Introduction

In the Philippine legal system, an Affidavit of Support and Guarantee serves as a formal sworn statement wherein an individual, in this case a foreigner residing or present in the Philippines, commits to providing financial, material, or other forms of support to another person. This document is commonly utilized in immigration, visa, and related administrative processes to demonstrate that the supported individual will not become a public charge or burden on the state. Executed by foreigners in the Philippines, it holds particular significance due to the country's strict immigration regulations under the Philippine Immigration Act of 1940 (Commonwealth Act No. 613), as amended by Republic Act No. 562 and subsequent laws, as well as implementing rules from the Bureau of Immigration (BI).

The affidavit underscores the sponsor's financial capability and willingness to cover expenses such as accommodation, food, medical care, and repatriation if necessary. It is notarized to ensure its authenticity and enforceability, often requiring consular legalization or apostille for international use. This article explores the legal framework, purposes, detailed format, procedural requirements, potential pitfalls, and variations based on specific scenarios within the Philippine context.

Legal Basis and Requirements

The Affidavit of Support and Guarantee derives its authority from Philippine civil law principles under the Civil Code of the Philippines (Republic Act No. 386), particularly Articles 1156-2194 on obligations and contracts, which recognize affidavits as binding declarations. In immigration matters, it aligns with BI Memorandum Circulars and Department of Foreign Affairs (DFA) guidelines for visa-related documents. For instance, BI Operations Order No. SBM-2015-025 outlines requirements for visa extensions, where such affidavits may be mandated.

Key requirements for validity include:

Capacity of the Affiant: The foreigner must be of legal age (18 years or older), mentally competent, and legally present in the Philippines (e.g., holding a valid visa, Alien Certificate of Registration (ACR) I-Card, or Special Resident Retiree's Visa (SRRV)).
Notarization: The document must be subscribed and sworn to before a notary public in the Philippines, compliant with Republic Act No. 8792 (Electronic Commerce Act) if executed digitally, though physical notarization is standard.
Supporting Documents: Attachments typically include proof of the sponsor's financial stability (bank statements, income tax returns, employment certificates), identity (passport, visa), relationship to the beneficiary (birth certificates, marriage contracts), and sometimes property titles or lease agreements.
Language: Primarily in English, but bilingual versions (English-Tagalog) may be required for local BI submissions.
Fees: Notarial fees range from PHP 100-500, plus apostille fees (PHP 100 per document) if for international use via DFA.

Non-compliance can lead to rejection of applications or legal liabilities under perjury laws (Revised Penal Code, Article 183), with penalties including fines or imprisonment.

Purpose and Use Cases

The affidavit is versatile, addressing various scenarios where financial assurance is needed. Below are primary use cases in the Philippine context:

1. Immigration and Visa Extensions

Foreigners in the Philippines often execute this affidavit to sponsor family members or dependents for visa extensions or conversions. For example:

A foreigner holding a 9(g) pre-arranged employment visa may guarantee support for a spouse or children applying for 9(a) temporary visitor visas or dependent status.
Under BI rules, tourists extending beyond 59 days must sometimes provide an affidavit if sponsored by a resident foreigner, proving no intent to overstay or seek unauthorized employment.
In cases of Special Non-Immigrant Visas (47(a)(2)), such as for missionaries or volunteers, the affidavit ensures the organization or individual sponsor covers living expenses.

2. Inviting Foreign Visitors or Relatives

A foreigner residing in the Philippines (e.g., under SRRV or 13(a) permanent resident visa through marriage) can use the affidavit to invite overseas relatives or friends. This is submitted to foreign embassies in Manila for visa applications to the Philippines, demonstrating that the invitee will be hosted without relying on public funds. It mitigates risks of visa denials based on insufficient ties or financial concerns.

3. Sponsorship for Filipino Beneficiaries Abroad

Paradoxically, foreigners in the Philippines may execute this for Filipinos applying for visas to other countries. For instance:

A foreign expatriate in Manila sponsoring a Filipino employee or partner for a work visa in the sponsor's home country (e.g., US K-1 fiancé visa or Schengen short-stay visa).
It includes guarantees against abandonment and covers travel, accommodation, and return costs, often required by embassies like the US Embassy in Manila under Form I-134 (though the Philippine affidavit supplements this).

