Affidavit of Support and Guarantee (ASG) for a Philippine Tourist Visa

A 2025 Comprehensive Legal Guide

1. Overview

An Affidavit of Support and Guarantee (ASG) is a sworn declaration by a Philippine-based sponsor (individual or juridical entity) promising that a foreign visitor will not become a public charge and will depart the Philippines on or before the end of his/her authorized stay. It remains the principal device by which the Bureau of Immigration (BI) and Philippine Foreign Service Posts allow an otherwise under-funded or dependent applicant to obtain a 9(a) Temporary Visitor/Tourist Visa.

2. Statutory & Regulatory Foundations

Instrument	Key Provisions Relevant to ASG
Commonwealth Act No. 613 (Philippine Immigration Act of 1940), as amended	• §29(a)(5) bars entry of aliens “likely to become a public charge.” • §36 grants the BI Commissioner power to impose conditions, bonds or guarantees.
Implementing Immigration Rules & Regulations (IRR)	• Rule XII authorises the Commissioner to require “surety or cash bond” or ASG as a less onerous substitute.
Department of Foreign Affairs (DFA) Foreign Service Circulars (e.g., FSC No. 012-2014; FSC No. 120-2019)	• Standard ASG template for posts abroad. • Prescribes documentary proofs, notarisation/consularisation, and default six-month validity.
Civil Code of the Philippines	• Arts. 2047–2050 on suretyship (the legal nature of a guarantee).
Hague Convention Abolishing the Requirement of Legalisation (Apostille Treaty) – in force for the Philippines since 14 May 2019	• Allows apostille in lieu of consular authentication when the ASG is signed abroad in another Apostille country.
Data Privacy Act 2012 & Anti-Trafficking in Persons Act, as amended (RA 10364)	• Sponsor’s liability for misuse or fraudulent guarantees.

Note: The BI also issues Operations Orders and Immigration Memorandum Circulars (IMCs) (e.g., IMC No. AFF-15-004) that flesh out practical filing procedures; these are administrative, not legislative, but officers apply them strictly.

3. When Is an ASG Required?

Financially-Dependent Applicants – Students, retirees, or tourists who cannot show independent means (usually at least USD 100/day or its peso equivalent).
Minors or Young Adults (under 21) – Especially if travelling alone or on a gap year.
Certain Nationalities – Posts may impose an ASG on applicants from countries with historically high overstay rates.
Visa Extension Beyond 59 Days – BI may again demand an ASG for each extension block if the visitor’s funds look inadequate.
Humanitarian or Medical Visitors – When treatment costs might burden public facilities.

4. Who May Act as Sponsor/Guarantor?

Sponsor Type	Minimum Qualifications
Natural Person	• 18 years or older; • Philippine citizen or permanent resident alien; • Gross monthly income ≈ PHP 30,000 or higher (higher in Metro Manila); • Proof of relationship or genuine link to the applicant (family, friendship, business, NGO).
Juridical Entity (e.g., corporation, NGO, school)	• SEC or DTI registration; • Board resolution approving sponsorship; • Must designate an officer who signs the ASG and assumes joint & several liability.

Relationship Rule: While no statute requires blood relation, BI Field Offices rarely accept “stranger” sponsorship unless the sponsor convincingly shows a legitimate purpose (e.g., company inviting a consultant).

5. Essential Contents of an ASG

Sworn declarations that the sponsor will:
- Provide board, lodging, and incidental expenses;
- Shoulder medical and repatriation costs;
- Ensure the visitor’s departure on or before the last authorised day;
- Pay administrative fines or overstay fees if the visitor breaches immigration law.
Visitor & Sponsor particulars – Full names, dates & places of birth, passports/ IDs, address, contact numbers.
Period Covered – Exact or approximate travel dates.
Undertaking Clause – “Jointly and severally liable” wording pursuant to Arts. 2047–2050 Civil Code.
Notarial / Consular Acknowledgment – With an apostille or red-ribbon if required.
Annexes:
- Latest ITR (or payslips, bank certs),
- Proof of legal status (e.g., ACR I-Card for resident alien sponsors),
- Copy of visitor’s passport bio page & tentative itinerary.

6. Validity Period

Scenario	Typical Practice (2025)	Rationale
ASG executed in the Philippines	6 months from notarisation	Harmonises with Rule on stale affidavits (Rule 132, Rules of Court) and DFA FSC templates.
ASG executed abroad & apostilled/consularised	6 months unless issuing post prescribes a shorter window (some Consulates cap at 3 months to curb fraud).	Consular officers rely on recent signatures & financial docs.
Corporate Hostel/Hotel Guarantee	Valid per booking period (dates stated) + 15-day grace for re-booking.	ASG is tied to a specific stay.
Multiple-Entry Visa Applicants	Posts accept an ASG up to 1 year if entries fall within that year and sponsor’s financial statements cover the same period.	Avoids repetitive filings.

