Counter Affidavit Response for Summons of Money

DISCLAIMER: This article is for general informational and educational purposes only and does not constitute legal advice. Laws, regulations, and legal procedures may change over time and can vary depending on the specific facts involved. If you need legal advice, consult a licensed attorney in the Philippines who can address your particular concerns.

Counter-Affidavit Response for Summons of Money in the Philippines

When an individual or entity in the Philippines is served with a legal summons related to the collection of money (e.g., a civil case for sum of money, a small claims action, or a criminal complaint for estafa involving money), one way to respond—particularly in certain proceedings—is by filing an affidavit. In some contexts, especially in criminal or quasi-criminal proceedings (e.g., preliminary investigation), a “Counter-Affidavit” is the formal responsive pleading to the complaint. Although in ordinary civil cases the defendant typically files an “Answer” rather than a counter-affidavit, there are instances (such as preliminary investigations for criminal complaints or cases under certain quasi-judicial agencies) where a Counter-Affidavit may be required.

This article provides a comprehensive overview of the concept of a Counter-Affidavit Response to a Summons of Money, focusing on the Philippine legal framework, procedural guidelines, and important considerations.

1. Understanding the Nature of a Summons for Money

  1. Summons in Civil Cases for Money

    • In a typical civil action for collection of a sum of money, the defendant is formally notified through a “summons.” This summons mandates the defendant to file a responsive pleading (usually an Answer) within a prescribed period (commonly 15 days from receipt of summons, extendable under certain circumstances).
    • In small claims cases (where the claim does not exceed a specific threshold set by Supreme Court rules), the process is more simplified: the defendant files a verified Response (rather than a traditional Answer) within a shorter time frame (for instance, 10 days) and follows a summary procedure.

  2. Summons or Notices in Criminal or Quasi-Criminal Proceedings Involving Money

    • In cases of estafa (swindling), bouncing checks (violations under B.P. 22), or other criminal complaints involving a claim or loss of money, the complainant typically files a complaint-affidavit with the Prosecutor’s Office.
    • The respondent (accused) is then required to file a Counter-Affidavit during the preliminary investigation stage.

  3. Summons or Notices from Administrative or Quasi-Judicial Agencies

    • Agencies such as the National Labor Relations Commission (NLRC) or other specialized bodies issue summons or notices for claims involving unpaid wages, money claims, or damages. The procedure (whether an answer, position paper, or counter-affidavit) can depend on the specific rules of each tribunal.

2. When Is a Counter-Affidavit Required?

In strictly civil cases, a “Counter-Affidavit” is not usually the standard responsive pleading; one typically files an Answer (or a “Response” in small claims). However, in the context of a preliminary investigation of a criminal complaint (say, for estafa or violation of B.P. 22), the Rules of Court (primarily the 2000 Revised Rules on Criminal Procedure, as amended) and the Department of Justice (DOJ) regulations require the respondent to submit a Counter-Affidavit in response to the complaint-affidavit.

A Counter-Affidavit may also be required by certain specialized laws or regulatory bodies (e.g., some administrative or quasi-judicial processes) where the regulations specifically call for affidavit-based pleadings.

3. Legal Basis and Governing Rules

  1. Rules of Court (Criminal Procedure)

    • Rule 112 (Preliminary Investigation) of the Rules of Court outlines that when a complaint-affidavit is filed against a person, the investigating prosecutor shall issue a subpoena requiring the respondent to submit a Counter-Affidavit (and supporting evidence) within a specified period.

  2. Revised Rules on Small Claims

    • Small claims cases involve money claims up to a certain threshold (subject to periodic adjustments by the Supreme Court). The defendant files a Verified Response, which, though not called a “counter-affidavit,” is an affidavit-based pleading. It includes factual statements relevant to the defense, sworn under oath, and accompanied by supporting documents.

  3. Quasi-Judicial Rules

    • Various administrative agencies have their own rules governing the filing of affidavits, position papers, or counter-affidavits. For instance, the NLRC Rules of Procedure outline a different process for money claims in labor disputes (submitting position papers, verified statements of claims and defenses, etc.).

4. Contents and Format of a Counter-Affidavit

Although the exact contents may vary depending on the forum (Prosecutor’s Office, court, or quasi-judicial agency), the following general guidelines apply:

  1. Case Caption and Title

    • Indicate the name of the investigating office or court, the case number (if already assigned), the parties involved, and the title of the document (e.g., “Counter-Affidavit”).

  2. Personal Information of the Affiant

    • Include the respondent’s full name, age, address, and other pertinent information.

  3. Statements of Denial or Defense

    • Respond point by point to the allegations made in the complaint-affidavit.
    • Clearly deny or admit each material allegation. For any denial, state the specific reason(s) and relevant defenses.

  4. Affirmative Defenses

    • Present facts and legal arguments that would exonerate the respondent or defeat the claim (e.g., prescription, payment, waiver, lack of cause of action, or other defenses under the law).

  5. Supporting Evidence

    • Attach relevant documents, receipts, contracts, or other documentary evidence.
    • If witness affidavits are needed, they can be attached and referred to.

  6. Verification and Certification

    • Affix a verification stating that the affiant swears to the truth of the facts stated in the Counter-Affidavit.
    • Some proceedings also require a separate certification against forum shopping (especially in civil cases).

  7. Notarization

    • The Counter-Affidavit must be signed by the affiant in the presence of a notary public (or other authorized official) and notarized.

5. Step-by-Step Procedure in Filing a Counter-Affidavit (Criminal Preliminary Investigation Context)

  1. Receipt of Subpoena or Summons

    • Once the Prosecutor’s Office has determined there is sufficient basis for a preliminary investigation, it issues a subpoena to the respondent, attaching the complaint-affidavit and supporting evidence.

