Quick answer
File your counter-affidavit with the office handling the complaint, within the deadline applicable to that proceeding, and furnish the required copies to the complainant. It must be a sworn statement explaining your defenses, supported by relevant documents and witness affidavits.
There is no single counter-affidavit deadline for every Philippine criminal case:
Regular DOJ-NPS preliminary investigation: File on the date set in the subpoena. Under Department Circular No. 015, series of 2024, that date must be at least 10 days from receipt of the subpoena and complaint-affidavit.
Expedited DOJ-NPS preliminary investigation: Submit on the date specified in the subpoena under Department Circular No. 028, series of 2024. Do not assume the regular investigation’s minimum 10-day preparation period applies.
Criminal case covered by the court’s Rule on Summary Procedure: A court order requires a judicial counter-affidavit, witness judicial affidavits, and other defense evidence within 15 calendar days from receipt, with copies served on the private complainant and public prosecutor within the same period.
Check the issuing office, case number, procedural rule, and actual submission date immediately. A prosecutor’s subpoena and a court order require different responses. See the official texts of DC 015, DC 028, and the Supreme Court’s Rules on Expedited Procedures in the First Level Courts. NARO
What a counter-affidavit does
A counter-affidavit—often called a kontra-salaysay—is the respondent’s sworn written response to a criminal complaint. It explains which allegations are disputed, presents the respondent’s account, and identifies evidence supporting the defense.
At the prosecutor’s level, it helps determine whether the complaint should be dismissed or an information—the formal criminal charge—should be filed in court. It is not itself a trial or a judgment of guilt.
Under the current DOJ-NPS rules, the charging standard is prima facie evidence with reasonable certainty of conviction. The prosecutor must assess the evidence supporting the elements of the offense, including the respondent’s counter-evidence. The Supreme Court upheld DC 015 in Meking v. Remulla, G.R. No. 280455, November 11, 2025. That prosecutorial standard does not replace the court’s duty to determine guilt beyond reasonable doubt at trial. elibrary.judiciary.gov.ph
First identify which procedure applies
The offense’s prescribed penalty matters, but so do court jurisdiction, the investigating body, and any special law.
ProceedingGeneral coverageCounter-affidavit positionRegular DOJ-NPS preliminary investigation under DC 015Offenses punishable by at least six years and one day, without regard to fineSubmission on the subpoena’s date, allowing at least 10 days from receipt of the subpoena and complaint-affidavitExpedited preliminary investigation under DC 028Offenses punishable by one year and one day to six years, without regard to fine, falling exclusively within first-level-court jurisdictionIf a subpoena is issued, submit on its specified dateSummary investigation under DC 028Offenses punishable by one day to one year, a fine regardless of amount, or bothAn ex parte procedure: the prosecutor may resolve the complaint without first requiring a counter-affidavitCriminal summary procedure in courtCases covered by the Supreme Court’s Rules on Expedited ProceduresJudicial counter-affidavit and accompanying defense evidence within 15 calendar days from receipt of the court order
An important exception: DC 028 directs that offenses within its expedited penalty range that are, by law, cognizable by a Regional Trial Court undergo regular preliminary investigation or inquest proceedings.
These DOJ rules govern National Prosecution Service proceedings. Do not automatically apply them to an Ombudsman or COMELEC investigation, an administrative complaint, or another proceeding governed by special rules. NARO
Older guidance often quotes Rule 112’s former preliminary-investigation threshold of four years, two months, and one day. In A.M. No. 24-02-09-SC, the Supreme Court declared provisions inconsistent with the new DOJ-NPS rules repealed upon the latter’s promulgation. Older procedural summaries therefore require careful checking. elibrary.judiciary.gov.ph
When must you file?
Regular preliminary investigation
Section 10(d) of DC 015 requires the subpoena to include the complaint-affidavit and its attachments. The submission date must allow at least 10 days from receipt of the subpoena and complaint-affidavit.
This is a minimum preparation period, not a rule that every counter-affidavit is automatically due on the tenth day. Follow the properly set date in the subpoena.
For voluminous records, the prosecutor must set a separate collection date at least 10 days before the scheduled hearing. The respondent must also have an opportunity to examine object evidence and photograph it at the respondent’s expense.
If you receive incomplete attachments or a hearing date that does not allow the required period, promptly raise the problem in writing. Identify the missing records and receipt dates, and seek an appropriate direction. Do not simply assume the deadline has stopped running.
