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

When a person receives a subpoena from the Office of the City/Provincial Prosecutor in relation to an “unpaid loan,” it usually means a criminal complaint (often estafa or B.P. Blg. 22) has been filed and a preliminary investigation is underway. The subpoena typically directs the respondent to submit a Counter-Affidavit and supporting evidence within a fixed period. This article explains, end-to-end, what this means—especially if you’re on short notice—and how to comply properly under Philippine procedure.

1) First things first: identify what you actually received

Not everything titled “subpoena” is the same. Before drafting anything, determine:

Issuing office.
- Prosecutor’s Office: You’re in criminal preliminary investigation. Counter-Affidavit is the correct responsive pleading.
- Court (RTC/MeTC/MTCC): Could be for a separate civil action (e.g., collection) or a criminal case already filed in court. Courts usually require comment, answer, or compliance, not a counter-affidavit (except where rules expressly allow).
- Barangay/Lupon summons: This is katarungang pambarangay (conciliation), not a counter-affidavit situation. You’ll be asked to appear and later to submit a position paper, not a counter-affidavit.
Docket/reference numbers and parties. Check that your name, address, and the complaint details are correct.
Deadline and manner of filing/service indicated in the subpoena.
Mode of potential crime alleged:
- Estafa (fraud/deceit),
- B.P. 22 (bouncing check),
- or other offenses sometimes misused to pressure repayment.

Important principle: Mere non-payment of debt is not a crime. Criminal liability arises only if statutory elements (e.g., deceit in estafa, or making/drawing/issuance of a check that bounces under B.P. 22) are present. Your Counter-Affidavit should focus on negating those elements, not just narrating hardship.

2) Your procedural rights and default timelines

Right to be informed and to submit evidence: You may file a Counter-Affidavit with documents and Affidavits of your witnesses.
Typical deadline: 10 calendar days from receipt of the subpoena (unless the subpoena states a different period).
Extensions: Reasonable extensions of time can be granted by the investigating prosecutor if requested before the deadline and for meritorious reasons (e.g., need to obtain records, counsel just engaged, medical reasons). Some offices grant a first extension (commonly 5–10 days) as a matter of practice.
Failure to file: The complaint may be resolved ex parte based on the complainant’s evidence alone, and if probable cause is found, an Information may be filed in court.

Compute deadlines carefully. Use calendar days unless the subpoena explicitly uses working days. If the last day falls on a weekend/holiday, the deadline typically moves to the next working day.

3) What to file: components of a complete submission

Submit these, neatly compiled and paginated:

Counter-Affidavit (Verified and Subscribed).
- Signed by you and subscribed and sworn before the investigating prosecutor or an authorized official (e.g., a notary, if allowed).
- State your personal circumstances and your clear, numbered narrative.
- Specific denials and affirmative defenses organized by alleged element.
Annexes (Documentary Evidence).
- Loan documents, receipts, bank statements, text/email printouts, demand letters, proof of payments, settlement proposals, proof of identity/address, etc.
- Each annex should be labeled (Annex “A,” “B,” …), paginated, and referenced in the body.
Affidavits of Witnesses, if any, similarly subscribed and with annexes attached and labeled (Annex “A-1,” “A-2,” etc. to keep sets coherent).
Proof of Service on the complainant (or counsel) via the mode directed (personal/registered mail/courier), if the prosecutor requires service to the opposing party; many offices require you to file with multiple copies for the prosecutor and the complainant.

Formatting tips

Use a caption reflecting the issuing office, parties, and docket number.
Font/spacing: readable font, 1.5 or double-spaced body, 1-inch margins.
Verification/Jurat: Include the proper verification (you attest the allegations are true of personal knowledge or based on authentic records) and a jurat (subscribed before the authorized officer).

