LEGAL FORMS

MODULE II

Lesson 3
REPLY-AFFIDAVIT

 What is it?
This is a sworn written statement filed by a complainant in answer to the counter-
affidavit that may be filed by the accused or the person being complained of. Its primary
purpose is to controvert the defenses that may have been cited by the accused in his/her
counter-affidavit.

 Sample Form

Republic of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE PROVINCIAL PROSECUTOR
San Fernando City, La Union

AAA, NPS Docket No. I-02C-INV-

Complainant, 20H-12345

- versus - For: Violation of Republic Act

No. 9262

BBB,
Respondent.
x----------------------------------x

REPLY-AFFIDAVIT

I, AAA, of legal age, married, Filipino citizen and a resident of Brgy.

Pitpitac, Luna, La Union after having been duly sworn to on oath in
accordance with law, hereby depose and state:

1. That I received a copy of the counter-affidavit of the respondent alleging

that he is giving support to our child. That is a blatant lie! I would not
have filed this case had the respondent been giving support to our child;

2. The allegations of the respondent in his counter-affidavit specifically par.

G, thereof, that he had been continuously giving support to our child by
sending various amounts of Php20,000.00, Php15,000.00 and Php11,
000.00, respectively, are not true. In fact, the said amounts were sent by
the respondent purposely to pay his loan obligation which he used as a
placement fee and other expenses in going abroad, as evidenced by hereto
attached Western Union receipts. In fact, to this date, he has not yet fully
paid his loan obligation;
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3. Again, as to the allegations of the respondent in par. K of his counter-
affidavit, I do not have any personal knowledge as to his personal dealings
considering that we already broke up at that time. After I broke up with
him, he never sent any support to our child contrary to his fabricated
allegations;

4. As a matter of fact, after I broke up with him, he never communicated to

us and to our child;

5. Likewise, there is no truth to the allegations of the respondent that I

refused to receive the amount which he continuously offered. In fact, it
was only in August 2019, that the respondent through his parents offered
for support in the amount of Php2,500.00 for the months of May, June,
July 2019. Respondent’s parents went only to our house after I sent a
demand letter to the respondent demanding support for our child. I did
not receive the said amount as I wanted to pursue what is due for our
child. The respondent had continuously reneged in his obligation as a
father to our child;

6. Lastly, all the allegations of the respondent in his counter-affidavit were

only made by the respondent in order for him to evade criminal liability.
Those are factual circumstances which are best ventilated in full blown
trial;

7. That I am executing this affidavit to attest to the truth of the foregoing

and to answer the counter-affidavit of the respondent.

IN WITNESS WHEREOF, I have hereunto set my hand this 2nd

day of October 2020 at Balaoan, La Union;

AAA
Affiant

SUBSCRIBED AND SWORN to before me this 2nd day of

October 2020, at Balaoan, La Union, Philippines. I further certify that I
personally examined the affiant and I am convinced and satisfied that she
gave her statement freely and voluntarily and understood the contents
hereof.

_________________________
ADMINISTERING OFFICER
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Lesson 4
REJOINDER-AFFIDAVIT

 What is it?
A Rejoinder-Affidavit is a sworn statement that may be submitted by the accused
in response to the complainant’s allegations in the Reply-Affidavit. As such, its form is
similar to that of a Reply-Affidavit.

Lesson 5
COUNTER-AFFIDAVIT

 What is it?
A Counter-Affidavit is a sworn statement submitted by the accused in response
to the criminal complaint filed against him, usually during preliminary investigation.
This is where the accused cites his defenses against the crime being imputed against
him. The pertinent legal provision may be found under Section 3, Rule 112 of the
Revised Rules of Criminal Procedure, to wit:

Section 3. Procedure. — The preliminary investigation shall be conducted

in the following manner:

(a) The complaint shall state the address of the respondent and
shall be accompanied by the affidavits of the complainant and his
witnesses, as well as other supporting documents to establish
probable cause. They shall be in such number of copies as there are
respondents, plus two (2) copies for the official file. The affidavits
shall be subscribed and sworn to before any prosecutor or
government official authorized to administer oath, or, in their
absence or unavailability, before a notary public, each of who must
certify that he personally examined the affiants and that he is
satisfied that they voluntarily executed and understood their
affidavits.

(b) Within ten (10) days after the filing of the complaint, the
investigating officer shall either dismiss it if he finds no ground to
continue with the investigation, or issue a subpoena to the
respondent attaching to it a copy of the complaint and its
supporting affidavits and documents.

The respondent shall have the right to examine the evidence

submitted by the complainant which he may not have been
furnished and to copy them at his expense. If the evidence is
voluminous, the complainant may be required to specify those
which he intends to present against the respondent, and these shall
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be made available for examination or copying by the respondent at
his expense.

