Affidavit of Support in the Philippines: Cost, Form, and Remote Issuance (2025 Update) For information only – not a substitute for personalized legal advice.
1. What is an Affidavit of Support?
An Affidavit of Support (AoS) is a sworn, notarized declaration in which the affiant promises to provide financial (and usually moral) support to another person, the beneficiary. It is:
| Purpose | Typical requesting authority | Typical beneficiary |
|---|---|---|
| Visa or residence sponsorship (e.g., Schengen, U.S. green-card process) | Foreign embassies / consulates | Relatives, fiancés, employees |
| Philippine Bureau of Immigration (BI): exit clearance for minors & “Undertaking / Affidavit of Support & Guarantee” (ASG) | BI ports of exit | Filipino minors or first-time OFWs |
| Commission on Filipinos Overseas (CFO) guidance counseling | CFO | Fiancés/fiancées of foreign nationals |
| University / DepEd / CHED scholarship requirements | Schools & agencies | Students |
| Courts / adoption cases | Courts | Child being adopted |
Although there is no single statute labelled “Affidavit of Support Act,” the document’s enforceability springs from:
- Civil Code art. 1157 & 1315 et seq. (obligations & contracts by agreement);
- Rule 132, Rules of Court (documentary evidence);
- 2004 Rules on Notarial Practice (RONP) (as amended);
- Interim Rules on Remote Notarization of Paper Documents, A.M. No. 20-07-04-SC (2020, still in force);
- Anti-Dummy & anti-human-trafficking laws—false AoS may trigger criminal liability for perjury (Revised Penal Code art. 183) or trafficking (RA 9208, as amended).
2. Essential contents
A sound AoS should contain:
- Title (“Affidavit of Support” / “Affidavit of Support and Guarantee”).
- Affiant’s identifying data – full name, citizenship, civil status, address, government-issued ID details.
- Beneficiary’s data – full name, DOB, passport number or birth certificate reference.
- Relationship – blood, marriage, employment, or other.
- Scope of support – accommodation, school fees, daily subsistence, medical insurance, repatriation, etc. Where required by BI/CFO, add an unconditional repatriation guarantee.
- Duration – usually “for the entire period of stay/visa” or a definite term.
- Undertaking to shoulder liabilities – e.g., BI’s ASG requires assumption of all expenses and any possible administrative fines.
- Conformé / acceptance (optional but sometimes demanded by foreign posts).
- Jurats & notarization block – venue, notary’s commission number & expiry, document number, page number, book number, series.
3. Cost matrix (2025 typical rates)
| Scenario | Statutory / guideline ceiling | Market-realistic cost* | Notes |
|---|---|---|---|
| Walk-in notarization before Philippine notary public | Local IBP chapter schedule (e.g., NCR: ₱100-₱200 per simple affidavit) | ₱150-₱500 | Add ₱200-₱300 if drafting service needed |
| Consular notarization at a Philippine embassy/consulate | DFA Foreign Service Fees (2023 schedule): US$25 / document | US$25-US$30 equivalent + bank charges | May require prior online appointment |
| Remote notarization (A.M. 20-07-04-SC) within PH territory | Same ceiling as above; notary may recover additional “technology cost” upon agreement | ₱500-₱1,500 | Covers platform (Zoom/Teams), e-sign, courier of hard copy |
| Electronic notarization abroad (host-country e-notary) | Host country’s schedule | Varies (US$15-US$50) | Apostille/legalization often still required |
| Apostille by PH DFA Office of Consular Affairs | ₱200 (regular, 4 business days) / ₱400 (express, next-day) | — | Required if AoS executed abroad for Philippine use |
*There is no nationwide fixed fee; Supreme Court schedules state maximums. Lawyers may agree in writing to lower fees but cannot exceed the ceiling.
4. How to execute and notarize
A. Traditional in-person notarization (inside the Philippines)
- Draft AoS in English or Filipino.
- Print in at least one original plus copies.
- Affiant appears personally before a commissioned notary public in the same city/province where the document is signed (RONP, sec. 2[a]).
- Present any one competent evidence of identity (passport, UMID, PhilSys ID, driver’s license, etc., RONP sec. 12).
- Sign in the notary’s presence; notary signs and affixes dry seal.
- Pay notarial fee; receive copies.
B. Consular notarization (affiant abroad)
- Secure draft AoS.
- Book appointment with nearest Philippine embassy/consulate; bring passport and IDs.
- Execute and sign before the consular officer (who acts as notary pursuant to Vienna Convention on Consular Relations, art. 5[f] & Administrative Code, Book IV, Title I).
- Pay fee; obtain red-ribbon-style “Acknowledgment/Notarial Certificate.”