4) Substantive defense strategy for “unpaid loan” cases

A) If the allegation is Estafa (Art. 315, RPC)

Estafa requires deceit or abuse of confidence and damage. Typical lines of defense:

No deceit at inception: Show that the loan was ordinary credit with no false pretense; inability to pay later is not deceit.
Good-faith negotiations/performance: Partial payments, restructuring, or collateral offered contradict fraudulent intent.
Civil nature of dispute: Emphasize that the relationship is debtor-creditor, governed by civil law, not criminal.
No damage (or fully settled): Receipts, waivers, or settlement agreements.
Inadmissible/unauthenticated communications: Challenge reliability of screenshots or hearsay unless properly authenticated.

B) If the allegation is B.P. Blg. 22 (Bouncing Checks Law)

B.P. 22 focuses on the issuance of a check that bounced.

No issuance / not your check: Deny authorship or show forgery/alteration.
No consideration / post-fact arrangement: If the check was for deposit/guarantee only or issued under conditions not covered, argue lack of valuable consideration (subject to jurisprudence nuances).
Notice of dishonor: Prosecution must prove you received written notice of dishonor and still failed to pay within the statutory 5 banking days; absence of proper notice is a frequent defense.
Make-good payment: Proof of full payment or settlement after notice can negate or mitigate liability.
Bank error / stop-payment for valid cause: Documentary proof supporting a lawful stop-payment.

Do not argue only hardship. Anchor your defense on legal elements and documentary proof.

5) What to do when you’re on short notice

Calendar the deadline immediately. If today is close to the due date, prepare a Motion for Extension today.
File a Motion for Extension of Time addressed to the investigating prosecutor:
- State the date of receipt of subpoena, due date, and specific reasons (e.g., counsel newly engaged, records to obtain, affiants unavailable).
- Request a specific number of days.
- Attach proof (e.g., medical certificate, request letters for bank/HR records).
- File before the deadline; bring extra copies and request a received stamped copy.
Begin assembling evidence at once. Ask banks for statements, download e-receipts, secure certified copies where possible, and line up witnesses for subscription.
Draft a focused Counter-Affidavit even if limited:
- Prioritize jurisdictional and elemental defenses (e.g., no deceit, no notice of dishonor).
- Reserve the right to supplement upon receipt of additional records (if allowed by the prosecutor).
Subscribe and file: If the office requires subscription before the prosecutor, arrive early; bring government ID. If not possible, use a notary if permitted and accepted by that office.
Serve the complainant as directed and keep proof of service.

6) Filing mechanics & practicalities

Where to file: At the Office of the City/Provincial Prosecutor indicated on the subpoena (or via their designated e-mail/e-filing portal if expressly allowed).
How many copies: Ask the docket/receiving unit; a common practice is original + copies for the prosecutor and each complainant.
Receiving stamp: Always secure a file-received stamp on your copy.
Pagination and exhibit tabs: Use exhibit stickers/tabs for a clean record.
Electronic files: If e-filing is allowed, follow naming conventions (e.g., “Counter-Affidavit_[Surname]_DocketNo.pdf”; “Annex-A_receipt.pdf”).

7) After filing: what to expect

Clarificatory hearing (optional): The prosecutor may call the parties for clarificatory questions; attend with originals of your exhibits.
Resolution: The prosecutor will issue a Resolution either dismissing the complaint or finding probable cause and recommending/filing an Information in court.
If dismissed: Keep the resolution and docket details.
If probable cause is found:
- You may file a Motion for Reconsideration with the same office (usually 15 days from receipt).
- Or a Petition for Review to the Department of Justice (also usually 15 days, subject to rules on reglementary periods and modes of filing).
- Once filed in court, further remedies shift to judicial motions (e.g., Motion to Quash Information on jurisdictional or elemental grounds).

8) Common red flags & protective steps

Scam subpoenas: Genuine subpoenas indicate the prosecutor’s office, have docket numbers, and clear instructions. If in doubt, verify by calling or visiting the prosecutor’s office front desk.
Fixers/“package deals”: Decline. Deal only with authorized personnel.
Data privacy: Redact sensitive personal data in public copies if required; submit unredacted copies to the prosecutor when necessary.
No contact orders: If tensions are high, let counsel handle communications with the complainant.

