In the Philippine legal system, receiving a subpoena from the Office of the City or Provincial Prosecutor can be a daunting experience. It signifies that a Preliminary Investigation has commenced against you. At this stage, your most critical tool is the Counter-Affidavit.

A Counter-Affidavit is a sworn written statement where a respondent (the person accused) answers the allegations made by the complainant. It is not merely a denial; it is the primary opportunity to present your side of the story and evidence to have the case dismissed before it ever reaches a courtroom.

1. Understanding the Subpoena and Timeline

When you receive a subpoena, it will be accompanied by a copy of the Complaint-Affidavit and supporting documents.

The 10-Day Rule: Under the Revised Rules of Criminal Procedure, the respondent typically has ten (10) days from receipt of the subpoena to submit their Counter-Affidavit.
The Appearance: Often, the subpoena requires you to appear personally before the Investigating Prosecutor to "subscribe and swear to" your Counter-Affidavit.
Failure to Comply: If you fail to submit a Counter-Affidavit within the period, the Prosecutor will resolve the complaint based solely on the evidence provided by the complainant.

2. Essential Components of a Counter-Affidavit

To be legally effective, the document must follow a specific structure:

The Caption

This identifies the forum (e.g., Office of the City Prosecutor of Quezon City), the parties involved (Complainant vs. Respondent), and the NPS Docket Number (the case reference number).

The Body

Specific Denials: You must address each material allegation in the Complaint-Affidavit. General denials (simply saying "I didn't do it") are weak. You must explain why the allegations are false or how they lack factual basis.
Affirmative Defenses: This is where you state your version of the facts. Use clear, chronological headings. If you were elsewhere at the time of the alleged crime (Alibi) or acted in self-defense, this is the place to detail it.
Legal Arguments: Briefly explain why the facts presented by the complainant do not constitute the crime charged. For example, in a Estafa case, you might argue that the element of "deceit" is missing.

The Prayer

This is a formal request at the end of the document asking the Investigating Prosecutor to dismiss the complaint for lack of Probable Cause.

3. Gathering and Attaching Supporting Evidence

A Counter-Affidavit is only as strong as the evidence supporting it. All exhibits must be attached and marked (e.g., Annex "1", Annex "2"). Common evidence includes:

Affidavits of Witnesses: Statements from people who can corroborate your version of events.
Documentary Evidence: Receipts, contracts, official records, or public documents.
Object Evidence: Photographs, CCTV footage (stored in a flash drive or CD), or screenshots of electronic communications (SMS, Viber, Email).

4. Formal Execution and Filing

Step A: Verification and Acknowledgment

The document must be signed under oath. In the Philippines, this is usually done before the Investigating Prosecutor themselves during the scheduled hearing. If you cannot appear, it must be notarized by a private Notary Public, though personal appearance before the Prosecutor is the standard preference.

Step B: The Jurat

The "Jurat" is the part where the officer (Prosecutor or Notary) certifies that you personally appeared, showed valid identification, and swore to the truth of the contents.

Step C: Filing and Service

Copies: You must prepare enough copies for the Office of the Prosecutor, the Complainant (and their counsel), and your own "received" file.
Proof of Service: If you are sending a copy to the complainant via registered mail, the registry receipt must be attached to the original copy filed with the Prosecutor.

5. The Prosecutor’s Determination

Once the Counter-Affidavit and any subsequent Reply or Rejoinder are filed, the Prosecutor will determine if there is Probable Cause.

Dismissal: If the Prosecutor finds the evidence weak or the defenses meritorious, the case is dismissed.
Filing of Information: If Probable Cause is found, the Prosecutor will file a formal "Information" (the criminal charge) in court, which may lead to the issuance of a warrant of arrest.

Key Tips for a Strong Defense

Be Precise: Avoid "legalese" that obscures the facts. Clear, simple language is often more persuasive.
Stick to the Facts: Do not include emotional outbursts or irrelevant personal attacks against the complainant.
Consistency is Key: Ensure that your Counter-Affidavit matches the statements of your witnesses and the physical evidence. Any discrepancy can be used to question your credibility.
Seek Counsel: While a respondent can technically prepare their own affidavit, the nuances of criminal elements and procedural rules make it highly advisable to have a lawyer review or draft the document.