for a [__]-day extension from [current due date] to file the Counter-Affidavit, stating:

1. Respondent received the subpoena on [date]. The 10-day period lapses on [date].
2. Good cause exists: [e.g., numerous annexes to review; bank certifications being obtained; counsel engaged only on (date); incomplete/blurred attachments; health/family emergency].
3. This is the first request; no prejudice will result. Respondent intends to file a substantive Counter-Affidavit within the requested period.

PRAYER: Grant a [__]-day extension counted from [the current due date / date of complete service], and admit any Partial Counter-Affidavit filed ad cautelam.

[Signature, address, email, phone]
[Verification/Certification against forum shopping if required by local practice]

B) Partial Counter-Affidavit (ad cautelam) – Skeleton

CAPTION

COUNTER-AFFIDAVIT (AD CAUTELAM)

I, [Name], Filipino, of legal age, state:

1. I received the subpoena on [date]. I respectfully adopt this partial filing to comply with the 10-day period, with a motion for extension pending.
2. The complaint arises from a civil loan. There was no deceit at the inception of the loan. Non-payment alone is not estafa.
3. I acted in good faith: [brief facts + attach receipts/communications].
4. For any B.P. 22 allegation: [no notice of dishonor received / payment within period / check issued as security and not for value].
5. I reserve the right to submit supplemental affidavits and exhibits within the extension period.

PRAYER: Dismiss the complaint for lack of probable cause.

[Signature over printed name]
SUBSCRIBED AND SWORN before me this [date], [place], affiant exhibiting [ID details].

C) Proof of Service (basic)

I certify that on [date], I served a copy of the [Counter-Affidavit/Motion] with annexes on complainant/counsel at [address/email] via [personal service/courier/email], as evidenced by [attached courier receipt/email log].

[Signature]

11) Quality-control before filing

Are all pages signed and initialed where needed?
Are annexes complete and readable?
Do your numbered paragraphs track and negate each element of the offense?
Is your proof of service attached?
Is your affidavit properly subscribed and sworn with competent ID?

12) After you file

Keep stamped-received copies and courier proofs.
Monitor for:
- Opposing reply (if allowed),
- Clarificatory hearing notice, or
- Resolution (dismissal or filing of Information).
If an Information is filed despite defenses, explore Rule 117 (Motion to Quash) or other remedies with counsel, especially where the facts alleged do not constitute an offense or there are jurisdictional defects.

13) Frequently asked quick points

Can I file by email? Some prosecutor’s offices accept electronic filings; others require personal filing. If uncertain and time is short, personally file and also email a courtesy copy following the office’s indicated addresses.
No lawyer available? You may file pro se. Keep it factual, attach exhibits, and ensure proper subscription before an authorized officer.
What if the subpoena came late? State the date you actually received it, attach proof (envelope, courier log), and request that periods run from actual receipt.
What if I truly can’t finish? File a partial filing + motion for extension; don’t let the original period lapse with nothing on record.

14) One-page emergency plan (TL;DR)

Count 10 days from receipt (move to next business day if it lands on a weekend/holiday).
Ask for complete annexes; say the clock runs from complete service.
File a Motion for Extension before the deadline.
File a Partial Counter-Affidavit ad cautelam with your strongest exhibits.
Properly subscribe your affidavit and serve the other side.
Keep proofs of filing and service; prepare your full supplement.

This article provides general information on Philippine procedure and common practices. For advice on your specific facts, consult counsel.