Affidavit of Support and Guarantee Requirements in the Philippines

1) What an “Affidavit of Support and Guarantee” is (and what it is not)

An Affidavit of Support and Guarantee (AOSG) is a sworn written statement where one person (the sponsor/guarantor) declares that they will financially support another person (the beneficiary/visitor/traveler) for a stated purpose and period, and may also guarantee compliance with certain conditions (commonly: return travel, observance of visa conditions, non-engagement in unauthorized work, coverage of living/medical costs, and similar undertakings).

In the Philippines, an AOSG is usually encountered as a supporting document in administrative or consular processes—especially travel and immigration—rather than as a standalone document created by a specific statute.

What it is not:

  • It is not automatically required by Philippine law for every trip or visa. Whether it is needed depends on the requesting authority (foreign embassy/consulate, airline, school, local/foreign immigration authority, etc.) and the facts of the case.
  • It is not a substitute for the beneficiary’s own eligibility requirements (e.g., a visa applicant still needs to meet the visa rules; a traveler can still be questioned about purpose, capacity, and ties).
  • It is not a universal guarantee that the traveler will be allowed to depart or be granted a visa; it is only evidence of support and intent.

2) Common scenarios where an AOSG is requested or useful

A. For Filipino travelers sponsored by someone else (departure from the Philippines)

In practice, when a traveler’s expenses are largely paid by another person, an AOSG is often presented as part of a set of documents showing:

  • who is paying;
  • why the traveler is going;
  • where the traveler will stay;
  • how long; and
  • why the traveler is expected to return.

This frequently arises for:

  • first-time international travelers,
  • unemployed or low-income travelers,
  • students traveling during break,
  • relatives visiting family abroad,
  • travelers staying with a host (free accommodation).

An AOSG typically works best when paired with objective proof (income documents, relationship documents, itinerary, accommodation proof), because affidavits are sworn statements but are still evaluated alongside other evidence.

B. For visa applications filed with foreign embassies/consulates in the Philippines

Many consular posts accept or request sponsorship documents when the applicant is being supported. Requirements differ widely by country and visa type. AOSGs are common where the applicant cannot demonstrate sufficient funds independently.

C. For foreign nationals sponsored for entry/stay processes affecting the Philippines

In some contexts, a Philippine-based sponsor may execute an AOSG to show ability and willingness to shoulder expenses and ensure compliance with conditions. The precise requirement and preferred format (and whether it must be notarized, apostilled, etc.) depends on the specific application and where it is filed.

D. For private arrangements involving “support” in the family or civil setting

Philippine law recognizes support obligations among certain family members (discussed below). However, an AOSG used for travel is different from court-enforceable support orders—though it may still be relevant as evidence of a voluntary undertaking.

3) Legal foundations you need to know in Philippine context

Even if no single statute “creates” the AOSG, several legal rules shape its validity and effect:

A. Nature of an affidavit

An affidavit is a sworn statement made under oath before a person authorized to administer oaths (commonly a notary public). It must be based on the affiant’s personal knowledge or clearly identified basis, and it must be executed in accordance with notarial rules.

B. Notarization converts a private document into a public document

A document signed privately is generally a private document. Once properly notarized, it becomes a public document, which carries:

  • stronger evidentiary weight,
  • a presumption of regularity in its execution (so long as notarization was proper),
  • easier acceptance in many administrative settings.

C. The notary’s role is substantive, not ceremonial

Philippine notarial practice requires, among others:

  • personal appearance of the signer before the notary,
  • presentation of competent evidence of identity,
  • proper completion of the notarial certificate (for affidavits: typically a jurat),
  • entry in the notarial register.

Failure to follow these can make the notarization defective and can expose parties to legal and administrative consequences.

D. Criminal exposure for false statements

Because an affidavit is sworn, material falsehoods can lead to perjury liability (and related offenses depending on the act). This is a major reason AOSGs should be accurate, specific, and consistent with attached records.

E. Support under the Family Code (separate but relevant concept)

Philippine family law imposes legal obligations of support among certain persons (e.g., spouses; parents and children; ascendants and descendants; and, in defined circumstances, siblings). “Support” includes what is indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation in keeping with the family’s means and social standing.

Key implications:

  • Family support obligations exist by operation of law, not merely by affidavit.
  • An AOSG may show willingness or acknowledgment but does not replace the legal framework governing enforceability, amounts, and remedies.
  • Rights relating to support are treated with public policy considerations; they are not handled like ordinary commercial guarantees.

4) “Requirements” in practice: what authorities usually look for

Because AOSGs are typically used in administrative/consular settings, “requirements” are best understood as (1) formal validity and (2) substantive credibility.