Expedited preliminary investigation
Under Section 9(d) of DC 028, the subpoena directs submission on the hearing date. The hearing must be set within 15 calendar days from the investigating prosecutor’s receipt of the complete case records.
That 15-day period runs from the prosecutor’s receipt of the records, not from your receipt of the subpoena. It is not a guaranteed 15-day response period for respondents.
For voluminous records, the collection date must be at least five calendar days before the hearing. Section 10 also contains a specific virtual-proceeding provision limiting the counter-affidavit submission period referenced there to five calendar days; this is not a universal five-day deadline for all expedited cases. NARO
Court-ordered judicial counter-affidavit
Under Rule III(B), Section 2 of the Rules on Expedited Procedures, the accused must submit the judicial counter-affidavit, witness judicial affidavits, and other defense evidence within 15 calendar days from receipt of the order.
A judicial affidavit has distinct requirements and serves as direct testimony. Do not assume that the narrative affidavit previously filed with the prosecutor automatically complies with the court’s order. Except on rebuttal, the rule bars a witness from testifying unless the required judicial affidavit was submitted. elibrary.judiciary.gov.ph
Record the exact receipt date and have counsel verify the computation, including any applicable holiday or court-closure rule. “Calendar days” should not be counted as working days.
How to prepare and file a counter-affidavit
1. Preserve the notice and obtain the complete complaint
Keep the subpoena or order, envelope, receiving acknowledgment, and any electronic transmission details. Check:
The correct prosecutor’s office or court branch;
The case or investigation number;
Every offense alleged;
The submission date and hearing instructions; and
Whether every referenced affidavit and attachment was supplied.
Ask the handling office about missing pages and obtain copies through its authorized procedure.
2. Organize your factual response
Prepare a dated chronology before drafting. A useful counter-affidavit ordinarily identifies:
The case and the respondent;
The allegations admitted, denied, or requiring explanation;
The respondent’s account in numbered paragraphs;
The factual and legal basis of the defenses;
The supporting witnesses and documents; and
The relief requested, such as dismissal of the complaint.
Address the acts attributed to you and the elements of the alleged offense. A general statement that the complaint is false gives the prosecutor little to evaluate.
State facts within your knowledge accurately. Distinguish what you personally witnessed from information obtained from someone else. Do not guess at dates, invent explanations, or sign language you do not understand.
3. Attach and preserve supporting evidence
Depending on the allegation, useful material may include contracts, receipts, bank records, complete message threads, photographs, CCTV footage, attendance records, location records, and affidavits from witnesses with personal knowledge.
Label attachments consistently and explain their relevance in the affidavit. Preserve originals and the source of each record.
For electronic evidence, keep complete conversations and original files where available, including dates, account details, and metadata. Cropped screenshots may omit important context. Request preservation of CCTV or other routinely overwritten records promptly, and obtain evidence lawfully.
4. Execute the affidavit under oath
Under DC 015, the counter-affidavit must be subscribed and sworn to before a prosecutor or another government official authorized to administer oaths, or, in their absence or unavailability, a notary public.
Arrange the oath-taking procedure and identification requirements in advance. A signature alone does not make a document a sworn affidavit. Each supporting witness should execute their own statement properly.
5. File and serve the required copies
For regular preliminary investigation, Section 10(e) requires:
The original and two duplicate copies for the prosecution office; and
A copy for the complainant or each complainant.
The respondent or an authorized representative may file the papers. Include the attachments and keep a complete personal copy.
Obtain a receiving stamp or other official acknowledgment showing when the submission was received. Preserve proof that the complainant received the required copy. Filing with the prosecutor and furnishing the opposing party are separate steps. NARO
6. Confirm whether electronic filing is authorized
DC 015 provides for electronic filing in its virtual preliminary-investigation procedure. The prosecutor’s order identifies official email addresses, schedules, and hard-copy requirements.
Where authorized, submit legible PDFs of the properly sworn affidavits and attachments, and comply with the required delivery of originals and duplicates. An email to an address found online should not be assumed to constitute valid filing.
For a court proceeding, follow the applicable court rules and the branch’s order.
Can you request an extension?
An extension is not automatic.
Under Section 9 of DC 015, extensions are generally disallowed unless the interests of justice justify one. Examples include reasonable time to obtain counsel, examine voluminous records, or research complicated or technical issues. An extension granted on meritorious grounds must not exceed 10 days.
