Affidavit of Support and Guarantee (AOS) in the Philippines: Who Can Execute It and Where to Obtain It

Overview

An Affidavit of Support and Guarantee (AOS) is a sworn statement by a sponsor (the “affiant”) promising to financially support and often guarantee the repatriation or accommodation of a traveler or applicant. In the Philippine context it is commonly requested in:

Visa applications (foreign embassies/consulates may require an AOS from a Philippine-based or overseas sponsor),
Bureau of Immigration (BI) transactions (e.g., certain extensions, undertakings, or where a sponsor is asked to show financial capacity),
Travel of minors or dependent relatives (some processes require proof that a responsible adult will shoulder costs and ensure the traveler’s return and compliance with the law).

The AOS is not a visa and not a substitute for other eligibility requirements. It is an evidentiary document—a formal promise under oath that can carry civil consequences (and criminal ones if perjured).

Who Can Execute an AOS

1) Legal capacity

Any natural person of legal age (18+) and full civil capacity may execute an AOS.
Corporations may give guarantees through an authorized officer (board authority typically needed), but most AOS use cases are individual-to-individual.

2) Relationship to the beneficiary

Agencies and embassies often prefer or require a close relative (spouse, parent, adult child, sibling).
Some accept extended relatives (e.g., aunt/uncle, cousin) or non-relatives (e.g., long-time friend, employer) if the sponsor proves genuine ties and financial capacity.
Always check the specific checklist of the office you’re filing with, as degree-of-relationship rules vary.

3) Financial capacity

The affiant should realistically be able to fund the intended support (e.g., daily subsistence, accommodation, airfare/repatriation, insurance premium, emergency costs).
Proofs typically include IDs, bank statements, income tax returns/pay slips, employment or business papers, and proof of residence.

4) Residence/location

A sponsor may be Philippine-based or overseas. Execution rules differ depending on where the AOS is signed (see “Where and How to Execute” below).

When Is an AOS Typically Needed?

Foreign visa applications (tourist/family visit): Many embassies accept (or ask for) an AOS to show the applicant will be supported and will comply with immigration laws.
Bureau of Immigration processes: In some situations, BI officers may require or appreciate an AOS (e.g., to evidence financial sponsorship for a foreign national’s extended stay or to support undertakings for dependents).
Travel of minors/dependents: Certain situations (e.g., a minor traveling without parents, or a dependent relative traveling at someone else’s expense) may call for an AOS or a similar affidavit to evidence responsibility and funds.

Important: Exact triggers and document titles change by agency, visa category, and country of destination. The AOS does not guarantee approval—it supplements other requirements.

What the AOS Should Contain

A solid AOS in the Philippine setting typically includes:

Title & Type of Oath
- “Affidavit of Support and Guarantee” under jurat (sworn before a notary/consular officer who administers the oath).
Affiant’s identity
- Full name, citizenship, civil status, date of birth, passport/ID number, address, contact details.
Beneficiary’s identity
- Full name, citizenship, date of birth, passport number (if any), current address, relationship to affiant.
Purpose and scope of support
- Reason for travel or application and specific undertakings:
  - financial support for board and lodging, daily expenses, transport, medical insurance (if applicable),
  - guarantee of accommodation (address of stay),
  - guarantee of repatriation/return travel if required,
  - acknowledgement to ensure compliance with immigration laws and conditions.
Duration
- Exact travel dates or a defined period (e.g., “for the entire duration of the beneficiary’s stay from [date] to [date] or until departure from [country].”).
Evidence of capacity and ties
- Short paragraph referencing annexed bank statements, ITRs/pay slips, employment certificate, business papers, title/lease, proof of relationship (birth/marriage certificates), itinerary or invitation letter.
Truthfulness clause
- Statement that the facts are true and the affiant understands the legal consequences of false statements.
Signature block and notarial/consular jurat
- To be signed in the presence of the notary or consular officer.

Where and How to Execute the AOS

If the affiant is in the Philippines

Sign before a Philippine notary public.
Bring valid government-issued ID (passport, driver’s license, UMID, etc.).
The notary will administer the oath (jurat) and enter the document in the notarial register.
Attach supporting documents as Annexes and ensure name consistency across ID and affidavit.

If the affiant is outside the Philippines

Two common routes—confirm which the receiving office requires:

Before a Philippine Embassy/Consulate (consularized AOS)
- Book an appointment; bring ID and the unsigned draft.
- Sign before the consular officer.
- You will receive a consularized affidavit.
Before a local (foreign) notary + Apostille
- Since the Philippines and many countries are parties to the Apostille Convention, a document notarized abroad can be apostilled by that country’s designated authority.
- Submit the apostilled AOS to the Philippine recipient agency/office.
- If the country is not an Apostille party, you typically need consular legalization at the Philippine Embassy/Consulate.

Tip: Some embassies/BI counters insist on their own templates or forms. Use the official form if one is prescribed.

Typical Attachments (as Annexes)

Affiant’s valid ID (and passport bio-page if traveling or overseas).
Proof of income/means: bank statements (recent months), payroll, ITR, employment or business proof.
Proof of relationship: PSA birth/marriage certificates, or other civil registry docs.
Accommodation evidence: lease, title, or host’s deed of undertaking; hotel bookings if applicable.
Travel plan: itinerary, tentative bookings, or invitation letter.
Insurance (if required by the destination or agency).

Notarization, Apostille, and “Red Ribbon”

The old “red ribbon” authentication (DFA legalization) has been largely replaced by the Apostille system between member states.
In the Philippines: documents notarized locally are usually accepted as is domestically; for use abroad, they may need Apostille by the Philippine Department of Foreign Affairs.
Abroad: documents notarized in an Apostille country are apostilled there, then recognized in the Philippines without additional consular legalization.