  2. Gather Documents and Evidence

    • The respondent gathers all proof—receipts, contracts, bank records, communications, or any relevant evidence that refutes or discredits the complainant’s accusations.

  3. Draft the Counter-Affidavit

    • The respondent (often through counsel, though not strictly required by law if the respondent opts to represent themselves) drafts the Counter-Affidavit, making specific denials or admissions and setting out defenses.

  4. Notarization

    • The respondent signs the Counter-Affidavit before a notary public or authorized administering officer.
    • Ensure that all supporting affidavits from witnesses are also notarized.

  5. Submission to the Prosecutor’s Office

    • File the original signed and notarized Counter-Affidavit, together with copies of all supporting evidence.
    • Serve copies on the complainant (or their counsel) as required.

  6. Attend Further Proceedings

    • If the prosecutor deems it necessary, clarificatory hearings or preliminary conference may be scheduled.
    • After the investigation, the prosecutor will decide whether to dismiss the complaint or file an information in court.

6. Time Frames and Deadlines

  • Criminal Preliminary Investigation

    • Under Rule 112, the respondent is typically given ten (10) days from receipt of the subpoena to submit the Counter-Affidavit. The prosecutor may extend this period upon a written request showing valid reasons.

  • Civil Actions

    • Ordinarily, 15 days to file an Answer in regular procedure, or fewer days under summary procedure or the small claims process.

  • Quasi-Judicial or Administrative Cases

    • Deadlines vary according to the rules of the relevant agency or tribunal. The notice or summons usually specifies the deadline.

Non-compliance with these deadlines can result in default (in civil cases) or a waiver of the right to submit a defense (in preliminary investigations), so timely filing is critical.

7. Strategic Considerations

  1. Hiring a Lawyer

    • Though individuals can technically file affidavits on their own, engaging a lawyer ensures that defenses are articulated properly, legal arguments are comprehensive, and procedural rules are followed meticulously.

  2. Thorough Documentation

    • Presenting documentary evidence early and comprehensively can prevent additional delays and strengthen one’s defense. Omitting crucial evidence may be detrimental.

  3. Point-by-Point Refutations

    • A generic denial is insufficient. Each allegation should be specifically addressed with factual or legal bases.

  4. Potential for Settlement

    • Particularly in money claims, the parties might explore settlement or compromise agreements at any stage, whether in a civil, criminal, or administrative setting.

8. Common Mistakes to Avoid

  1. Missing the Deadline

    • Failure to file within the prescribed period can lead to serious consequences, such as loss of the right to present one’s side (in preliminary investigations) or being declared in default (in civil cases).

  2. Failure to Attach Supporting Documents

    • Counter-Affidavits without documentary evidence to back up defenses may be deemed insufficient.

  3. Not Verifying or Notarizing the Affidavit

    • A Counter-Affidavit that is not duly notarized or lacks proper verification can be rejected outright.

  4. Vague or Generic Denials

    • Generic denials (“I deny all allegations”) are ineffective. Specific, itemized responses tied to factual evidence are required.

  5. Overlooking Applicable Affirmative Defenses

    • Certain defenses—like payment, prescription, novation, or lack of capacity to sue—must be raised early. Failure to assert them at the outset can result in waiver.

9. Possible Outcomes

  1. Criminal Complaint Dismissal or Court Trial

    • If the prosecutor finds no probable cause after reviewing the Counter-Affidavit and evidence, the complaint may be dismissed. Otherwise, an Information will be filed in court.

  2. Civil Case Dismissal or Continuation

    • In a civil action, the court will decide whether the Answer or responsive pleading raises meritorious defenses. If not, the case may proceed to further stages (pre-trial, trial, etc.). In small claims, the judge decides summarily after a one-day hearing.

  3. Administrative or Quasi-Judicial Resolution

    • In labor or other administrative disputes, the arbiter or commission may dismiss the complaint or order the respondent to pay the money claim, depending on the merits of the defenses.

10. Practical Tips

  • Organize Evidence Early: Gather all documentary proof (receipts, bank statements, checks, agreements) before drafting to ensure a coherent, thorough narrative.
  • Maintain Professional Language: Even if the complaint is baseless, maintain respectful tone and proper legal language in the affidavit.
  • Coordinate with Witnesses: If witness statements are necessary, coordinate early so you can attach duly notarized affidavits.
  • Follow Court or Agency Directions Strictly: Each tribunal may have specific formatting, pagination, or binding requirements for pleadings.
  • Explore Alternative Dispute Resolution: Sometimes, mediation or direct negotiation can save time and expense for all parties.

Conclusion

A Counter-Affidavit Response to a Summons of Money in the Philippines is a crucial legal document filed in certain contexts—especially criminal or quasi-criminal proceedings (e.g., preliminary investigation for estafa or violation of B.P. 22). In civil actions strictly for the collection of money, the usual responsive pleading is an Answer or verified Response (in small claims), rather than a Counter-Affidavit.

Regardless of nomenclature, the fundamentals remain: respond promptly, address every allegation specifically, present affirmative defenses, and support them with proper evidence. Failure to comply with prescribed rules and deadlines can lead to default or waiver of defenses. Given the potential impact on one’s legal rights and finances, seeking the assistance of a qualified attorney is advisable. Properly prepared affidavits and pleadings help ensure a fair and orderly adjudication of the dispute, whether in a court, the Prosecutor’s Office, or a quasi-judicial agency.

REMINDER: Always check the most recent Supreme Court issuances, DOJ circulars, and relevant agency memoranda for updated thresholds, filing procedures, and deadlines. If in doubt, or if the case involves significant financial claims or complex legal issues, consult a Philippine-licensed attorney to safeguard your rights and interests.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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