Dear Attorney,

I am seeking legal guidance regarding a counter-affidavit. Do I need to have the document notarized for it to be valid and acceptable in legal proceedings, particularly if it will be submitted to a prosecutor’s office? I want to make sure that I am following the correct legal procedure and that my document is properly executed.

Sincerely,
Concerned Citizen

Insights

In the Philippines, notarization of a counter-affidavit is generally required to ensure that the document is legally binding and admissible in legal proceedings. A counter-affidavit is typically submitted during preliminary investigations, which occur when someone files a criminal complaint against you. The counter-affidavit allows you to respond to the accusations by presenting your side of the story and providing supporting evidence.

While the submission of a counter-affidavit to the prosecutor’s office does not always automatically require notarization, it is highly advisable to have it notarized for the following reasons:

Affirming the Truthfulness of the Statement: A notarized document indicates that the person executing the affidavit (the affiant) has sworn under oath that the contents of the affidavit are true to the best of their knowledge. This adds credibility to the document, as it affirms that the affiant is willing to be legally accountable for the statements made.
Formal Requirement by Prosecutors: In many cases, particularly in criminal proceedings, the prosecutor’s office may require counter-affidavits to be notarized to ensure their authenticity. Notarization verifies the identity of the affiant and ensures that the affidavit was executed voluntarily and without coercion.
Compliance with Legal Procedures: In the context of preliminary investigations, following proper legal procedure is crucial. Submitting a notarized counter-affidavit is a common practice that demonstrates the affiant’s commitment to the legal process. It ensures that the affidavit meets formal requirements and avoids unnecessary delays or challenges to its admissibility.
Risk of Rejection: If a counter-affidavit is not notarized, there is a possibility that the prosecutor may refuse to accept it or require additional steps to verify its validity. This could result in delays in the investigation process and could also weaken your defense.

To ensure that your counter-affidavit is properly executed, it is important to follow these steps:

Draft your counter-affidavit carefully, clearly stating your responses to the allegations made against you.
Attach relevant evidence, if any, to support your claims.
Have the document notarized by a licensed notary public, ensuring that your signature is witnessed, and your identity is verified.

Once notarized, the counter-affidavit can be submitted to the prosecutor’s office as part of your defense in the preliminary investigation.

In summary, while notarization of a counter-affidavit may not always be explicitly required by law, it is highly recommended to avoid any procedural complications. Notarization adds legal weight to your document, ensuring it is recognized as a formal, sworn statement, and enhances its credibility in the eyes of the prosecutor and the court. It is always best to consult with a lawyer to ensure that all necessary legal steps are taken in preparing your counter-affidavit.