Make any permitted request before the deadline, explain the specific reason, and provide supporting details. A pending request is not the same as an approved extension.
Under Section 11 of DC 028, motions for extension to file pleadings, affidavits, or other submissions are prohibited in summary and expedited investigations. Its specific virtual-proceeding provision should not be treated as a general entitlement to additional time. NARO
What if you miss the deadline?
Failure to file does not automatically establish guilt. However, it can leave the complaint unanswered at a decisive stage.
Under DC 015, when a respondent receives the subpoena at their last known address but, without justifiable reason, fails to appear or file a counter-affidavit, the prosecutor may consider the case submitted for resolution.
Act immediately if the deadline has passed. Obtain the case status and ask counsel whether a supported request to admit the submission or reopen the investigation remains available. DC 015 expressly recognizes possible reopening where a party failed to participate because of non-receipt or belated receipt of the subpoena, and in other justified circumstances. Reopening is discretionary, not guaranteed.
If a resolution has already issued, different remedies and deadlines apply:
DC 015: A motion for reconsideration may be filed within 15 days from receipt.
DC 028 expedited investigation: The period is 10 calendar days from receipt.
DC 028 summary investigation: A motion for reconsideration is not entertained.
If an information has already been filed in court, coordinate any prosecutorial remedy with the court proceedings. Do not assume that submitting a counter-affidavit or seeking review automatically suspends the criminal case. NARO
What if you have been arrested or detained?
An inquest following a warrantless arrest is urgent. Do not rely on the ordinary subpoena timetable.
Under Section 13 of DC 015, the inquest prosecutor must ensure that the respondent has counsel and explain the option of preliminary investigation. Choosing preliminary investigation requires an Article 125 waiver signed in counsel’s presence. The respondent may still apply for bail, and the investigation must be terminated within 15 calendar days from its inception.
That 15-day investigation period is not an automatic 15-day counter-affidavit deadline. Obtain legal assistance immediately before signing a waiver or sworn statement. NARO
Common mistakes to avoid
Using an old deadline without identifying the governing procedure.
Ignoring a notice while negotiating settlement. Negotiations do not themselves cancel filing obligations.
Submitting an unsigned or unsworn narrative.
Filing without serving the required copies.
Assuming notarization also accomplishes filing.
Withholding key evidence for a later submission. Expedited investigations do not entertain reply- or rejoinder-affidavits.
Assuming a motion to dismiss replaces the counter-affidavit. DC 015 permits this only when the motion is verified by the respondent and contains their defenses, in which event it is treated as a counter-affidavit.
Assuming personal appearance is never required. DC 015 permits dispensing with appearance for a properly sworn counter-affidavit, but attendance at a clarificatory hearing is mandatory. NARO
When legal help is especially urgent
Seek immediate assistance if you are detained, the deadline is close or has passed, the complaint records are incomplete, a court has issued an order or warrant, or the respondent was a child when the alleged offense occurred.
Bring the complete notice, complaint, attachments, receipt details, and available evidence. If you cannot afford private counsel, promptly inquire with the Public Attorney’s Office or an available legal-aid office about eligibility and assistance. Do not wait for representation to begin preserving records and documenting deadlines.
Frequently asked questions
Can I prepare my own counter-affidavit?
You can prepare your factual account, but legal review is strongly advisable. A sworn admission, omitted defense, or unsupported allegation may affect the case. Court-required judicial affidavits also have particular formal requirements.
Will filing a counter-affidavit automatically dismiss the complaint?
No. The prosecutor evaluates the complaint, defenses, and evidence under the applicable standard. Filing ensures that your response is available for consideration; it does not guarantee an outcome.
Must I appear personally before the prosecutor?
Not always. Under DC 015, personal appearance may be dispensed with if the counter-affidavit was properly subscribed and sworn to. Confirm the actual directions, especially if a clarificatory hearing is scheduled.
Can I file a reply to the complainant’s response?
In regular preliminary investigation, the prosecutor may require further affidavits when material new issues justify them, and the respondent must have an opportunity to submit a rejoinder. DC 028 does not entertain reply- or rejoinder-affidavits in expedited investigations. NARO
Is a counter-affidavit a criminal complaint against the complainant?
No. It answers the allegations against you. Any separate accusation requires its own factual and legal basis and the appropriate filing procedure.
This article provides general Philippine legal information, not advice for a particular case. The correct deadline and remedy depend on the governing rules, notice, service, and procedural stage. Sources checked on October 17, 2026.
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