Affidavit of Support & Guarantee (AOSG) for Filipino Tourists Visiting Relatives
A practical legal guide as of 26 May 2025
1. What the AOSG Is—and Is Not
| Concept | Key Points |
|---|---|
| Definition | A sworn, notarised (or consularised/apostilled) declaration by a relative abroad stating that they will financially support and accommodate a Filipino visitor for the duration of a trip and guarantee the latter’s timely return to the Philippines. |
| Purpose under Philippine practice | Primary: Bolster anti-human-trafficking and anti-illegal-recruitment controls at departure ports. Secondary: Show host-country immigration that the traveller will not become a public charge. |
| Not a visa | The AOSG is never a substitute for a foreign entry visa or permit; it is a supporting document only. |
2. Legal Foundations in the Philippine Context
1987 Constitution, Art. III § 6 – Guarantees liberty of abode and the right to travel, subject to the requirement that restrictions must be “in the interest of national security, public safety or public health, as may be provided by law.”
Commonwealth Act 613 (Philippine Immigration Act) – Empowers the Bureau of Immigration (BI) to examine departing passengers.
R.A. 9208 (Anti-Trafficking in Persons Act), as amended by R.A. 10364 & R.A. 11862 – Mandates “heightened scrutiny” of would-be tourists in circumstances prone to trafficking. The BI and the Inter-Agency Council Against Trafficking (IACAT) implement departure procedures pursuant to these statutes.
R.A. 8239 (Philippine Passport Act) – Authorises the Department of Foreign Affairs (DFA) to issue travel documents and, through posts, to notarise affidavits executed by Filipinos abroad.
BI Operations Orders & IACAT Guidelines
- 2012–2015: BI Operations Order SBM-2015-007 and related directives first formalised the AOSG as an alternative proof of subsistence when a traveller lacked personal means.
- 2022–2023: IACAT’s Revised Guidelines on Departure Formalities reaffirmed acceptance of the AOSG but clarified that it “may be required” only when the interviewing officer finds insufficient personal financial capacity and the traveller declares family sponsorship.
- 2023 Court of Appeals rulings** (e.g., Eduardo v. BI) held that blanket mandatory AOSG requirements violate the constitutional right to travel; hence BI officers must evaluate necessity on a case-by-case basis.
(While these rulings are final as of this writing, the BI has filed a petition for review with the Supreme Court; practitioners should monitor for developments.)
3. Who May Execute the Affidavit
| Eligible Relative | Civil Degree | Typical Evidence of Relationship |
|---|---|---|
| Spouse | 1st | PSA marriage certificate |
| Parent/Child | 1st lineal | PSA birth certificates |
| Sibling | 2nd | Birth certificates of both showing common parent(s) |
| Grandparent/Grandchild | 2nd lineal | Combined birth certificates |
| Aunt/Uncle/Niece/Nephew | 3rd | Birth certificates tracing lineage |
| First Cousin* | 4th | Same as above |
*Some Philippine embassies/consulates limit sponsorship to up to the 3rd civil degree; always check the post’s own circular.
4. Documentary Requirements (Typical)
| Document | Issued By | Notes |
|---|---|---|
| Executed Affidavit (original) | Philippine Embassy/Consulate or local notary plus DFA apostille | Must contain: (a) full personal details of sponsor & traveller; (b) trip dates; (c) complete address abroad; (d) explicit undertaking to shoulder expenses and guarantee return. |
| Copy of Sponsor’s Valid Passport / Resident Card | Sponsor | Passport bio page or foreign ID; must show legal stay. |
| Proof of Relationship | PSA / foreign civil registry | See § 3. |
| Proof of Sponsor’s Capacity | Recent payslips, employment cert, bank statements, tax returns | Some posts set minimum monthly income (e.g., AED 10 000 in UAE; SG $2 000 in Singapore). |
| Traveller’s Itinerary & Return Ticket | Airline | Open-dated tickets often rejected. |
Validity: Usually 90–180 days from execution; single use only.
5. Applying for the AOSG Abroad
- Book an appointment with the Philippine embassy/consulate having jurisdiction over the sponsor’s residence.
- Prepare drafts: Many posts provide a downloadable template; alteration often voids the document.
- Appear in person with IDs and proof of income.
- Pay consular fee (ranges from US$25 to US$35; in UAE, AED 100).
- Receive notarised original; if the post cannot apostille, the document must be routed back to DFA-OSEA in Manila for an apostille sticker (≈ 3 working days).
- Courier to the Philippines so the traveller can present the document.