- No DFA Apostille needed for consular notarizations because the consular seal itself is recognized in Philippine territory.
C. Remote notarization within the Philippines
Under A.M. No. 20-07-04-SC (effective 16 Aug 2020, still extended by the Court until lifted), a notary may notarize paper documents using videoconference provided that:
| Key requirement | Practical tip |
|---|---|
| Affiant, notary, and at least one credible witness are all physically in the Philippines during the session | A geotagging affidavit or on-screen map is prudent |
| Videoconference must be recorded and retained for 10 years | Confirm the notary’s storage protocol |
| Affiant shows IDs to camera and sends a high-resolution scan of the signed document on the day of signing | Use PDF w/ 300 dpi scan |
| The original wet-ink document must be couriered to the notary within 5 calendar days for completion of the notarization block | Track the waybill; notarization date follows receipt |
Remote notarization is not available for consular posts (they follow host-state laws). If the affiant is outside the Philippines, consular notarization or local e-notary + Apostille is the route.
5. Apostille & legalization rules
- Philippines is a State Party to the 1961 Hague Apostille Convention (since 14 May 2019).
- If the AoS is signed abroad before a local notary (e.g., U.S. or UAE e-notary), it must be Apostilled by the host state’s competent authority, then—if required by BI/CFO—authenticated by DFA upon arrival in the Philippines.
- If the document is signed at a Philippine embassy/consulate, it already carries a Philippine consular seal and ordinarily does not need a separate Apostille.
6. Validity period & enforceability
| Context | Common practice |
|---|---|
| Foreign visa sponsors | 6-12 months from notarization (check embassy checklist) |
| BI Affidavit of Support & Guarantee for minors | Must match declared travel dates; BI allows filing within 1 month of departure |
| Adoption or court use | Remains valid until introduced in evidence, provided facts have not changed |
| Scholarship AoS | Whole duration of the course unless revoked |
An AoS is a private contract; beneficiary may sue in a Philippine court for specific performance (Civil Code art. 1165) if support is not delivered, subject to jurisdiction & service-of-process hurdles. Misrepresentation may expose the affiant to perjury or estafa.
7. Common pitfalls (and how to avoid them)
| Pitfall | How to mitigate |
|---|---|
| Inadequate relationship recital → embassy rejects document | State precise blood or legal tie; attach PSA birth/marriage certificate when possible |
| Blank financial capacity section | Attach proof of income (payslips, bank cert, COE) if embassy/BI checklist requires |
| Notary’s commission expired / wrong city | Check notary’s seal: commission no., expiry, city/province |
| Remote notarization but affiant abroad | Use consular notarization or local notary + Apostille instead |
| Missing Apostille for foreign-notarized AoS | Verify host country’s apostille process early; some take weeks |
| BI port rejects photocopy | Bring at least one original plus 2 photocopies |
8. Legislative & regulatory outlook (as of June 26 2025)
- Notary Public Modernization Bills (HB 3673 & SB 1780) propose permanent nationwide e-notarization using XAdES / DocuSign-type signatures. Not yet enacted.
- Digital Signatures Act amendments are being harmonized with the E-Commerce Act (RA 8792) to clarify cross-border notarization recognition.
- The Bureau of Immigration is drafting revised rules integrating biometric AoS validation to combat trafficking. Public consultations expected Q4 2025.
9. Step-by-step checklist (quick reference)
Draft AoS using latest authority checklist.
Choose notarization mode:
- In-person PH notary → schedule visit.
- Remote PH notary (if all parties inside PH) → locate RONP-compliant e-notary.
- Consular → book embassy slot.
- Foreign notary → confirm Apostille path.
Prepare IDs (government-issued, unexpired).
Sign & notarize; pay fee.
Apostille / authenticate if needed.
Submit originals to requesting agency; keep scanned copy.
10. Key take-aways
- Cost ranges from ₱150 (simple walk-in) to ₱1,500-plus (remote notarization with courier) or US$25-US$30 (consular). Fees must stay within IBP/Supreme Court ceilings but vary by city and complexity.
- Remote notarization is legally valid inside the Philippines under the Interim Rules (2020), but not if the affiant is abroad.
- Apostille is mandatory for foreign-notarized AoS unless executed at a Philippine diplomatic post.
- Ensure the AoS text, attachments, and notarization method match the specific checklist of the embassy, BI, CFO, or court requiring it.
- False statements or forged notarizations carry criminal liability for perjury and may jeopardize the beneficiary’s visa or travel.
Prepared by: [Your-Name], Philippine lawyer (2025). Latest authorities checked up to June 26 2025.