What Is a Counter-Affidavit?
A counter-affidavit is the respondent's sworn written defense to a complaint-affidavit filed during a preliminary investigation before the Department of Justice (DOJ), the Office of the City or Provincial Prosecutor, the NBI, or the Ombudsman. It is the respondent's first — and often most critical — opportunity to present their version of the facts and their legal defenses before the investigating officer decides whether there is probable cause to file criminal charges in court.
Because the respondent swears to the truth of the statements before a notary public or other officer authorized to administer oaths, a counter-affidavit carries the weight of a sworn pleading. A false statement made in it can expose the affiant to a separate charge of perjury under Article 183 of the Revised Penal Code.
When Do You Need to File a Counter-Affidavit?
A counter-affidavit is required whenever you are named as a respondent and receive a subpoena during a preliminary investigation. Common situations in the Philippines:
- A criminal complaint before the City/Provincial Prosecutor — e.g., estafa, qualified theft, B.P. 22 (bouncing checks), libel, or physical injuries
- A DOJ preliminary investigation — for offenses cognizable by the Regional Trial Court
- An NBI or PNP referral that proceeds to inquest or preliminary investigation
- An Ombudsman case — for public officials and employees accused of graft or administrative offenses
- A barangay-referred dispute elevated to the prosecutor's office after failed conciliation
The investigating officer issues a subpoena directing the respondent to file a counter-affidavit — usually within ten (10) days from receipt, subject to one short extension for good cause. If you fail to file within the period, the prosecutor may resolve the complaint based solely on the complainant's evidence, and you lose the chance to present your defense at this stage.
Required Elements of a Counter-Affidavit
A properly drafted Philippine counter-affidavit should contain the following:
- Case caption — the investigating office, the docket/NPS number, the complainant, the respondent, and the offense charged
- Affiant's identity — full name, civil status, citizenship, and address, with a statement that the affiant is the respondent
- Specific denial — a clear denial of the charges and allegations in the complaint-affidavit
- Statement of facts — the respondent's own version of events, addressing each material allegation point by point
- Annexes — documentary evidence supporting the defense, marked as Annex "A", "B", etc. and referred to in the body
- Prayer — a request that the complaint be dismissed for lack of probable cause
- Jurat — the "SUBSCRIBED AND SWORN" block where the affiant swears before the notary, who records the competent evidence of identity and the notarial register entry
Free Counter-Affidavit Template Sample
Below is a sample counter-affidavit generated by Legalia for a respondent answering a qualified theft complaint before the Office of the City Prosecutor. The case caption, numbered defenses, prayer for dismissal, jurat, and copy-furnished block are produced automatically from your entries.
OFFICE OF THE CITY PROSECUTOR
QUEZON CITY
Complainant,
For: Qualified Theft
Respondent.
I, Juan Dela Cruz, married, Filipino, of legal age, and a resident of 123 Mabuhay Street, Barangay San Antonio, Quezon City, after having been duly sworn in accordance with law, hereby depose and state that:
1. That I am the respondent in the case entitled "Maria Santos versus Juan Dela Cruz", docketed as NPS No. XV-03-INV-26A-00012, pending preliminary investigation before Office of the City Prosecutor, Quezon City, for Qualified Theft;
2. That I vehemently deny the charges and allegations against me by the complainant;
3. That the truth of the matter is as follows:
(a) I have been employed at ABC Trading Services since January 2022;
(b) On the date of the alleged incident, I was on an authorized leave;
(c) I have no access to the inventory area without management authorization;
4. That in further support of my defenses, I am attaching to and making integral parts of this Counter-Affidavit the following: Approved Leave Application dated June 1, 2025 (Annex "A"); Affidavit of Pedro Reyes (Annex "B");
5. That I am innocent of the offense charged, and the charges against me are purely baseless and untrue;
6. That the foregoing facts support the dismissal of the complaint for lack of probable cause;
7. That I am executing this Counter-Affidavit to attest to the truth of the foregoing facts and for the purpose of answering and controverting the allegations made against me.
P R A Y E RWHEREFORE, premises considered, it is respectfully prayed that the criminal complaint against me be DISMISSED for lack of merit.
The respondent further prays for such other reliefs as may be deemed just and equitable under the premises.
IN WITNESS WHEREOF, I have hereunto set my hand this January 15, 2026 at Quezon City, Philippines.
SUBSCRIBED AND SWORN to before me this January 15, 2026 at Quezon City, Philippines. I hereby certify that I have personally examined the affiant and that I am satisfied that he/she voluntarily executed and understood the contents of this Counter-Affidavit. Affiant exhibited to me his/her Driver's License bearing No. N01-23-456789 issued on May 10, 2023 at Quezon City.
Atty. Jose Manalo
Counsel for the Complainant
456 Session Avenue, Quezon City
Generate Your Counter-Affidavit — Ultra Plan Required
This document is available on the Legalia Ultra plan. Fill in the guided fields and get a properly formatted counter-affidavit — with case caption, numbered defenses, prayer, and jurat block — ready to bring to your notary.
Subscribe to Ultra — Generate NowHow to Draft a Strong Counter-Affidavit
- Address every material allegation. Go through the complaint-affidavit paragraph by paragraph and admit, specifically deny, or explain each one. An allegation left unaddressed may be treated as admitted.
- Tell your version of the facts clearly. State what actually happened in a straightforward, chronological narrative — do not argue or editorialize; let the facts carry your defense.
- Raise your affirmative defenses. Identify legal defenses such as lack of criminal intent, payment already made, prescription, lack of jurisdiction, or absence of an essential element of the offense.
- Attach and reference your evidence. Mark supporting documents as Annex "A", "B", etc., and refer to each one in the body so the prosecutor can connect the proof to the claim.
- Keep it focused. A concise, well-organized counter-affidavit is more persuasive than a long, repetitive one. Address what matters and stop.
- Have it notarized and file on time. Personally appear before a notary with competent evidence of identity, swear to the contents, then file the notarized counter-affidavit with all annexes before the deadline in the subpoena and keep a file-stamped copy.
Counter-Affidavit vs. Reply-Affidavit vs. Rejoinder
These are distinct sworn pleadings exchanged during preliminary investigation. The counter-affidavit is the respondent's primary answer to the complaint-affidavit. The reply-affidavit is filed by the complainant to refute new matters raised in the counter-affidavit. The rejoinder-affidavit, where allowed, is the respondent's final response to the reply-affidavit. After these submissions, the investigating prosecutor resolves whether probable cause exists.
What Happens If You Miss the Deadline
If the respondent does not file a counter-affidavit within the period set in the subpoena, the prosecutor may resolve the complaint based solely on the complaint-affidavit and the complainant's supporting evidence — effectively a waiver of the defense at this stage. If you cannot meet the deadline, file a short, written motion for extension for good cause before the period lapses rather than letting it pass in silence.