Affidavit of Support (AOS) in the Philippines for Dual Citizens: When It’s Allowed and How to Execute

Introduction

In the Philippine legal framework, an Affidavit of Support (AOS) serves as a formal sworn statement wherein an individual, often a family member or sponsor, commits to providing financial, material, or logistical support to another person. This document is particularly relevant in immigration, travel, and family-related matters, such as visa applications, guardianship arrangements, or dependency claims. For dual citizens—individuals who hold Philippine citizenship alongside another nationality under Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act of 2003)—the execution of an AOS introduces unique considerations due to their dual status. This article explores the scope, applicability, conditions for allowance, and procedural execution of an AOS in the Philippine context, drawing from relevant laws, administrative guidelines, and judicial interpretations.

Dual citizenship in the Philippines does not diminish one's rights as a Filipino citizen but imposes obligations to comply with both Philippine and foreign laws. The AOS, while not explicitly regulated under a single statute, intersects with various legal domains, including the Family Code, immigration rules from the Bureau of Immigration (BI), and consular services provided by the Department of Foreign Affairs (DFA). Understanding when an AOS is permissible for dual citizens and how to properly execute it is crucial to avoid legal pitfalls, such as invalidation of the document or complications in international travel.

Definition and Purpose of Affidavit of Support

An Affidavit of Support is a notarized document that outlines the sponsor's commitment to support the beneficiary financially or otherwise. In the Philippines, it is commonly used for:

Immigration and Visa Purposes: To demonstrate that a traveler, such as a minor, dependent, or family member, will not become a public charge in the destination country. For instance, it is often required for Schengen visa applications, U.S. non-immigrant visas, or travel to countries with strict entry requirements.
Family and Guardianship Matters: In cases involving minors or incapacitated individuals, an AOS may support petitions for guardianship, adoption, or child custody under the Family Code (Executive Order No. 209, as amended).
Educational or Medical Support: For dual citizens sponsoring relatives for study or treatment abroad.
Re-acquisition of Citizenship Contexts: Occasionally, in proving financial stability during the re-acquisition process under RA 9225, though this is not mandatory.

For dual citizens, the AOS must align with their citizenship status. As per RA 9225, dual citizens are treated as full Filipinos within Philippine territory, allowing them to execute legal documents like affidavits without restrictions based on their foreign citizenship, provided they do not violate loyalty oaths or foreign laws.

When an Affidavit of Support is Allowed for Dual Citizens

The allowance of an AOS for dual citizens depends on the context, the parties involved, and compliance with Philippine laws. Key scenarios include:

1. Immigration and Travel Support

Allowed Contexts: Dual citizens can execute an AOS to support family members (e.g., spouses, children, or parents) applying for visas or traveling abroad. This is permissible under BI regulations and DFA consular guidelines, as long as the sponsor demonstrates sufficient financial capacity. For example, a dual Filipino-U.S. citizen residing in the Philippines can sponsor a relative's U.S. visa application via Form I-134 (Affidavit of Support for non-immigrants), adapted to Philippine notarization standards.
Restrictions: It is not allowed if the AOS is intended to circumvent immigration laws, such as falsifying financial status (punishable under Article 172 of the Revised Penal Code for falsification). Dual citizens must disclose their status if required by the foreign embassy. Additionally, if the dual citizen is abroad, the AOS must be executed at a Philippine consulate to retain validity in the Philippines.
Special Considerations for Minors: Under DFA Department Order No. 11-97 (Travel Clearance for Minors), an AOS is often required for unaccompanied minors who are dual citizens traveling abroad, affirming parental consent and support.

2. Family Law Applications

Allowed Contexts: In annulment, legal separation, or support cases under the Family Code (Articles 194-198), a dual citizen parent can file an AOS to formalize child support obligations. This is fully allowed as dual citizenship does not affect family rights (Supreme Court ruling in Maquiling v. COMELEC, G.R. No. 195649, 2013).
Restrictions: Prohibited if it involves evasion of child support laws in either citizenship jurisdiction. For instance, a dual citizen cannot use Philippine AOS to avoid stricter foreign alimony requirements.