4.1 Formal requirements (Philippine execution)

A. Correct document type and notarial act For an AOSG, the appropriate notarial act is usually a JURAT (sworn affidavit), not merely an acknowledgment. The jurat states that the affiant personally appeared, was identified, and swore to the truth of the contents.

B. Personal appearance and signing The sponsor/guarantor should:

  • sign the affidavit in the presence of the notary, and
  • present valid government-issued ID(s).

C. Competent evidence of identity Notaries typically require at least one (often two) current government IDs. Common examples: passport, driver’s license, UMID, PRC ID, postal ID (subject to current acceptance), etc.

D. Complete notarial certificate and notarial details A properly notarized affidavit should reflect:

  • the place of notarization (city/municipality, province),
  • date of notarization,
  • notary’s name and commission details,
  • document number, page number, book number, series (as applicable),
  • signature and seal.

E. Attachments and signing conventions If attachments are referenced, good practice is:

  • list them clearly,
  • label them (Annex “A”, “B”, etc.),
  • ensure consistency of names, dates, passport numbers, and amounts.

4.2 Substantive requirements (what makes an AOSG persuasive)

Authorities generally evaluate:

  1. Identity of the sponsor and beneficiary
  2. Relationship (family, employment, personal) and plausibility
  3. Purpose of travel/stay and coherence of itinerary
  4. Period of support and conditions
  5. Financial capacity of sponsor (proof matters more than promises)
  6. Reasonable assurances of return/compliance (ties to home country, obligations, enrollment, work, assets, etc., depending on context)

An AOSG that is vague (“I will support everything”) but lacks proof is commonly less persuasive than one that is specific and documented.

5) Recommended contents of an AOSG (Philippine drafting standard)

While there is no single mandatory template, strong AOSGs usually include the following:

A. Title and introductory statements

  • “AFFIDAVIT OF SUPPORT AND GUARANTEE”
  • Identifying statement of affiant/sponsor: full name, age, civil status, citizenship, address, and ID details.

B. Identification of beneficiary

  • Full name, date of birth, passport number (if applicable), address, relationship to sponsor.

C. Travel/visit details

  • Destination(s), purpose (tourism, family visit, conference, study visit, etc.)
  • Inclusive dates or duration
  • Accommodation details (address, host, booking)

D. Specific support undertaking

State which expenses will be covered, such as:

  • airfare,
  • accommodation,
  • daily living expenses,
  • local transportation,
  • travel insurance/medical expenses (if applicable),
  • incidental expenses.

Where possible, include either:

  • an estimated budget, or
  • a statement that sponsor’s income/resources are sufficient to cover expected costs.

E. Guarantee / compliance undertaking

Common guarantee language (adapted to purpose), e.g.:

  • beneficiary will return to the Philippines after the stated period,
  • beneficiary will comply with visa/immigration rules,
  • beneficiary will not engage in unauthorized employment,
  • sponsor may be contacted at stated address/phone/email.

F. Sponsor’s financial capacity summary

A short paragraph referencing attached proof:

  • employment and position / business ownership,
  • monthly income range,
  • bank maintenance and ability to fund the trip,
  • other support obligations (briefly, if relevant).

G. Oath and jurat

  • Closing: “IN WITNESS WHEREOF…”
  • Signature over printed name
  • Jurat by notary.

6) Typical supporting documents attached in Philippine practice

Requirements vary by requesting authority, but these attachments are commonly expected:

A. From the sponsor/guarantor

  • Clear copy of government-issued ID(s) (often with signature)

  • Proof of income/resources, such as:

    • Certificate of Employment, employment contract, or payslips
    • Income Tax Return (ITR) or BIR-related proofs (depending on context)
    • Bank certificate and/or recent bank statements
    • Business registration documents (DTI/SEC, Mayor’s Permit) if self-employed
  • Proof of address (sometimes)

  • Proof of relationship to beneficiary (if family): PSA-issued birth/marriage records (common in practice)

B. From the beneficiary/traveler

  • Passport bio page
  • Itinerary, bookings, or invitation details (as applicable)
  • School enrollment proof or employment proof (ties), where relevant

Important practical point: Authorities often weigh objective documents heavily. The affidavit works best as a narrative and undertaking that “ties together” the documents.

7) Execution abroad: apostille and consular authentication issues

If the AOSG is executed outside the Philippines, it is usually signed and notarized in the country of execution, then prepared for use in the Philippines (or before a Philippine consular post / foreign authority).

General rules:

  • If the destination or receiving office requires authentication, the document may need an apostille (for countries in the Apostille Convention) or consular authentication (for non-member countries or where specifically required).
  • If the AOSG is executed before a Philippine embassy/consulate, the consular officer can often notarize/acknowledge the document in a form acceptable for Philippine use.

Because authentication rules are procedural and country-specific, the safest approach is aligning the notarization/authentication method with the receiving authority’s stated requirements.