4. Educational and Student Visa Purposes

Foreign professors or researchers in Philippine universities (e.g., under 9(f) student visas) may provide affidavits for international students or scholars they invite. This ensures coverage of tuition, living expenses, and health insurance, aligning with Commission on Higher Education (CHED) and BI joint guidelines.

5. Business and Employment Guarantees

In corporate settings:

Foreign investors under the 9(g) visa or Special Investor's Resident Visa (SIRV) guarantee support for Filipino employees relocating abroad for company assignments.
It may also be used in joint ventures to assure partners of financial backing, though this overlaps with corporate guarantees under the Corporation Code (Batas Pambansa Blg. 68).

6. Humanitarian and Emergency Situations

During crises (e.g., natural disasters or medical emergencies), foreigners can execute affidavits to facilitate entry or extension for affected individuals, such as refugees or medical tourists, per BI humanitarian visa policies.

7. Legal Proceedings and Family Matters

In family courts, the affidavit supports petitions for legal separation, annulment, or child support under the Family Code (Executive Order No. 209), where a foreign parent in the Philippines guarantees ongoing maintenance. It may also be used in adoption cases involving inter-country adoption under Republic Act No. 8043.

In all cases, the affidavit must specify the duration of support (e.g., "for the period of stay") and contingencies (e.g., force majeure clauses).

Standard Format

The format follows a structured template to ensure clarity and legal sufficiency. Below is a sample in Philippine style, adaptable to specific needs:

REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF [Location]) S.S.

AFFIDAVIT OF SUPPORT AND GUARANTEE

I, [Full Name of Foreigner], of legal age, [nationality], single/married, holder of Passport No. [Number] issued at [Place] on [Date], and currently residing at [Address in the Philippines], with valid [Visa Type] expiring on [Date], after having been duly sworn in accordance with law, do hereby depose and state:

That I am financially capable of supporting [Full Name of Beneficiary], [relationship to affiant, e.g., spouse/child/friend], [nationality], holder of Passport No. [Number], during his/her stay in [the Philippines/abroad] from [start date] to [end date];
That I undertake to provide [Beneficiary] with accommodation at [address], food, medical expenses, and other necessities, and to shoulder all costs related to his/her repatriation if necessary;
That my monthly income is approximately [amount in PHP or USD], supported by [list attachments, e.g., bank certificate, pay slips];
That [Beneficiary] will not engage in any gainful employment or become a public charge;
That this affidavit is executed to support [purpose, e.g., visa extension application] and for no other purpose.

IN WITNESS WHEREOF, I have hereunto set my hand this [day] day of [month], [year] at [city/municipality], Philippines.

[Signature of Affiant]
[Full Name of Affiant]
Affiant

SUBSCRIBED AND SWORN to before me this [day] day of [month], [year] at [city/municipality], Philippines, affiant exhibiting to me his/her Passport No. [Number] as competent proof of identity.

[Signature of Notary Public]
Notary Public
Until [expiration date]
PTR No. [Number], [Date/Place]
IBP No. [Number], [Date/Place]
Roll No. [Number]
Doc. No. [ ];
Page No. [ ];
Book No. [ ];
Series of [year].

Attachments: [List, e.g., photocopy of passport, bank statements].

Variations include adding clauses for joint sponsors or conditional support.

Procedural Steps

Drafting: Prepare the document using the template, ensuring factual accuracy.
Gathering Evidence: Collect and attach proofs.
Notarization: Visit a notary public; foreigners may need to present BI-issued IDs.
Legalization: For international use, apostille via DFA (under Hague Apostille Convention, since 2019).
Submission: File with the relevant agency (e.g., BI for immigration, embassy for visas).
Validity Period: Typically valid for 6-12 months, renewable as needed.

Common Pitfalls and Best Practices

Insufficient Details: Vague financial commitments lead to rejections; quantify support (e.g., "PHP 50,000 monthly").
False Statements: Perjury risks; all claims must be verifiable.
Expired Documents: Ensure sponsor's visa is current.
Cultural Nuances: In Philippine practice, family ties strengthen credibility; highlight relationships.
Best Practices: Consult a lawyer for customization; use registered mail for submissions to track.

This comprehensive overview equips stakeholders with the knowledge to effectively utilize the Affidavit of Support and Guarantee in the Philippine legal landscape.