Below is a comprehensive legal article discussing the preparation of a Counter-Affidavit in response to a subpoena under Philippine law. Please note that this article is provided for general informational purposes only and does not constitute legal advice. For specific concerns or complicated legal questions, it is best to consult a qualified Philippine attorney.

I. Introduction

In the Philippine legal system, one of the cornerstones of due process in criminal cases is the preliminary investigation. During this stage, the prosecutor (or investigating officer) determines whether there is probable cause to file charges against a person (the “respondent”) in court. A vital aspect of this process is the issuance of a subpoena to the respondent, compelling them to appear and/or submit a counter-affidavit.

The counter-affidavit allows the respondent to refute the allegations made in the complaint-affidavit, present defenses, and submit supporting evidence. Properly preparing a counter-affidavit can significantly influence the outcome of the preliminary investigation.

II. Legal Basis

Revised Rules on Criminal Procedure (Rule 112)
- Section 3 of Rule 112 (Preliminary Investigation) provides the procedure for preliminary investigation, including the issuance of a subpoena requiring the respondent to submit their counter-affidavit.
- The rules specifically state that the respondent is given a chance to examine the evidence presented by the complainant and submit a counter-affidavit within a fixed period (often 10 days from receipt of the subpoena or such period as determined by the investigating prosecutor).
Department of Justice (DOJ) Regulations
- The DOJ regularly updates its Manual for Prosecutors to guide prosecutors in the conduct of preliminary investigations. This manual outlines best practices and procedural requirements for the issuance of subpoenas and the evaluation of affidavits.
Constitutional Due Process
- The right to be informed of the charges (Article III, Section 14 of the 1987 Philippine Constitution) and the right to due process underscore the importance of allowing the respondent to submit a counter-affidavit. The subpoena is the legal instrument ensuring the respondent is made aware of the charges or allegations and is given the opportunity to respond.

III. Purpose of the Counter-Affidavit

Refute Allegations
- The primary purpose of a counter-affidavit is to address and refute point-by-point the allegations raised by the complainant in the complaint-affidavit or other supporting documents.
Present the Respondent’s Version of Events
- The counter-affidavit gives the respondent a formal avenue to narrate their side of the story, assert defenses, and clarify misleading or inaccurate statements made by the complainant.
Submit Documentary Evidence and Supporting Affidavits
- Respondents can attach supporting evidence and witness affidavits to bolster their defense. This can include contracts, receipts, photographs, communications, or any relevant record that disproves the allegations.
Demonstrate Lack of Probable Cause
- By properly presenting evidence and arguments, the respondent can attempt to show that there is insufficient ground (or “probable cause”) to proceed with a criminal charge.

IV. When a Subpoena Is Issued

Initiation of Preliminary Investigation
- A subpoena is typically issued by the prosecutor or investigating officer once a complaint-affidavit has been filed, and the prosecutor finds the allegations sufficient to warrant further inquiry.
Contents of the Subpoena
- The subpoena must clearly indicate:
  - The date of issuance.
  - The name and address of the respondent.
  - Reference to the complaint or charges.
  - The deadline or date for the submission of the counter-affidavit and other evidence (often 10 days from receipt).
Consequences of Non-Compliance
- Failure to file a counter-affidavit within the prescribed period may result in the complaint being resolved solely on the basis of the complainant’s evidence. This could lead to a finding of probable cause and the filing of criminal charges in court without the respondent’s version of facts taken into account.

V. Preparation of the Counter-Affidavit

A. Consultation with a Lawyer

Importance of Legal Counsel
- Preparing a counter-affidavit requires a sound understanding of both substantive and procedural law. A lawyer can help structure your defenses, ensure compliance with the formal requirements, and guide you on the best evidentiary approach.
Gathering Facts and Evidence
- Work with your counsel to gather all relevant documents, records, communications, photographs, or testimonies that support your defense.

