Quick answer
File your counter-affidavit with the prosecution office handling the complaint, following the subpoena and the rules governing that investigation. It should contain your sworn factual response, defenses, witness affidavits, and supporting evidence. Furnish the complainant with the required copies and keep proof of filing and service.
There is no single counter-affidavit deadline for every Philippine criminal case. Under the regular preliminary-investigation procedure in DOJ Department Circular No. 015, series of 2024, you submit it on the date set by the prosecutor. That date must be at least 10 days after receipt of the subpoena and complaint-affidavit. Expedited investigations follow different rules, while certain court proceedings require a judicial counter-affidavit within 15 calendar days.
Check who issued the notice, which procedure applies, and the exact submission date before relying on a deadline found online.
What a counter-affidavit does
A counter-affidavit is the respondent’s sworn written response to a criminal complaint. It gives the prosecutor your account and the evidence supporting your defenses before deciding whether to file a criminal charge in court.
Under the current DOJ–National Prosecution Service rules, the charging standard is prima facie evidence with reasonable certainty of conviction. The prosecutor evaluates whether the evidence is admissible, credible, and capable of establishing the offense’s elements and the responsible person’s identity. This includes evaluating the respondent’s counter-affidavit.
The Supreme Court upheld Department Circular No. 015 in Meking v. Remulla, G.R. No. 280455, November 11, 2025. This prosecutorial assessment does not itself establish guilt or replace a criminal trial. elibrary.judiciary.gov.ph
A counter-affidavit can therefore matter substantially, but filing one does not guarantee dismissal. Its value depends on the facts, the applicable offense, and the supporting evidence.
Which procedure and deadline apply?
The principal DOJ issuances are Department Circular No. 015, series of 2024, covering regular preliminary investigations and inquests, and Department Circular No. 028, series of 2024, covering summary investigations and expedited preliminary investigations.
ProceedingGeneral coverageCounter-affidavit timingRegular DOJ-NPS preliminary investigationOffenses punishable by at least six years and one day, without regard to fine; certain RTC cases also follow this procedure under DC 028Submit on the date set in the subpoena, which must be at least 10 days from receipt of the subpoena and complaint-affidavit.Expedited DOJ-NPS preliminary investigationOffenses punishable by one year and one day to six years, without regard to fine, or both imprisonment and fine, exclusively within first-level court jurisdictionIf the prosecutor issues a subpoena, submit on the date specified. Do not assume the regular investigation’s minimum 10-day preparation period applies.DOJ-NPS summary investigationOffenses punishable by one day to one year, a fine regardless of amount, or bothThis is an ex parte procedure: the prosecutor may resolve the complaint without first requiring a counter-affidavit.Criminal case governed by the court’s Rule on Summary ProcedureCases covered by the 2022 Rules on Expedited Procedures in the First Level CourtsA court order requires a judicial counter-affidavit, witness judicial affidavits, and supporting evidence within 15 calendar days from receipt; copies must be served on the private complainant and public prosecutor within the same period.
DC 028 also permits the prosecutor to resolve an expedited-investigation case immediately when the complaint is sufficient in form and the evidence is complete, or to issue a subpoena for an investigation hearing if necessary. Thus, even within that category, a respondent should not assume that a counter-affidavit will always be requested before charges are filed.
For expedited hearings, the rule’s 15-calendar-day scheduling period runs from the prosecutor’s receipt of the entire case records, not from the respondent’s receipt of a subpoena. It is not an automatic 15-day response period.
The court-stage 15-day requirement comes from Rule III(B), Section 2 of the 2022 Rules on Expedited Procedures in the First Level Courts. A judicial counter-affidavit has distinct requirements; an earlier affidavit filed with the prosecutor should not simply be assumed to satisfy the court’s order. elibrary.judiciary.gov.ph
Why older “10 days under Rule 112” advice needs checking
Older versions of Rule 112 state a 10-day period from receipt of the subpoena and supporting documents and use a preliminary-investigation threshold of four years, two months, and one day.
