Preliminary investigation
Draft a counter-affidavit that answers the charge actually made.
A counter-affidavit is the respondent’s answer at preliminary investigation, and it is often the only chance to stop a case before an Information is filed. It has to meet the specific theory the complaint-affidavit actually alleges — not a generic denial — and it has to be submitted on the date the subpoena sets.
How to draft this
Four steps from a sentence to a Word file.
- 01
Describe the document in one sentence
Type what you need in plain language — "draft a counter-affidavit" plus the facts you already have. No template to hunt, no blank Word file to start from.
- 02
Generate the first draft
BatasDB matches the request to a counter-affidavit and writes it against the 5 required elements on this page.
- 03
Fill the marked blanks
Names, dates, amounts and other facts you did not supply come back as marked blanks, counted at the top of the draft. Rewrite freely in the editor.
- 04
Export to Word or PDF
Export with the unfilled blanks highlighted. Editing, exporting and duplicating are free — only generating a new draft uses credits.
Drafted from
2024 DOJ-NPS Rules on Preliminary Investigations and Inquest Proceedings (DOJ Department Circular No. 015, s. 2024), Secs. 9 and 10 on the respondent's counter-affidavit
This shapes the checklist below and the form of the document. It is not emitted into your draft as a citation — this document type does not conventionally cite authority, so BatasDB skips library retrieval for it entirely rather than padding a simple document with citations.
The checklist
What a counter-affidavit has to contain.
These are the elements BatasDB drafts against — injected into the generation itself, not checked afterwards. Where you have not supplied what an element needs, the draft leaves a marked blank instead of writing something plausible.
- 01
The two dates the period turns on
The date the subpoena and complaint-affidavit were received, and the date set for submission. Under the 2024 DOJ-NPS Rules the counter-affidavit is submitted on the date set in the subpoena, which must be at least ten days from receipt — not within ten days of receipt. The draft flags both dates rather than assuming today.
- 02
Specific denials aimed at the theory charged
A specific denial or admission of each material allegation, answering the theory actually alleged. For estafa, deceit, abuse of confidence, a worthless check and misappropriation are distinct theories with different elements — the draft answers the one charged. And it never states the denial more narrowly than the respondent’s own account: a flat denial of receipt is not followed by element-by-element qualifications that read as partial admissions.
- 03
Affirmative defences, from what the respondent said
The defences and the facts supporting them, drawn only from what the respondent actually supplied. The draft will not characterise the complainant’s motive — harassment, bad faith, using criminal process to collect a debt — unless you gave it that.
- 04
Counter-evidence, only if it exists
Annexes and witnesses’ counter-affidavits where the respondent identified them. Where none were supplied the paragraph is omitted entirely, rather than announcing evidence that does not exist.
- 05
Prayer for dismissal
A prayer for dismissal of the complaint for want of probable cause.
Not written by the AI
The formal parts are assembled, not generated.
The scaffolding a counter-affidavit needs is appended by the app from the rule that requires it. The drafting model does not write these and is explicitly told not to, so they cannot drift, be paraphrased, or come out subtly wrong.
- the prosecutor-office caption
- the affiant's signature line — never counsel's
- the preliminary-investigation jurat, sworn before the investigating prosecutor
What it leaves to you
The gaps are marked, not filled.
Facts you did not supply
Every name, date, amount, docket number and address you did not give comes out as a marked blank — [FACT NEEDED: …] — rather than as a plausible invention. They are counted at the top of the draft and highlighted in the Word and PDF exports.
Assertions it made on its own
A gate reads the drafted text for concrete assertions that trace back to nothing you said and nothing that was retrieved, and rewrites each as [CONFIRM: …] for you to check before you sign.
The judgment
Every draft carries a standing notice: AI-generated draft — review before filing or signing. Not legal advice. It is a first draft for a lawyer, not a filing-ready document.
FAQ
Counter-Affidavit: questions lawyers ask.
- How many days do I have to file a counter-affidavit?
- Under the 2024 DOJ-NPS Rules it is submitted on the date set in the subpoena, and that date must be at least ten days from your receipt of the subpoena and the complaint-affidavit. That is not the same as "ten days from receipt", and the drafting tool treats both dates as facts you must supply rather than guessing them.
- Can I file a motion to dismiss instead of a counter-affidavit?
- Under the 2024 DOJ-NPS Rules the prohibition is no longer absolute: such a motion is allowed when it is verified by the respondent and contains their defences, in which case it is treated as a counter-affidavit. A motion for a bill of particulars in lieu of a counter-affidavit remains prohibited.
- Will the draft invent a defence I never mentioned?
- No, and this format is written specifically to prevent it. Affirmative defences are drawn only from what you supplied, evidence paragraphs are omitted when you identified no evidence, and any concrete assertion the draft made on its own is rewritten as [CONFIRM: …] and counted at the top.
Start from a draft that already read the rule.
Describe your counter-affidavit in a sentence, fill in what only you know, and export it to Word or PDF.
Uses 5 credits from your monthly allowance — editing and exporting are free. See plans →
Draft this document