Introduction

In the Philippines, an Affidavit of Relationship serves as a crucial legal document that establishes the familial or personal connection between two or more individuals. This sworn statement is often required in various administrative, immigration, and legal proceedings to verify relationships for purposes such as visa applications, passport issuance, civil registry amendments, inheritance claims, and social security benefits. Rooted in Philippine civil law principles, particularly under the Family Code of the Philippines (Executive Order No. 209) and relevant administrative regulations from agencies like the Department of Foreign Affairs (DFA), Philippine Statistics Authority (PSA), and Bureau of Immigration (BI), the affidavit ensures authenticity and prevents fraud in relational declarations.

This article comprehensively explores the concept, purposes, legal basis, requirements, preparation process, potential challenges, and best practices for creating an Affidavit of Relationship in the Philippines. It draws from established legal frameworks, including Republic Act No. 386 (Civil Code of the Philippines), Republic Act No. 10173 (Data Privacy Act), and notary public guidelines under Republic Act No. 8792 (Electronic Commerce Act) for electronic notarization where applicable.

Legal Basis and Definition

An Affidavit of Relationship is defined as a written declaration made under oath by an affiant (the person executing the affidavit) attesting to the nature and extent of their relationship with another individual or individuals. It is not a standalone proof of relationship but supplements primary documents like birth certificates, marriage certificates, or baptismal records.

The legal foundation stems from:

Article 172 of the Family Code: This outlines proofs of filiation, where affidavits can support claims of parent-child relationships, especially in cases of illegitimate children or late registrations.
PSA Guidelines: Under Republic Act No. 3753 (Civil Registry Law), affidavits are used for corrections or annotations in civil registry documents.
DFA and BI Regulations: For consular services and immigration, affidavits verify relationships for dependent visas, passport applications for minors, or family reunification.
Notarial Law: Governed by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), the affidavit must be notarized to gain evidentiary weight, making it admissible in court or administrative proceedings.

In essence, it transforms personal knowledge into a legally binding statement, punishable under perjury laws (Article 183 of the Revised Penal Code) if false.

Purposes and Common Applications

The Affidavit of Relationship is versatile and employed in numerous scenarios within the Philippine jurisdiction:

Immigration and Visa Purposes: Frequently required for petitions under the US Immigration and Nationality Act (for Filipino applicants) or similar processes in Canada, Australia, or the EU. For instance, a parent might execute an affidavit to support a child's visa application as a dependent.
Civil Registry Matters: Used for late registration of birth, marriage, or death under PSA rules, or to correct entries where relationship proof is lacking. It's essential in acknowledging paternity or maternity.
Passport and Travel Documents: The DFA mandates affidavits for minors traveling abroad without parents (Affidavit of Support and Consent) or to establish guardianship.
Inheritance and Property Claims: In probate proceedings or extrajudicial settlements under Article 1056 of the Civil Code, heirs use affidavits to affirm relationships with the deceased, especially when primary documents are unavailable.
Social Welfare and Benefits: For claims under the Social Security System (SSS), Government Service Insurance System (GSIS), or PhilHealth, affidavits verify dependents or beneficiaries.
Adoption and Guardianship: Supports petitions under Republic Act No. 8552 (Domestic Adoption Act) by detailing biological or familial ties.
Employment and Educational Verifications: Occasionally for scholarship applications or job-related dependent benefits, though less common.

In all cases, the affidavit must specify the exact nature of the relationship (e.g., parent-child, siblings, spouses, cousins) and include supporting details like shared addresses, common events, or mutual acquaintances.

Requirements for Validity

To be legally effective, an Affidavit of Relationship must meet stringent requirements, ensuring its authenticity and compliance with Philippine law:

1. Affiant Qualifications

The affiant must be of legal age (18 years or older) and mentally competent.
They should have personal knowledge of the relationship, ideally a close relative or long-time acquaintance. Strangers or distant parties may not qualify unless they can demonstrate direct knowledge.
No conflicts of interest; the affiant cannot be a direct beneficiary if the affidavit pertains to financial claims.

2. Content Essentials

Full Identification: Names, ages, addresses, and civil status of the affiant and the related parties.
Relationship Details: Precise description (e.g., "I am the biological mother of [Name], born on [Date] in [Place]").
Supporting Facts: Dates, places, events, or circumstances proving the relationship (e.g., shared schooling, family gatherings).
Purpose Statement: Why the affidavit is being executed.
Oath Clause: Affirmation that the statements are true, with awareness of perjury penalties.
Signature and Date: Handwritten or electronic signature.