Legal Effects and Liability

The AOS is a sworn statement. Perjury and falsification laws apply to false statements or fake attachments.
Civil liability can arise if the sponsor explicitly undertakes to pay or reimburse costs and then reneges (e.g., a clear guarantee clause for airfare or accommodation).
An AOS rarely creates open-ended, unlimited liability; liability usually follows the text of the undertaking and general civil law principles (consent, intent, consideration where applicable, and good faith).
Government agencies are not bound to approve an application solely because an AOS exists.

Practical Drafting Tips (Philippine Practice)

Use clear, specific promises. State exactly what you will pay for (e.g., “accommodation at [address], daily subsistence up to ₱____ per day, and return airfare if necessary”).
Define the period. Avoid vague durations; tie the obligation to travel dates or a specific end event (e.g., “until beneficiary’s departure”).
Match facts to proofs. Names, addresses, and dates must mirror the IDs and annexes.
Avoid overpromising. Do not undertake obligations you cannot meet; ambiguity can be read against the affiant.
Mind data privacy. Don’t attach unnecessary personal data; redact account numbers except last 4 digits where possible.
Keep originals and copies. Some posts/BI counters retain a copy; keep a personal set with original receipts and proofs.

Step-by-Step: Executing an AOS in the Philippines

Draft the AOS (or use the agency/embassy template if required).
Prepare annexes: IDs, proofs of income, relationship, accommodation, itinerary, etc.
Appear before a notary with your valid ID; sign the AOS in front of the notary (jurat).
Bind or label annexes (Annex “A”, “B”, …) and reference them in the body of the AOS.
Submit to the requesting office together with the main application or as instructed.
If the document will be used abroad, Apostille it at DFA (for PH-issued documents) or follow the receiving state’s instructions.

Costs and Timelines

Notarial fees (Philippines): vary by city/firm and number of copies/annexes.
Consular fees (abroad): vary by post; some require appointments.
Apostille: separate fee and processing time if needed.
Always build in buffer time for scheduling, apostille, courier, and potential re-submission.

Common Reasons for Rejection

Wrong form/template when a specific one is prescribed.
Unsigned or improperly notarized affidavit (e.g., signed outside the notary’s presence, missing jurat).
Insufficient financial proof or mismatch between claims and annexes.
Unclear relationship or purpose of travel.
Expired IDs, inconsistent names, or undated/undernoted annexes.
Lack of Apostille/consularization when submitting across borders.

Sample Format (Guide Only)

AFFIDAVIT OF SUPPORT AND GUARANTEE I, [Full Name], Filipino, of legal age, [civil status], with residence at [Address], holder of [ID/Passport No. ______], after having been duly sworn, state:

That [Beneficiary’s Full Name], [citizenship], born on [DOB], passport no. [____], is my [relationship].

That the purpose of the beneficiary’s travel/ stay is [state purpose and destination], from approximately [start date] to [end date].

That I undertake to support the beneficiary during said period, including accommodation at [address], daily subsistence, local transportation, and emergency medical expenses; and if required, I guarantee the cost of return travel/repatriation.

That I possess sufficient means to comply with this undertaking as shown by Annexes “A” to “__” (bank statements, proof of income, employment/business papers, proof of relationship, itinerary).

That I will ensure compliance by the beneficiary with applicable immigration and public laws and not permit overstaying or unlawful employment.

That I execute this affidavit to attest to the truth of the foregoing and to support the beneficiary’s application/entry/stay as may be required. IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ____, 20, at __________, Philippines. (Signature over printed name) JURAT SUBSCRIBED AND SWORN to before me this ___ day of ____, 20, affiant exhibiting [ID/Passport No. ____ issued on ____ at ____]. Doc. No. ___; Page No. ___; Book No. _; Series of 20.

If executed abroad, replace the notarial block with the applicable consular or local-notary + apostille certificate.

Frequently Asked Questions (Philippine Context)

Is an AOS mandatory for all visa or BI applications? No. It depends on the specific checklist and the case facts. When requested, it strengthens proof that the traveler won’t become a public charge and will comply with conditions.

Can friends execute an AOS? Often yes—if they prove genuine ties and adequate means. Some offices prefer relatives and can be stricter with non-relatives.

What if my income is modest? You may co-sponsor with another qualified affiant if the receiving office allows co-sponsorship. Otherwise, increase documentation (e.g., show accommodation in kind, prepaid tickets, insurance).

How long is an AOS valid? Usually for the period stated. If travel dates change, execute a supplemental or updated AOS to avoid mismatch.

Can I revoke my AOS? You may execute a Revocation and notify the receiving office. Practical effect depends on the application’s stage and the office’s rules.

Do I need a lawyer? Not legally required, but helpful—especially if the office requires precise wording or if there are complex facts (multiple beneficiaries, mixed nationalities, or corporate guarantees).

Quick Checklist (Affiant)

Clear purpose and dates of travel/stay
Accurate identity details and relationship stated
Specific undertakings (support, accommodation, repatriation)
Proof of funds and proof of relationship attached
Proper notarization (PH) or consularization/apostille (abroad)
Names, numbers, addresses match across all documents
If required, use the official template of the agency/embassy

Final Notes

Treat the AOS as a formal, enforceable promise: sign only what you can honor.
Always follow the latest checklist of the exact embassy/consulate/agency you are filing with; requirements change frequently.
Keep certified copies of everything you submit, including receipts and apostille/consular stamps.

This article provides general information for the Philippine context and is not a substitute for tailored legal advice on your specific case.