In A.M. No. 24-02-09-SC, May 28, 2024, the Supreme Court recognized the DOJ’s authority to issue its investigation rules and declared inconsistent provisions of Rule 112 repealed upon promulgation of those rules. Applying the older text mechanically to a current DOJ-NPS proceeding can therefore produce the wrong advice. Supreme Court E-Library
These DOJ rules do not automatically govern every investigating body. Proceedings before the Office of the Ombudsman, COMELEC, or another specially authorized body require checking that body’s applicable rules and order.
How to prepare and file your counter-affidavit
1. Record receipt and identify the case
Keep the subpoena, envelope, delivery record, and any official electronic notice. Record when and how you received them.
Check the following:
The issuing office and investigating prosecutor.
The NPS docket number or court case number.
The complainant’s name and the specific offenses alleged.
The filing deadline, hearing date, time, and place.
Whether the proceeding is regular, expedited, virtual, or already before a court.
A prosecutor’s subpoena is not itself an arrest warrant. It nevertheless requires prompt attention.
If a relative or another person accepted delivery, tell your lawyer exactly what happened. Do not assume that a notice is ineffective merely because you did not personally sign for it.
2. Obtain and read the complete complaint
Read the complaint-affidavit together with every witness affidavit and attachment. An allegation that appears unsupported in the main complaint may be addressed in an annex.
Under DC 015, Section 10(d), the subpoena should include the complaint-affidavit and its attachments. For voluminous records, the prosecutor must arrange collection at least 10 days before the scheduled regular preliminary-investigation hearing. Object evidence must be available for examination and photography at the respondent’s expense.
Under DC 028, the corresponding period for obtaining voluminous records is at least five calendar days before the expedited hearing.
If documents are missing or illegible, promptly submit a written request identifying them and seek the appropriate direction from the prosecutor. Do not assume your request automatically suspends the deadline.
3. Prepare a factual response supported by evidence
A useful counter-affidavit normally contains:
The correct caption and docket number.
Your identity and capacity as respondent.
A clear chronology of the relevant events.
Specific responses to material allegations, identifying what you admit, deny, or cannot truthfully confirm.
Your defenses and their factual basis, linked to the offense alleged.
References to labeled attachments and witness affidavits.
The relief requested, such as dismissal of the complaint.
Your signature and the proper oath or jurat.
Use numbered paragraphs and concrete facts. Explain what happened, when, where, and how you know it. Distinguish your personal knowledge from information obtained from someone else.
A bare statement that “all allegations are false” rarely explains the defense adequately. Conversely, an unnecessarily long narrative can introduce inconsistencies or damaging admissions. Read every sentence before signing, including statements drafted for you.
A counter-affidavit is a sworn statement. Do not guess, exaggerate, adopt a witness’s knowledge as your own, or attach altered evidence.
4. Preserve evidence before it disappears
Depending on the allegation, relevant material may include:
Contracts, receipts, bank records, delivery records, and payment confirmations.
Complete message threads, emails, call records, and transaction histories.
CCTV footage, photographs, original recordings, and access logs.
Attendance records, travel documents, location records, and medical records.
Separate affidavits from witnesses with firsthand knowledge.
For electronic evidence, preserve the original files or devices where possible, along with dates, account identifiers, URLs, and surrounding context. Screenshots may help, but cropped images can omit information needed to understand or authenticate a communication.
Request preservation of CCTV or other routinely overwritten records promptly. Obtain records lawfully; do not access another person’s account without authority.
5. 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 an oath, or, in their absence or unavailability, a notary public.
A signature alone is insufficient. Follow the administering official’s identification and execution requirements, and ensure that each witness properly executes their own affidavit.
Your lawyer may draft and file the document, but you must personally adopt and swear to your own factual statement.
6. File with the correct office and furnish the complainant
For regular preliminary investigations, DC 015, Section 10(e), requires:
One original and two duplicate copies for the prosecution office.
