Counter-Affidavit: Meaning, Purpose, and Sample Form
A Counter-Affidavit is a sworn legal document executed by a respondent to formally answer, deny, or explain allegations made in a complaint or affidavit. It serves as the respondent’s official side of the story and is commonly submitted during preliminary investigations, barangay proceedings, or administrative and legal cases.
This affidavit allows the respondent to present facts, defenses, explanations, and supporting evidence to refute or clarify the accusations. Like all affidavits, a Counter-Affidavit is executed under oath and false statements may result in legal liability.
When Is a Counter-Affidavit Required?
A Counter-Affidavit is usually required in the following situations:
- Preliminary investigations before the Prosecutor’s Office
- Barangay dispute resolutions
- Administrative or labor cases
- Civil or criminal complaints
- Formal responses to sworn accusations
The Counter-Affidavit should directly address the allegations stated in the complaint and may include attached documents, photos, or affidavits of witnesses.
What Should Be Included in a Counter-Affidavit?
A properly prepared Counter-Affidavit should contain:
- Complete personal details of the respondent
- Reference to the complaint or affidavit being answered
- Clear and factual responses to each allegation
- Supporting facts, explanations, and defenses
- Purpose of executing the affidavit
- Signature of the affiant and notarization
Sample Counter-Affidavit (Editable Template)
Replace all bracketed information below with the correct details before printing and notarization.
REPUBLIC OF THE PHILIPPINES
[CITY / MUNICIPALITY]
[PROVINCE]
COUNTER-AFFIDAVIT
I, [FULL NAME OF RESPONDENT], of legal age, [citizenship], [civil status], and residing at [complete address], after having been duly sworn in accordance with law, hereby depose and state:
1. That I am the respondent in the complaint filed by [NAME OF COMPLAINANT], and I am executing this Counter-Affidavit to answer the allegations against me.
2. That I categorically deny the allegations stated in the complaint, except those expressly admitted herein.
3. That in response to the allegations, I state the following facts:
[Clearly explain and answer each allegation in a truthful, chronological, and factual manner.]
4. That the complaint against me is baseless and unsupported by facts and evidence.
5. That I am executing this Counter-Affidavit to protect my rights and to refute the false accusations filed against me.
6. That the foregoing statements are true and correct to the best of my knowledge and belief.
IN WITNESS WHEREOF, I have hereunto affixed my signature this [day] day of [month, year] at [place of execution].
_________________________________
[FULL NAME OF RESPONDENT]
Respondent
SUBSCRIBED AND SWORN to before me this [day] day of [month, year] at [place], the affiant presenting competent proof of identity.
_________________________________
NOTARY PUBLIC
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of _____.
Disclaimer: This template is for general reference only and does not substitute legal advice.