9) Special situations

Already settled debt: Attach release/quitclaim, acknowledgment receipts, or settlement agreement—these can be dispositive.
Loan was from a lending company: Check for usury-like or abusive terms; while not a defense to criminal elements per se, such context can undermine allegations of deceit.
Corporate respondents: Have a Board Secretary’s Certificate or Secretary’s Certificate authorizing the signatory; attach SEC papers and ID of the affiant.
Overseas respondents: Consider consularized or apostilled affidavits if execution occurs abroad, and coordinate on service and e-filing options.

10) Model templates (you can adapt these quickly)

A) Motion for Extension of Time

REPUBLIC OF THE PHILIPPINES
CITY/PROVINCIAL PROSECUTOR OF ________
[Address]

[Case Title and Docket No.]

MOTION FOR EXTENSION OF TIME TO FILE COUNTER-AFFIDAVIT

Respondent, by counsel, respectfully states:

1. Respondent received the Subpoena on [date], requiring submission of a Counter-Affidavit on or before [due date].
2. Due to [specific reasons], Respondent respectfully requests an extension of [__] days from [due date] or until [new date] within which to file the Counter-Affidavit.
3. This request is made in good faith and not for delay; no prejudice will be caused as the matter is at the preliminary investigation stage.

PRAYER

WHEREFORE, Respondent prays that this Motion be GRANTED.

[Place], [Date]                     Respectfully submitted,

[Signature, Name, Address, IBP, PTR, Roll No., MCLE if by counsel]

B) Counter-Affidavit (outline)

REPUBLIC OF THE PHILIPPINES
CITY/PROVINCIAL PROSECUTOR OF ________
[Address]

[Complainant]                       )   NPS Docket No. __________
             Complainant,           )
                                    )
      - versus -                     )   COUNTER-AFFIDAVIT
                                    )
[Respondent]                        )
             Respondent.            )

I, [Name], of legal age, Filipino, [civil status], and residing at [address], after having been duly sworn, hereby state:

1. PERSONAL CIRCUMSTANCES
   [Brief introduction]

2. BACKGROUND OF TRANSACTION
   [Neutral chronology; attach Annexes]

3. SPECIFIC REBUTTALS
   3.1 On the allegation of deceit: [facts negating deceit]
   3.2 On the alleged damage: [payments, settlement, absence of loss]
   3.3 [If B.P. 22] On notice of dishonor: [no receipt / cured within 5 banking days]
   3.4 Other defenses: [lack of jurisdiction, improper venue, etc.]

4. DOCUMENTARY SUPPORT
   Attached are Annexes “A” to “__” [list briefly].

5. PRAYER
   WHEREFORE, Respondent prays that the Complaint be DISMISSED for utter lack of probable cause.

[City], Philippines, [Date].

[Signature over printed name]
Affiant

VERIFICATION AND JURAT
[Standard verification]
SUBSCRIBED AND SWORN to before me this [date] at [place].

11) Quick compliance checklist (for when the clock is ticking)

□ Confirm issuing office, docket no., and exact deadline
□ Calendar the due date; prepare Motion for Extension if needed
□ Gather key documents (receipts, messages, bank records)
□ Draft focused, element-based Counter-Affidavit
□ Attach witness affidavits and label annexes
□ Subscribe before prosecutor/notary; bring valid ID
□ Prepare enough copies; file and get received stamp
□ Serve complainant/counsel as required; keep proof of service
□ Keep a complete set of filed papers and tracking of future dates

12) Final notes

Treat the preliminary investigation with the seriousness of a court filing. A well-prepared Counter-Affidavit—even on short notice—can prevent a criminal case from reaching court.
Tailor defenses to the alleged offense (estafa vs. B.P. 22) and prove your points with documents.
If time is extremely tight, file a substantiated extension request immediately and submit a partial but properly subscribed Counter-Affidavit that squarely addresses the core elements, then supplement promptly if allowed.

This article provides general procedural guidance within the Philippine legal framework. For case-specific strategy and risk, consult counsel who can review your subpoena and records in full.