Objects as evidence need not be furnished a party but shall be made

available for examination, copying, or photographing at the
expense of the requesting party.

(c) Within ten (10) days from receipt of the subpoena with the
complaint and supporting affidavits and documents, the
respondent shall submit his counter-affidavit and that of his
witnesses and other supporting documents relied upon for his
defense. The counter-affidavits shall be subscribed and sworn
to and certified as provided in paragraph (a) of this section,
with copies thereof furnished by him to the complainant. The
respondent shall not be allowed to file a motion to dismiss in
lieu of a counter-affidavit.

(a) If the respondent cannot be subpoenaed, or if subpoenaed,

does not submit counter-affidavits within the ten (10) day period,
the investigating officer shall resolve the complaint based on the
evidence presented by the complainant.

(e) The investigating officer may set a hearing if there are facts and
issues to be clarified from a party or a witness. The parties can be
present at the hearing but without the right to examine or cross-
examine. They may, however, submit to the investigating officer
questions which may be asked to the party or witness concerned.
The hearing shall be held within ten (10) days from submission of
the counter-affidavits and other documents or from the expiration
of the period for their submission. It shall be terminated within five
(5) days.

(b) Within ten (10) days after the investigation, the investigating
officer shall determine whether or not there is sufficient ground to
hold the respondent for trial.

Thus, the normal order of submission of these sworn statements is as follows:

Counter- Reply- Rejoinder-

Complaint
Affidavit Affidavit Affidavit
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 Sample Form

Republic of the Philippines

Department of Justice
National Prosecution Service
OFFICE OF THE PROVINCIAL PROSECUTOR
San Fernando City, La Union

AAA, NPS DOCKET NO.

Assisted by: BBB (Mother), I-02C-INV-20J-
Complainant, 01234

-versus- For:

XXX, Violation of R.A. 7610

Respondent.
x-------------------------------------------------x

COUNTER-AFFIDAVIT

I, XXX, of legal age, married, and a resident of Brgy. Nagrebcan, Balaoan,

La Union, after being duly sworn in accordance with law, hereby depose and
state that:

1. I am the respondent in the criminal case for Violation of R.A. 7610 filed
by one AAA before the Office of the Provincial Prosecutor and docketed
as NPS DOCKET NO. I-02C-INV-20J-01234;

2. On October 14, 2020, I received a Subpoena together with the affidavits

of the complainant with its attachments, and said subpoena directed me
to file my counter-affidavit within a period of ten (10) days from the date
of receipt or until October 24, 2020;

3. On October 19, 2020, I filed a Motion for Extension of Time to File

Counter-Affidavit, duly received by the Office of the Provincial
Prosecutor, to extend the time to file my counter-affidavit by ten (10) days
from October 24, 2020, or until November 3, 2020, thus the timeliness
hereof;

4. I vehemently deny all the allegations in the Affidavit of AAA for being
false, baseless, and contrary to the dictate of human experience;

5. The truth of the matter is, I do not have any personal knowledge of the
events that transpired on January 11, 2019 as alleged by the Complainant;
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6. On January 10, 2019, at around 3 p.m., I had a drinking session with my
friends at Brgy. Ar-arampang, Luna, La Union;

7. At around 10 p.m. on the same day, our drinking session ended and I went
home to my residence in Brgy. Nagrebcan, Balaoan, La Union. I then went
straight to bed and spent the rest of the night asleep in my house;

8. In the morning of January 11, 2019, I went to work as usual. I was

surprised when I was summoned to the barangay hall that afternoon and
was accused of entering the Complainant’s room the night before. I have
no recollection of any such incident and to the best of my knowledge, I
have spent the night deeply asleep in my house due to the sedative effects
of alcohol;

9. The allegation in the Psychiatric Report dated July 31, 2020 that I climbed
a “high post” to gain access to the Complainant’s kitchen and
subsequently to her room is contrary to the dictate of human experience.
Due to the effect of the copious amounts of alcohol I have consumed
earlier that day, I could not have been mentally and physically able to climb
the high post as alleged by the Complainant;

10. I also deny the statement in the same Psychiatric Report that I had a
reputation in our place as a pervert. I believe that the Complainant is
referring to a previous incident where I passed by another neighbor’s
house one evening and reflexively looked inside the lighted house as I
walked past it;

11. The owner of the house saw me and assumed that I was looking into their
house with malicious intentions. My wife found out about this incident
and chastised me severely, as a result of which I promised to be more
careful of my actions lest I be suspected of peeping again;

12. I have not been accused of any other similar misdeeds since then, except
for Complainant’s present allegations against me;

13. I have executed this Counter-Affidavit to attest to the truth of the

foregoing and to refute all allegations of wrongdoing against me.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this______________, 2020, at ___________________________, La
Union, Philippines.