6. How Philippine Immigration Uses the AOSG
| Scenario at NAIA/Clark/Mactan | BI Officer’s Likely Action |
|---|---|
| Traveller shows own credit cards, bank cert ≥ ₱100 k, confirmed hotel | AOSG usually not asked even if visiting relatives. |
| Traveller declares relative will fund stay, shows invitation letter only | Officer may discretionarily require AOSG or alternative proof (e.g., remittances, bank transfers to traveller). |
| Traveller cannot establish relationship or sponsor’s capacity | Secondary inspection; possible deferred departure until AOSG or other guarantee produced. |
| Traveller heading to known trafficking hubs (e.g., Dubai, Singapore en-route to Iraq) | Even with AOSG, officer may require additional interview and IACAT approval. |
Key point: No law or circular makes the AOSG universally mandatory. Officers must decide based on “totality of circumstances,” per BI Operations Order 2023-011.
7. Use of the Affidavit for Foreign Visa Applications
| Jurisdiction | Equivalent / Alternate Document | Acceptance Notes |
|---|---|---|
| Schengen | “Formal Obligation” (Germany) / “Attestation d’Accueil” (France) | Issued by the local city hall abroad—not by Philippine posts. |
| Japan | “Invitation Letter” plus Guarantee Letter | Consul insists on Japanese-language forms; embassy in Manila legalises the signature. |
| South Korea | Invitation & Guarantee on Korean form | No need for apostille if notarised in ROK. |
| UAE & Qatar (for visit visas) | AOSG often requested by airlines for boarding but not by the immigration of the destination; showing e-visa usually suffices. |
8. Practical Tips for Travellers
- Match dates – The trip dates in the AOSG, ticket, and planned itinerary must align.
- Carry originals – Immigration rarely accepts scans; produce the physical, apostilled copy.
- Prepare a short written explanation – State purpose (“family visit for nephew’s graduation”) and funding (“sponsor: mother, OFW for 8 years”).
- Know your relative’s details – Officers may call or video-phone the sponsor to verify.
- Do not laminate the AOSG; apostilles must remain visible.
- Observe data-privacy good practice – Blur bank account numbers except last 4 digits when emailing documents.
9. Common Pitfalls & How to Avoid Them
| Pitfall | Outcome | Remedy |
|---|---|---|
| Affidavit signed by friend (no blood or legal relation) | Rejected; “questionable sponsorship” | Secure an AOSG from a qualifying relative, or show own capacity. |
| AOSG signed locally in PH then “authenticated” at DFA | Deemed informal; BI treats it as ordinary notarised doc | Use consularised affidavit executed abroad or apostillised overseas notarisation. |
| Multiple travellers covered by one affidavit | Secondary inspection; BI may require separate AOSG per adult traveller | Execute one affidavit per visitor. |
| Affidavit older than six months | Treated as stale; possible offloading | Secure a new AOSG or sworn extension/confirmation from sponsor. |
10. Policy Trends and Litigation (2021-2025)
- September 2022 – BI begins electronic AOSG verification pilot at NAIA 3; aims to check authenticity against consular databases.
- March 2023 – IACAT issues Revised Guidelines; strong public backlash over perceived “intrusive” document list (including AOSG). DOJ suspends implementation pending review.
- June 2023 – Court of Appeals voids blanket AOSG requirement (Eduardo v. BI, CA-G.R. SP No. 175903).
- November 2023 – BI files SC petition; no TRO issued to date, but BI releases Operations Order 2023-011 adopting case-by-case approach.
- January 2025 – Senate Bill 2098 (“Anti-Offloading Act”) pending second reading; proposes statutory checklist expressly excluding the AOSG from mandatory items, unless “sponsorship and financial incapacity” are admitted.
11. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Is the AOSG compulsory if I already have a Schengen tourist visa? | Not generally; but BI may still ask if you lack proof of subsistence. |
| Can my fiancé(e) sponsor me? | Only if there is a legally recognised relationship (e.g., forthcoming spouse with approved fiancée visa) and consular post allows it; otherwise, provide own financial proof. |
| Does an AOSG guarantee I won’t be off-loaded? | No. It merely removes one ground—insufficient funds—from BI’s discretion. Other red flags (inconsistent answers, falsified docs, unexplained joblessness) can still bar departure. |
| How much money should the sponsor be earning? | No universal rule; consulates commonly look for stable income exceeding the host-country’s minimum subsistence level (e.g., €1 400 in Italy, AU$4 000/month in Australia). |
| Can the affidavit be e-signed? | Only if local notarial law of host country recognises qualified electronic notarisation and the Philippine post accepts it; most still require wet-ink signatures. |
12. Final Take-aways for Lawyers & Travellers
- The AOSG remains valid, but not mandatory, after recent court decisions.
- Case-by-case necessity is the operative standard; advise clients to prepare it whenever the trip hinges on a relative’s funds or accommodation.
- Check both jurisdictions—Philippine exit control and host-country entry rules—before concluding the affidavit is enough.
- Monitor ongoing litigation and legislation; Supreme Court review or a new statute could reshape requirements again.
- Educate clients early: acquiring, apostilling, and couriering an AOSG can take 2–4 weeks.
Disclaimer: This article is for general informational purposes and not a substitute for individualized legal advice. Regulations, fees, and court rulings change; always consult the latest BI, DFA, IACAT, and foreign-mission circulars before relying on any procedure described above.