A Philippines legal and practical guide to what the document is, what it does (and doesn’t do), and what you typically pay for.

1) What people mean by “Affidavit of Support and Guarantee”

In Philippine practice, an Affidavit of Support (sometimes titled Affidavit of Support and Guarantee, Affidavit of Undertaking, or Sponsorship Affidavit) is a sworn statement where a person (the “sponsor”) declares they will financially support another person (the “beneficiary”) for a specific purpose—most commonly travel/visa, but also sometimes schooling, medical care, housing, or other commitments.

The “guarantee” portion usually adds an undertaking that the sponsor will also answer for certain costs or consequences (e.g., accommodation, return travel, medical expenses, compliance with visa conditions), and in some contexts is intended to resemble a guaranty/suretyship under the Civil Code.

Key point: In the Philippines, this document is not a single standardized government form. Its legal effect depends on its wording, the context where it’s submitted, and whether it is treated as a true contract of guaranty/surety or merely a supporting sworn statement.

2) Common situations where it’s used (Philippine context)

A) Foreign visa and travel sponsorship

This is the most common use:

A Filipino (or Philippine-based sponsor) supports a traveler’s visa application by committing to pay expenses and/or host the traveler.
Some embassies accept a Philippine affidavit; others require their own forms or specific formats.

Important nuance: For some countries, their immigration systems use legally binding sponsorship instruments (e.g., specific government forms). A Philippine affidavit may be treated only as evidence, not as the controlling legal instrument for that country.

B) Philippine immigration-related undertakings (situational)

In certain immigration situations, a sponsor/employer/host may be asked for an undertaking about costs, compliance, or repatriation. Sometimes the practical ask becomes an “affidavit of support/guarantee,” but requirements vary by transaction and office practice.

C) Private transactions (schools, hospitals, landlords, lenders)

Institutions sometimes request:

a sworn undertaking that a third party will pay fees,
or a guaranty-like commitment for someone else’s obligations.

In these contexts, the affidavit may function as part of the institution’s documentation rather than a standalone enforceable guaranty—unless it is drafted with clear contractual intent.

3) The legal building blocks under Philippine law

A) An affidavit is a sworn statement, not automatically a contract

An affidavit is a written statement sworn to before a notary public (or other authorized officer). As a rule, it is evidence of what the affiant declares and can support claims of intent, relationship, and willingness to fund.

But an affidavit does not automatically create a fully enforceable “guarantee” unless it also satisfies the requirements of a contract (clear consent, lawful object, and cause/consideration), and—if it is to answer for another’s debt/default—complies with the writing requirement commonly associated with the Statute of Frauds.

B) “Guarantee” has specific meanings in the Civil Code

Philippine law distinguishes:

Guaranty: the guarantor answers for another’s obligation subsidiarily (the creditor must generally go after the debtor first, subject to exceptions).
Suretyship: the surety binds itself solidarily with the principal debtor (the creditor may proceed directly against the surety).

These concepts fall under the Civil Code rules on guaranty and suretyship and are highly dependent on exact wording. If your affidavit says “I guarantee payment” or “I bind myself solidarily,” that can materially change exposure.

C) Perjury risk for false statements

If the affiant knowingly states falsehoods in a notarized affidavit (income, relationship, employment, intent), this can trigger criminal exposure for perjury under the Revised Penal Code, aside from visa denials or administrative consequences.

4) What an Affidavit of Support and Guarantee typically contains

A strong affidavit is specific, document-backed, and purpose-limited.

A) Identity and capacity

Sponsor’s full name, civil status, citizenship, address
Government-issued ID details
Employment/business details
Beneficiary’s details (name, passport, address)
Relationship (family, partner, friend, employer—be truthful and consistent with civil registry records)

B) Purpose and scope

Purpose (e.g., “to support visa/travel to [country] from [date] to [date]”)
Scope of support (airfare, lodging, food, local transport, insurance, tuition, etc.)
Maximum amount (best practice: set a cap)
Duration and validity (start/end dates)

C) “Guarantee / undertaking” clause (where most risk sits)

Common undertakings include:

Sponsor will shoulder expenses during stay
Sponsor will ensure beneficiary will not become a public charge (wording varies)
Sponsor may cover return airfare/repatriation costs
Sponsor will ensure compliance with visa conditions

Best practice: Keep undertakings precise and realistic. Avoid open-ended commitments that could be construed as unlimited liability.

D) Attachments (often expected)

Sponsor’s government ID
Proof of income: certificate of employment, payslips, ITR, business permits, etc.
Bank certificate/statements (as applicable)
Proof of relationship (birth/marriage certificates, photos/messages if asked by an embassy)
If hosting: proof of address/tenancy/title, invitation letter, itinerary

5) Notarization requirements in the Philippines (why it matters)

Under the 2004 Rules on Notarial Practice (the core framework used nationwide), proper notarization generally requires:

Personal appearance of the signatory before the notary
Presentation of competent evidence of identity
Proper notarial act (usually a jurat for affidavits)
Entry in the notarial register

A properly notarized affidavit becomes a public document, which carries evidentiary weight (though still challengeable for falsity, irregularities, or fraud).