3. Citizenship and Residency Matters

Allowed Contexts: During RA 9225 applications, an AOS may be submitted optionally to prove dependency for derivative citizenship of minor children. It is also used in petitions for recognition of foreign judgments involving support (under Rule 39, Section 48 of the Rules of Court).
Restrictions: Not allowed for fraudulent purposes, such as misrepresenting citizenship status, which could lead to perjury charges (Article 183, Revised Penal Code).

4. General Prohibitions

An AOS is never allowed if it promotes illegal activities, such as human trafficking (RA 9208) or violates anti-money laundering laws (RA 9160). Dual citizens must ensure the document complies with both nationalities' laws to avoid extradition risks.

In all cases, the BI and DFA assess the AOS on a case-by-case basis, emphasizing genuineness and the sponsor's capacity (e.g., income proofs like ITR or bank statements).

Requirements for Executing an Affidavit of Support

To execute a valid AOS, dual citizens must meet specific evidentiary and formal requirements:

Sponsor Qualifications: The sponsor must be of legal age (18+), sound mind, and financially capable. Dual citizens should provide proof of both citizenships if relevant (e.g., Philippine passport and foreign ID).
Beneficiary Details: Full name, relationship to sponsor, purpose of support, and duration.
Supporting Documents:
- Proof of income (e.g., Certificate of Employment, BIR Form 2316).
- Bank statements or property titles.
- Birth/marriage certificates to establish relationship.
- For visa purposes, invitation letters or travel itineraries.
Notarization Standards: Must comply with the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), requiring personal appearance before a notary public.

Step-by-Step Procedure for Execution

Executing an AOS in the Philippines involves a structured process to ensure legal validity:

Draft the Document:
- Use a standard template available from law firms or DFA websites. Include the sponsor's oath, details of support (e.g., "I hereby undertake to provide full financial support including accommodation, food, and medical expenses"), and a jurat (sworn statement).
- Specify the dual citizenship status if it affects jurisdiction.
Gather Supporting Evidence:
- Compile all required attachments. For dual citizens abroad, apostille the documents under the Apostille Convention (if applicable) via DFA-Office of Consular Affairs.
Notarization:
- Appear personally before a Philippine notary public (if in the Philippines) or a consular officer at a Philippine embassy/consulate (if abroad).
- Pay notarial fees (typically PHP 100-500).
- The notary affixes a seal and records the act in their notarial register.
Consular Authentication (If Needed):
- For international use, authenticate via DFA's red ribbon or apostille process (PHP 100-200 per document, processing time 1-4 days).
Submission and Use:
- Submit to the relevant authority (e.g., foreign embassy for visas, court for family cases).
- Retain copies for records.

For dual citizens executing abroad, the AOS gains "consularized" status, equivalent to Philippine notarization under the Vienna Convention on Consular Relations.

Potential Legal Implications and Remedies

Validity Challenges: An AOS can be contested in court if proven fraudulent (e.g., via petition for nullification under Rule 47, Rules of Court).
Enforcement: Enforceable through civil actions for support (Family Code, Article 195) or contempt if court-ordered.
Penalties for Misuse: Perjury (up to 6 years imprisonment) or estafa (Article 315, RPC) if deceptive.
Judicial Precedents: In Republic v. Orbecido (G.R. No. 154380, 2005), the Supreme Court upheld affidavits in dual citizenship contexts, emphasizing full disclosure.

Conclusion

The Affidavit of Support remains a vital tool for dual citizens in the Philippines, facilitating family unity, travel, and legal obligations when executed properly. By adhering to the conditions of allowance and procedural steps outlined, dual citizens can navigate their dual legal identities effectively. Consultation with a licensed attorney is recommended for tailored advice, ensuring compliance with evolving regulations from the BI, DFA, and Supreme Court.