8) Special situations and common complications

A. Support for minors

For minors traveling without a parent or legal guardian, an AOSG may be insufficient by itself. Separate rules on parental consent, custody, and child protection requirements may apply, and specific government clearances can be required depending on the circumstances.

B. “Guaranteeing” return is not absolute

No affidavit can absolutely guarantee a person’s future actions. The document is evaluated as:

  • evidence of intention and arrangements, and
  • evidence of a sponsor’s commitment.

C. Multiple sponsors / shared support

If more than one person is paying, clarity matters:

  • identify each sponsor’s share,
  • avoid inconsistent amounts or overlapping undertakings,
  • attach each sponsor’s proofs.

D. Mismatch between affidavit and documents

Common red flags:

  • inconsistent travel dates,
  • sponsor claims employment but COE/ITR is missing or inconsistent,
  • relationship claimed but no documentary proof when easily available,
  • amounts stated that do not match bank capacity.

E. Data privacy and document handling

AOSGs often contain sensitive personal and financial data. In practice:

  • limit attachments to what is necessary for the process,
  • provide redactions only if the receiving authority allows it (some do not),
  • keep consistent copies and control distribution.

9) Legal effects and enforceability: what an AOSG can actually do

A. Evidentiary use

A properly notarized AOSG:

  • is a public document,
  • is generally easier to accept in administrative evaluation,
  • can be used as evidence of the sponsor’s undertaking and the beneficiary’s declared arrangement.

B. Civil liability

Whether a sponsor becomes legally liable to third parties depends on context:

  • If the AOSG is purely a declaration submitted to a consulate, it is often treated as evidence rather than a contract with third parties.
  • If it is structured as a clear undertaking where another party relies on it (and legal requirements for obligations are met), it may support civil claims in appropriate circumstances.
  • Many real-world “liabilities” from AOSGs are practical/administrative (e.g., visa denials, immigration issues) rather than straightforward collectible civil debts.

C. Criminal and administrative risks

Risks arise when:

  • statements are materially false (perjury),
  • documents are falsified or forged,
  • the affidavit is used to conceal human trafficking, illegal recruitment, or other unlawful purposes,
  • notarization is improper (exposing notary and sometimes parties).

10) Drafting and notarization checklist (Philippine-ready)

Before notarization

  • Confirm full legal names match passports/IDs exactly.
  • Confirm travel dates, destination, address abroad, and purpose are consistent with itinerary/invitations.
  • Gather sponsor’s proof of income/resources and relationship proofs.
  • Decide what is being guaranteed (support only, or support + compliance undertakings).

In the affidavit

  • Complete sponsor details (including ID type/number).
  • Complete beneficiary details (passport number if applicable).
  • Specific support items and period.
  • Clear guarantee language appropriate to purpose.
  • List attachments as Annexes.

At notarization

  • Sponsor personally appears with valid IDs.
  • Sponsor signs in the notary’s presence.
  • Ensure the notary completes the jurat and notarial details.

After notarization

  • Photocopy and scan the notarized affidavit and attachments.
  • Keep an original set secured; submit only what is required.
  • If for overseas use: determine if apostille/consular authentication is needed.

11) A practical (non-country-specific) sample outline

AFFIDAVIT OF SUPPORT AND GUARANTEE I, [Full Name], of legal age, [civil status], [citizenship], and residing at [address], after having been duly sworn, depose and state:

  1. That I am the [relationship] of [Beneficiary Full Name], born on [DOB], holder of Passport No. [____], residing at [address].
  2. That [Beneficiary] will travel to [destination] for the purpose of [purpose] from [date] to [date], and will stay at [address/accommodation].
  3. That I hereby undertake to financially support [Beneficiary] during the above period, including but not limited to [airfare/accommodation/daily expenses/transportation/insurance/medical/incidental expenses].
  4. That I have sufficient financial capacity to provide such support as shown by the documents attached as Annexes “[A–__]”.
  5. That I further guarantee that [Beneficiary] intends to return to the Philippines upon completion of the stated purpose and will comply with all applicable immigration/visa conditions of [destination], including not engaging in unauthorized employment.
  6. That I may be contacted at [phone/email] for verification.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [place].

[Signature] [Printed Name]

SUBSCRIBED AND SWORN TO before me this [date] at [place], affiant exhibiting to me [ID type/number/validity] as competent evidence of identity.

12) Bottom line

In the Philippines, an Affidavit of Support and Guarantee is best understood as a formally notarized sworn undertaking used to strengthen a traveler’s or applicant’s documentation package. Its effectiveness depends less on the label and more on: proper notarization, specific factual content, and credible supporting documents showing the sponsor’s identity, relationship, and financial capacity—plus a coherent explanation of purpose and duration consistent with the rest of the record.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.