XXX
Affiant
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SUBSCRIBED AND SWORN TO before me this _____ day of

______________, 2020, at ______________________________, La
Union, Philippines.

Lesson 6
AFFIDAVIT OF DENIAL FOR NBI CLEARANCE

 What is it?
An Affidavit of Denial for NBI Clearance is a sworn statement executed when
a person applying for a NBI Clearance encounters a “hit”, which happens when either
you or your namesake (i.e., an individual who shares the same name while you) is
linked to records or information which might have a criminal record.

Every time someone applies for an NBI clearance, an NBI personnel combs
through their criminal database to evaluate for virtually any criminal record, also
called “derogatory records” -associated with the applicant’s name.

An “NBI Clearance Hit” occurs when the search returns a suspicious result.
At this point, one can get a “hit” regardless if the criminal case is associated with you
or a namesake. The verification process is going to take place down the road.

Take note that civil cases like annulments, ejectments, and funds claims aren’t
covered by the NBI clearance and therefore not contained in the database.

The NBI Criminal Database can be a collection of criminal offender

records extracted from the following:

 Courts (MTC, MTCC, MCTC, and RTC).

 Prosecution Service (City and Provincial Prosecution Offices).
 Ombudsman and Sandiganbayan.
 Police and AFP records.
 Others.

Needless to say, it’s impossible for any fugitive with pending criminal cases to
escape the watchful eyes of the NBI.

https://nbiclearance-online.com/nbi-clearance/nbi-clearance-hit-status-reasons-of-nbi-hit-in-getting-
clearance-updated-05192021/
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 Sample Form

REPUBLIC OF THE PHILIPPINES )

SAN FERNANDO CITY, LA UNION ) S.C.

AFFIDAVIT OF DENIAL

I, AAA, Filipino, married, of legal age, with residence and postal address
at No. 5 Langka street, Zone 1, North Signal, Taguig City, Philippines under
oath depose and say:

1. Last June 2, 2016 I went to the office of the National Bureau of

Investigation (NBI) in Muntinlupa City to apply for an NBI Clearance;

2. However, my application was denied for the reason that I allegedly

have a pending case as follows:

a. Criminal case 4075, People v. AAA Et. Al for Qualified Theft, Municipal
Trial Court, San Fernando City, La Union;

3. Upon verification of the records with the above-mentioned offices, I

discovered that the person charged for the said case is a certain AAAX, not
AAA, which is my true name based on my birth certificate, copy of which is
attached hereto as Annex “A”;

4. Also, it is physically impossible for me to have committed the said

cases for the reason that I was in Taguig City during the years 1984 up to
present, being an enlisted personnel of the Armed Forces of the
Philippines (Branch of Service-NAVY);

5. As such the AAA and the AAAx charged for the above-mentioned
cases are NOT THE SAME PERSON;

6. I am executing this affidavit to attest to the truth of the foregoing facts

and circumstances and to obtain the necessary clearance from the National
Bureau of Investigation and other concerned agencies as well as for all legal
intents and purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this ______

day of ___________ in San Fernando City, La Union.

AAA
Driver’s ID No. N03-98-012345
Expires on: 2018-06-28
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SUBSCRIBED AND SWORN TO BEFORE ME in San Fernando City,
La Union, Philippines this ______ day of _______ by the affiant personally
appearing before me and to me exhibited a competent proof of his identity
bearing specimens of his photograph and signature. The material details
thereon indicated below his name.

____________________________
Administering Officer

Lesson 7
AFFIDAVIT OF UNDERTAKING

 What is it?
An Affidavit of Undertaking is a sworn statement wherein the affiant undertakes
or promises to perform a certain action. It is usually accompanied with an explanation
as to why said action has not been performed yet.

 Sample Form

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF LA UNION ) S.S
CITY OF SAN FERNANDO )
x-----------------------------------------x

AFFIDAVIT OF UNDERTAKING

I, AAA, of legal age, single, Filipino citizen, and a resident of Brgy.

Pagleddegan, Bauang, La Union, after having been duly sworn to in
accordance with law, hereby depose and state that:

1. I am applying for the position of Fire Officer I, with the Bureau of Fire
Protection, Regional Office I, Santo Tomas, La Union;

2. In order to process my application, I have to submit all of my

requirements in relation to the said application, including this Affidavit of
Undertaking;

3. As such, I cannot still submit my Certificate of Eligibility. Thus, I

undertake to submit the said Certificate as soon the same is made
available;
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4. For this reason, I am executing this Affidavit and to attest to the truth of
the foregoing for all legal intents and purposes this may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this

______ day of _________ 2021, at Bauang, La Union, Philippines.

AAA
Affiant
PRC No. 0123456
Valid until January 15, 2023

SUBSCRIBED AND SWORN to before me this _____ day of

_______ 2021, at Bauang, La Union.

_____________________
Administering Officer