A copy for each complainant.
Prepare complete sets with legible attachments and keep an additional copy for your records. The respondent or an authorized representative may file.
Obtain a receiving stamp, acknowledgment, or other accepted proof showing the filing date. Preserve proof that the complainant received the required copy.
Giving papers only to the police investigator, barangay, or complainant does not establish filing with the prosecution office handling the case.
7. Follow any virtual-hearing or electronic-filing order precisely
DC 015 provides for electronic filing within its virtual preliminary-investigation procedure. This is not permission to email any address you find online.
Follow the prosecutor’s order on official email addresses, deadlines, PDF documents, service, and submission of hard copies. The procedure also requires a verified declaration that the electronic submissions are complete and true copies of the hard copies.
Keep sent emails, attachments, delivery information, and acknowledgments. An unreadable, corrupted, or otherwise noncompliant electronic submission can be excluded.
Can you ask for more time?
Regular preliminary investigation
Under DC 015, Section 9, extensions are exceptional. They may be allowed when the interests of justice require reasonable time to:
Engage counsel.
Examine or verify voluminous records.
Research novel, complicated, or technical factual or legal issues.
An extension granted on meritorious grounds must not exceed 10 days.
Explain the specific reason and supporting circumstances promptly, preferably before the deadline. Merely filing a request does not establish that it has been granted.
Expedited preliminary investigation
DC 028, Section 11, prohibits motions for extension of time to file pleadings, affidavits, or other submissions.
Its separate virtual-procedure provision limits the counter-affidavit submission period referred to in DC 015, Section 11(b), to no more than five calendar days. That provision should not be treated as a general entitlement to an extension.
If compliance is threatened by late service, missing attachments, illness, or another serious problem, seek immediate legal help and promptly document the issue with the prosecutor.
Must you personally attend?
For a regular preliminary investigation, DC 015 allows the respondent’s personal appearance to be dispensed with when the counter-affidavit has already been properly subscribed and sworn to before an authorized official.
That does not excuse every later appearance. If the prosecutor sets a clarificatory hearing under Section 10(f), attendance of both complainant and respondent is mandatory.
Follow the actual subpoena or order. If attendance is impossible, raise the problem promptly rather than assuming that filing through a representative settles it.
What if you miss the deadline?
Failure to file does not automatically establish guilt. However, it can mean losing the opportunity to place your evidence before the prosecutor before a charging decision.
Under DC 015, Section 10(e), the prosecutor may consider the case submitted for resolution when the respondent received the subpoena at their last known address but, without justification, failed to appear or submit a counter-affidavit.
If the deadline has passed:
Check immediately whether the case remains pending or has been resolved.
Preserve proof of nonreceipt, late receipt, illness, or another genuine explanation.
Have counsel determine the proper filing and request for relief.
If charges have reached court, address the court proceedings as well.
DC 015, Section 10(i), permits reopening in justified circumstances, including substantially valuable newly discovered evidence or failure to participate because of nonreceipt or belated receipt of the subpoena. Reopening and acceptance of a late affidavit are not automatic.
What if you were arrested without a warrant?
An inquest is different from an ordinary subpoena-based preliminary investigation. Do not assume that an arrested person can simply wait 10 days to prepare a counter-affidavit.
Under DC 015, Section 13, the inquest prosecutor must ensure that the respondent is represented by counsel and explain the option to undergo preliminary investigation.
If the respondent chooses preliminary investigation, the required waiver of Article 125 of the Revised Penal Code must be signed in the presence of counsel. The investigation must then be completed within 15 calendar days from its inception. The respondent may still apply for bail, subject to the applicable bail rules.
That 15-day period is the period for completing the investigation—not a blanket 15-day counter-affidavit deadline.
Where a complaint or information has already been filed in court without preliminary investigation following a warrantless arrest, Rule 112 provides a five-day period from learning of the filing within which the accused may ask for preliminary investigation, where applicable. Seek counsel immediately; the procedural basis and appropriate court action must be checked. Supreme Court E-Library
What happens after filing?