Red flag: “Notarization” without personal appearance or using чуж IDs is a common cause of document rejection and potential liability.

6) Apostille / authentication for use abroad

If the affidavit is for a foreign visa or overseas use, the receiving authority may require proof that the Philippine notarization is authentic.

For many destinations, this is done via Apostille (Philippines participates in the Apostille system).
For some destinations, consular authentication may still apply.

Typical sequence:

Draft and sign affidavit
Notarize in the Philippines
Obtain Apostille/authentication as required
Provide certified copies/translations if requested by the foreign authority

7) “Fees” in the Philippines: what you’re actually paying for

There is no single official nationwide “Affidavit of Support and Guarantee fee.” Costs usually come from services around the document, not from the concept itself.

A) Notarial fee (the baseline cost)

Notarial fees are not fixed by a single national price list. They vary by city, complexity, and the notary’s schedule.
Costs often increase with:
- multiple signatories,
- multiple pages,
- urgent/out-of-office notarization,
- requests for multiple certified true copies.

Practical reality: You will see wide market variation depending on location and provider.

B) Drafting fee (optional but common)

Many people do not just notarize a template; they ask a lawyer or document service to draft it properly.

Drafting fees depend on complexity (especially if it includes a true guaranty/surety-style obligation, caps, and enforcement terms).

C) Apostille/authentication fee (if needed)

If required for overseas submission, you pay:

government processing fees per document, and possibly
courier, appointment costs, and document handling

Because official fees can change, treat any number you hear as time-sensitive.

D) Supporting documents’ fees (often overlooked)

PSA certificates (birth/marriage)
Bank certificates/statements (some banks charge issuance fees)
Employment certification (often free, but not always)
Photocopying and scanning
Translation (if the destination requires it)
Travel insurance documents (if needed)

E) “Guarantee fees” that are actually bond premiums (different concept)

Sometimes a government office, foreign authority, landlord, or institution requires a bond (cash bond or surety bond). This is not the same as an affidavit.

Cash bond: money deposited; may be refundable under conditions.
Surety bond: issued by a bonding/surety company; you pay a premium (often a percentage of the bond amount) and possibly other underwriting charges; typically not refundable.

When people say “guarantee fee,” they sometimes mean the premium for a surety bond—not the affidavit notarization.

8) Are “Affidavit of Support and Guarantee” packages being sold for a fee legal?

Charging for drafting, notarization, and processing is normal.

But there are risky or unlawful practices commonly associated with “guarantee fee” offers:

A) “Paper sponsor” or fake guarantor services

If a person sells sponsorship without real intent/ability and submits fabricated employment/bank proofs, it can involve:

perjury (false affidavit),
falsification (fake documents),
fraud/estafa (if money is taken under deception),
and can cause visa refusals, blacklisting, or other consequences.

B) Notarial shortcuts

“Notarized without appearance” arrangements can void credibility and create exposure for both sides.

C) Misrepresentation risk even if “everyone does it”

Embassies and immigration authorities compare documents for consistency. A single inconsistency (income, relationship, address, employment) can be treated as misrepresentation.

9) Enforceability: when can the sponsor actually be made to pay?

Whether a sponsor can be forced to pay depends on who is trying to enforce and what obligation is stated.

A) Enforcement by a private creditor/institution in the Philippines

If the affidavit is written in a way that clearly creates a guaranty/surety obligation (especially if accepted as part of a transaction), it can become enforceable like a contract.

Key factors:

clarity of obligation (amount, conditions, duration),
whether the institution relied on it (and can show it),
whether the affidavit contains “solidary” language (surety-like),
compliance with formalities (written, properly notarized).

B) Enforcement by a foreign government

A Philippine affidavit submitted to a foreign embassy is usually evidence for visa decisions. Whether it is enforceable abroad depends on that country’s rules and whether the affidavit is recognized as a binding undertaking there.

C) Practical limitation

Even a strong affidavit does not guarantee “automatic collection.” Collection still requires:

a valid claim,
proof of breach/trigger,
and enforcement action (demand, suit, etc.), often complicated by cross-border issues.

10) Drafting and fee-control best practices (to avoid surprises)

A) Limit and define liability

Include:

a maximum monetary cap,
a defined date range,
defined covered costs,
clear triggers (e.g., “only for travel expenses during the stated period”).

B) Align attachments with the affidavit

Income claims should match:

payslips/ITR,
bank certificate,
employment details.

Inconsistency is a common reason for rejection and suspicion.

C) Use proper notarization

sign only in the notary’s presence,
bring valid IDs,
keep a scanned copy of the signed and notarized version.

D) Treat “guarantee fees” carefully

If what’s being asked is actually a bond requirement:

ask whether a cash bond is acceptable,
compare surety bond premiums,
confirm refundability conditions for deposits.

11) Practical outline (typical structure)

Title: “Affidavit of Support and Guarantee”
Personal circumstances of sponsor
Identity of beneficiary
Purpose (visa/travel/schooling)
Undertaking to support (itemized or described)
Guarantee/undertaking terms (return airfare, compliance, capped amount)
Declaration of truthfulness
Jurat (sworn before notary)
Attachments list

General information notice

This article is for general informational purposes and does not constitute legal advice.