B. Essential Components

Title and Caption
- The counter-affidavit should contain the appropriate case title and docket number, matching the details found in the complaint or subpoena.
Personal Circumstances of the Respondent
- State your name, age, address, and other relevant details. This ensures the counter-affidavit is properly identified as yours.
Verification and Certification of Non-Forum Shopping
- While the certification against forum shopping typically applies more to civil cases, it is good practice to verify and certify that the statements made are true and correct. For criminal investigations, ensure that the affidavit is subscribed and sworn before an authorized official (e.g., prosecutor or notary public).
Statement of Facts
- Provide a clear narration of your version of events. Organize chronologically if possible, so the investigating prosecutor can easily follow.
Refutation of Allegations
- Address the complainant’s allegations one by one. If the complaint is organized into paragraphs, it can be useful to follow the same numbering or reference system.
Legal Defenses
- Raise pertinent defenses (e.g., lack of jurisdiction, prescription, lack of criminal intent, self-defense, alibi, or denial). Cite relevant legal provisions or jurisprudence if appropriate.
Supporting Documents and Affidavits
- Clearly identify each piece of evidence, label it (e.g., Annex “1”, Annex “2”), and describe its relevance. If you have witness affidavits, attach them as separate documents. Each affidavit must also be duly subscribed and sworn.
Prayer or Relief Sought
- End your counter-affidavit with a statement requesting the investigating prosecutor to dismiss the complaint for lack of probable cause or lack of merit.

C. Form and Style Considerations

Concise and Clear Language
- Use straightforward language. Present arguments factually and logically; avoid unnecessary legal jargon.
Proper Numbering of Paragraphs
- Number each paragraph for easier reference by the prosecutor and other parties.
Sworn Statement
- The entire counter-affidavit must be subscribed and sworn to before a notary public or a prosecutor authorized to administer oaths. Failure to do so can result in the affidavit being disregarded.

VI. Filing and Service

Submission to the Prosecutor’s Office
- The counter-affidavit, along with all attachments, must be filed within the period specified in the subpoena. In many cases, it is 10 days from receipt, but always check the exact date stated on the subpoena.
Number of Copies
- Typically, the respondent must file enough copies for the official records and for each complainant. Confirm local practice or the instructions on the subpoena.
Proof of Service
- If the rules require, provide proof that the complainant(s) or the private prosecutor (if any) received a copy of your counter-affidavit. This is often done by serving copies to all parties involved and attaching an affidavit of service or a registry receipt (if served by mail).

VII. Consequences of Failure to File a Counter-Affidavit

Ex Parte Resolution
- If the respondent does not file any counter-affidavit within the prescribed time, the prosecutor may decide the case based solely on the complainant’s evidence. This increases the risk of a finding of probable cause and the filing of criminal charges.
Waiver of Defenses
- By failing to submit a counter-affidavit, the respondent may effectively waive certain defenses that could have been raised or clarified at the preliminary investigation stage.
Stronger Case for the Complainant
- Absent any refutation, the complainant’s affidavit and evidence stand uncontested, bolstering the likelihood of an adverse resolution for the respondent.

VIII. Best Practices and Practical Tips

Act Promptly
- Once the subpoena is received, immediately note the deadline. Time is of the essence in legal proceedings.
Organize Documents
- Collect all relevant records and label them systematically. Chronology matters; present your evidence in an easily understandable order.
Be Consistent and Accurate
- Inconsistencies in your statement or between your statement and submitted documents can undermine your credibility.
Seek Legal Representation
- A skilled defense lawyer can advise you on the best legal strategy, help draft clear statements, and ensure compliance with technical rules.
Anticipate Rebuttals
- Bear in mind that the complainant may file a reply-affidavit. Address likely counterarguments upfront to minimize surprises.

IX. Conclusion

Preparing a strong, well-structured counter-affidavit in response to a subpoena during the preliminary investigation stage is crucial to protecting one’s rights and ensuring that the prosecutor has a complete view of the facts. By carefully laying out factual defenses, attaching relevant evidence, and abiding by procedural rules, a respondent can substantially influence the prosecutor’s determination of probable cause.

Whether you are a private individual or a corporate officer facing a subpoena, it is always prudent to consult legal counsel. An attorney’s guidance in drafting a counter-affidavit can help prevent common pitfalls—such as missing deadlines or failing to notarize documents—and enable you to present a clear and compelling defense.

Disclaimer

This article is intended solely for general informational purposes and does not create an attorney-client relationship. For legal advice tailored to your specific circumstances, consult a qualified lawyer licensed to practice in the Philippines.