In a regular preliminary investigation, the prosecutor may submit the case for resolution or conduct a clarificatory hearing. If the counter-affidavit raises material and substantial new factual or legal issues, the prosecutor may require a reply-affidavit and give the respondent an opportunity to file a rejoinder.
Under DC 015, Section 10(h), reply and rejoinder submissions must not exceed 10 calendar days from receipt of the pleading being answered. The rejoinder is the last pleading allowed.
For expedited preliminary investigations under DC 028, reply-affidavits and rejoinder-affidavits are not entertained, although a clarificatory hearing may be held.
If you receive an adverse resolution, distinguish the available reconsideration periods:
DOJ proceedingMotion for reconsiderationRegular preliminary investigation under DC 015Within 15 days from receipt of the resolutionExpedited preliminary investigation under DC 028Not later than 10 calendar days from receiptSummary investigation under DC 028Not entertained under Section 14
A motion for reconsideration, petition for review, and court remedy are different procedures. Obtain advice on the correct remedy and any separate court deadlines; do not assume a prosecution-office filing automatically suspends court proceedings.
Common mistakes to avoid
Using an outdated deadline. Identify the governing procedure first.
Waiting until the hearing to obtain the complaint’s attachments.
Submitting an unsigned or unsworn narrative.
Making broad denials without addressing documents and specific allegations.
Filing incomplete copies or failing to furnish the complainant.
Assuming an extension request has been approved.
Using unapproved electronic-filing channels.
Assuming settlement discussions cancel the deadline.
Treating a motion to dismiss as a safe substitute. Under DC 015, a verified motion containing the respondent’s defenses may be treated as a counter-affidavit. DC 028 has a different prohibition, allowing a motion to dismiss or quash only on lack of subject-matter jurisdiction.
Ignoring a later court order because an affidavit was already filed with the prosecutor.
When legal help is urgent
Seek help immediately if you are detained, the deadline is close or has expired, you received incomplete papers, an information has already been filed, or a warrant or arraignment notice has been issued. A respondent who is a child also requires attention to special legal protections and procedures.
Bring the complete subpoena packet, proof of receipt, relevant records, and a short chronology to counsel.
If you cannot afford a private lawyer, contact the Public Attorney’s Office for an eligibility assessment. PAO’s published rules allow provisional acceptance in specified urgent situations, including arrest or detention and pleadings requiring immediate filing, pending the relevant assessment. Assistance remains subject to applicable qualifications and conflict-of-interest rules. pao.gov.ph
Frequently asked questions
Can I prepare and file my own counter-affidavit?
A respondent may execute and file a counter-affidavit, but legal assistance is valuable because the document can contain admissions and must address the particular offense. Different requirements apply to a court-ordered judicial counter-affidavit.
Does it always have to be notarized?
It must be properly sworn. Under DC 015, the oath may be administered by a prosecutor or another authorized government official; a notary public is permitted in their absence or unavailability.
Does filing a counter-affidavit prevent arrest?
No. It is a submission of defenses and evidence, not an order granting bail or preventing arrest. A separate warrant or detention issue requires its own legal response.
Can I file a criminal complaint against the complainant in the same document?
Stating that the complainant committed an offense does not automatically commence a separate criminal complaint. Any counter-charge needs an appropriate factual and legal basis and compliance with the applicable filing requirements.
What if the subpoena gives me fewer than 10 days?
First check whether it concerns a regular DOJ-NPS preliminary investigation. If it does, promptly raise DC 015, Section 10(d), and provide proof of when you received the subpoena and complaint-affidavit. Ask for corrective directions; do not simply ignore the scheduled date. Other procedures have different timelines.
This article provides general Philippine legal information, not advice for a particular case. The proper deadline and remedy depend on the issuing body, applicable procedure, service of notices, and case records. Official sources checked as of October 15, 2026.
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