3. Documentary Attachments

While not always mandatory, attaching supporting documents strengthens the affidavit:
- Birth/marriage certificates from PSA.
- Photographs of family events.
- Baptismal or school records.
- Previous affidavits or court orders.
Under the Data Privacy Act, sensitive personal information must be handled confidentially.

4. Notarization

Must be subscribed and sworn before a notary public, consul (for overseas Filipinos), or authorized officer.
Notary verifies identity via government-issued IDs (e.g., passport, driver's license).
Electronic notarization is allowed under the Electronic Notarial Act guidelines, using digital signatures.
Fees: Typically PHP 100–500, plus documentary stamp tax (PHP 30 under Revenue Regulations).

5. Language and Format

Written in English or Filipino; translations required if in another language.
Typed or handwritten legibly on legal-sized paper, with 1-inch margins.
No erasures or alterations without initials.

Failure to meet these can render the affidavit invalid, leading to rejection by agencies or courts.

Step-by-Step Preparation Process

Preparing an Affidavit of Relationship involves a systematic approach to ensure accuracy and compliance:

Gather Information: Collect details on parties involved, relationship history, and supporting evidence. Consult family records or PSA documents.
Draft the Content:
- Start with a title: "Affidavit of Relationship."
- Introduction: "I, [Full Name], of legal age, [Civil Status], residing at [Address], after having been duly sworn in accordance with law, do hereby depose and state:"
- Body: Detail the relationship with factual narratives.
- Conclusion: "This affidavit is executed for [Purpose]. IN WITNESS WHEREOF, I have hereunto set my hand this [Date] at [Place]."
Review for Accuracy: Double-check facts to avoid perjury. Seek legal advice if complex (e.g., from a lawyer or free legal aid via Integrated Bar of the Philippines).
Notarization:
- Visit a notary public with two witnesses (optional but recommended).
- Present IDs and pay fees.
- Sign in the notary's presence.
Submission and Copies:
- Submit originals to the requiring agency (e.g., DFA via appointment).
- Retain certified true copies.
- For international use, apostille via DFA under the Apostille Convention (since 2019, replacing authentication).

Sample Template:

REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ______ ) S.S.

AFFIDAVIT OF RELATIONSHIP

I, [Affiant's Name], of legal age, [Civil Status], Filipino, and a resident of [Address], after having been duly sworn in accordance with law, do hereby depose and state:

1. That I am the [Relationship, e.g., sister] of [Related Person's Name], who is [Age] years old, [Civil Status], and residing at [Address];
2. That our relationship is based on [Details, e.g., being born to the same parents, [Parents' Names], as evidenced by our birth certificates];
3. That [Additional supporting facts];
4. That this affidavit is being executed to [Purpose, e.g., support a visa application].

IN TRUTH WHEREOF, I have affixed my signature this [Date] day of [Month], [Year] at [Place].

[Affiant's Signature]
[Affiant's Name]

SUBSCRIBED AND SWORN to before me this [Date] at [Place], affiant exhibiting to me his/her [ID Type and Number].

Notary Public
Doc. No. __;
Page No. __;
Book No. __;
Series of [Year].

Potential Challenges and Remedies

Lack of Supporting Documents: If primary proofs are lost, multiple affidavits from disinterested parties can suffice (e.g., two affidavits for PSA corrections).
Overseas Execution: Filipinos abroad can use consular notarization at Philippine embassies.
Fraud Allegations: False affidavits lead to perjury charges (up to 6 years imprisonment). Always ensure truthfulness.
Rejections: Common if incomplete; resubmit with corrections.
Privacy Concerns: Comply with RA 10173 by redacting unnecessary data.
Costs and Accessibility: Free templates online, but professional drafting (PHP 500–2,000) recommended for complex cases.

Best Practices and Considerations

Consult a lawyer for tailored advice, especially in contested relationships.
Use digital tools for drafting but ensure physical notarization unless e-notarized.
Keep records: Affidavits have no expiration but may need updates if facts change.
For minors: Guardians must execute on behalf.
Cultural Context: In the Philippines, family ties are strong; affidavits often reflect extended family structures.

In conclusion, the Affidavit of Relationship is an indispensable tool in Philippine legal practice, bridging gaps in documentation while upholding integrity. Proper preparation minimizes risks and facilitates smooth proceedings. For specific cases, refer to updated agency guidelines, as administrative rules may evolve.