Date of reckoning: The ASG must be valid both (a) on the date the visa application is lodged and (b) on the date of actual arrival. A visa issued on an expired ASG is subject to airport deferred inspection and possible exclusion under §29(a)(5).

7. Filing & Presentation

Overseas Filing – Attach the ASG to the visa package submitted to the Philippine Embassy/Consulate.
In-Country Filing – For visa conversions or extensions, submit to BI Main Office, Manila or the nearest satellite office.
Airport Arrival – Bring a hard copy. BI Secondary Inspection officers may request it, particularly for nationals flagged as frequent overstayers.
Digital Copies – Since 2023, several posts allow e-ASG uploads (PDF with visible apostille). The original may still be required at boarding.

8. Common Grounds for Rejection

Ground	Prevention Tip
ASG beyond validity period	Count 6 months (or consular limit) carefully; re-execute if close to expiry.
Sponsor’s financial documents outdated	Submit bank certificate issued within 30 days.
Mismatch in names/passport numbers	Ensure consistency across annexes.
Relationship not proven	Attach civil registry certificates, photos, or corporate papers.
Unsigned or improperly notarised	Use a notary public in good standing; check complete jurat with competent evidence of identity.

9. Legal Liability of the Guarantor

Civil Liability – Under Arts. 2047–2050, the sponsor is a solidary debtor with the foreign visitor for immigration fines, detention costs, or repatriation airfare.
Administrative Liability – BI may blacklist a negligent guarantor or refuse to accept future ASGs.
Criminal Exposure – Fraudulent ASGs may constitute perjury (Art. 183 RPC), estafa (Art. 315 RPC), or even facilitation of human trafficking (RA 10364) if exploitation is intended.
Tax Implications – Large outlays to support a visitor may be scrutinised by the BIR if inconsistent with declared income.

10. Interaction With Other Financial Proofs

Evidence	Role vis-à-vis ASG
Bank Statements / Certificates of Deposit	May substitute the ASG if visitor holds liquid funds ≥ USD 4,000 for a 30-day stay.
Travel Health Insurance	Reduces—but does not eliminate—guarantor’s exposure for medical costs.
Letter of Invitation (LOI)	Merely expresses intent; lacks the binding surety element of an ASG.

11. Frequently Asked Questions (FAQs)

Can a retired foreign resident of the Philippines act as sponsor? Yes—provided he/she holds a valid SRRV or 13(a)/(g) resident visa and meets the income threshold.
Does the ASG need to be apostilled if executed in Makati for use in Tokyo? No. Only documents executed abroad require apostille/consularisation. A Philippine-notarised ASG is already a public document.
What if the visitor overstays and the sponsor refuses to pay? BI may commence civil action, place the guarantor on the BI Watchlist, and file a collection suit before the RTC.
Can one ASG cover multiple applicants (e.g., a family of four)? Yes, but the sponsor’s financial capacity must be commensurate (roughly PHP 30,000 × number of applicants per month of stay).

12. Practical Tips for 2025

Tip	Rationale
Use the DFA-prescribed template (available at consular websites).	Uniform wording minimises scrutiny.
Align travel dates with ASG validity plus a cushion of 7 days.	Avoid airport objections for “stale” affidavits.
Bundle the ASG with proof of income in one PDF (≤ 5 MB) for e-submissions.	Reduces back-and-forth with visa officers.
Check the sponsor’s passport/ACR expiry – must extend at least 6 months beyond visitor’s departure.	Consistency with BI Ops. Order JHM-2023-089.

13. Conclusion

The Affidavit of Support and Guarantee remains an indispensable instrument for Philippine tourist-visa applicants who rely on local sponsorship. Its legal basis traces back to Commonwealth Act No. 613’s prohibition on admitting aliens “likely to become a public charge,” while its practical contours—form, period of validity, and enforcement—have evolved through DFA circulars and BI administrative issuances. For 2025, the prevailing rule is clear: an ASG is generally valid for six months, must be backed by credible financial evidence, and binds the sponsor in solidary liability for the visitor’s compliance with Philippine immigration law. Diligent preparation and strict adherence to these guidelines virtually eliminate the risk of visa denial or airport exclusion.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Immigration rules are frequently updated; consult the Bureau of Immigration, the relevant Philippine Embassy/Consulate, or a qualified Philippine immigration lawyer before acting on any information herein.