AFFIDAVIT OF SUPPORT REQUIREMENTS
A Philippine‐law primer for practitioners, sponsors, and travelers (Updated as of 3 July 2025 — Philippine time zone)
1. WHAT IS AN AFFIDAVIT OF SUPPORT?
An Affidavit of Support (AOS) is a sworn statement, executed under oath before a Philippine notary public or a Philippine consular officer abroad, in which an individual (the sponsor/affiant) formally promises to provide financial support to another person (the beneficiary) and assumes liability for expenses that the beneficiary may incur. It is not a contract per se; it is a unilateral declaration that creates civil liability under Philippine law and can be admitted in evidence in Philippine courts.
Typical Philippine use-cases (each governed by a distinct set of rules and issuances):
| # | Context | Governing Authority / Key Issuance |
|---|---|---|
| 1 | Departure of Filipino minors or other vulnerable passengers | Inter-Agency Council Against Trafficking (IACAT) Guidelines on Departure Formalities (latest rev. 2023) |
| 2 | Philippine Consulate/UAE requirement for visitors entering the UAE on a tourist visa (“AOS & Guarantee”) | DFA Foreign Service Circulars & Mission-specific rules |
| 3 | Immigration sponsorship for an alien spouse, child or parent applying for a 13(a)/(b) immigrant visa or probationary visa in PH | Bureau of Immigration (BI) Memorandum Circulars; 2015 Consolidated Visa Issuance Policy |
| 4 | Student-exchange or trainee visas where a Filipino institution vouches for a foreign national | Commission on Higher Education (CHED) & BI Joint Guidelines |
| 5 | Civil actions (e.g., estate or guardianship cases) to show capacity to support dependents | Rules of Court & Civil Code provisions on support (Arts. 194-208) |
2. LEGAL BASIS AND EFFECT
| Source | Key Provision |
|---|---|
| Civil Code, Art. 195 & 200 | Enumerates persons obliged to give support and the measure thereof. |
| Rules on Notarial Practice (2020) | Affidavit must be signed in the presence of a notary, with competent evidence of identity. |
| RA 8239 (Philippine Passport Act) & IRR | Requires an AOS-and-Consent if a minor travels with only one parent/guardian. |
| BI Operations Order SBM-2015-011 (Departure Formalities) | Lists the AOS as an alternative supporting document to establish financial capacity of traveler/sponsor. |
| Revised Penal Code, Art. 171-172 | False statements in a sworn affidavit constitute falsification and are criminally punishable. |
The affidavit becomes a public document once notarized/consularized, carrying the presumption of authenticity until rebutted. Failure to honor the commitment may give rise to an independent civil action for damages or reimbursement by the State (e.g., repatriation costs) or by private parties.
3. WHEN IS IT REQUIRED?
Minor (below 18) traveling abroad When neither parent is accompanying, or only one parent is present and the child’s surname differs from that parent, BI/IACAT may require an “Affidavit of Support and Consent.”
Tourist/visit visa to the UAE, Qatar, Bahrain & some Schengen missions Philippine Posts in these jurisdictions routinely require a notarized & DFA-apostilled AOSG from the Filipino host to curb trafficking and overstaying.
Sponsoring a foreign spouse/child/parent for PH residency BI’s 13-Series visas ask for an AOS proving that the Filipino sponsor earns at least ₱20 000-₱30 000/month (or equivalent savings) to support the applicant.
Scholarship exchange invitations CHED/DepEd require an AOS from the sponsoring school or guardian to assure living allowance and tuition coverage.
Embassy-specific Schengen & North-American visa applications While not a Philippine‐government requirement, many Philippine applicants attach a locally notarized AOS to prove “strong ties” and a free-board arrangement abroad.
4. WHO MAY EXECUTE THE AFFIDAVIT?
- Filipino citizens (domestic or abroad)
- Foreign nationals with legal stay in the Philippines (for visas processed in PH)
- Corporations/NGOs (through an authorized officer under board resolution)
The affiant must:
Be at least 18 years old and of sound mind.
Show competent evidence of identity (valid Philippine passport, UMID, PH DL, or two secondary IDs).
Demonstrate financial capacity — usually by attaching any of:
- Latest ITR or BIR Form 2316;
- Certificate of Employment with salary;
- Bank certificate (average daily balance or ADB, not merely account opening);
- Proof of remittance history (for OFW sponsors);
- Title/lease contracts if real-estate income is relied upon.
5. MINIMUM CONTENT REQUIREMENTS
- Title and Caption – “Affidavit of Support” or “Affidavit of Support and Guarantee”
- Personal details of affiant – complete name, civil status, citizenship, residence address.
- Personal details of beneficiary – name, date & place of birth, relationship to affiant, passport no. (if any).
- Purpose and period of support – e.g., tourist stay from 1 Oct 2025 – 31 Dec 2025, until completion of studies, etc.
- Extent of undertaking – food, lodging, tuition, medical expenses, possible repatriation cost, compliance with immigration laws.
- Statement of financial capacity – explicit assertion plus reference to attached proofs.
- Attestation clause – that statements are true and made under penalty of law.
- Signature, notarial jurat, and notarial seal.
Tip: Consular posts often reject general-worded affidavits. Use specific figures (“up to USD 5 000”) and specific address where the beneficiary will reside.
6. FORMAT & EXECUTION STEPS
- Draft using the required consulate/agency template. (Many Missions provide downloadable forms; otherwise, use standard affidavit format.)
- Attach documentary exhibits (IDs & financial proofs) – mark as “Annex A,” “Annex B,” etc.
- Appear personally before a notary public (if in PH) or a Philippine Embassy/Consulate (if abroad).
- Pay the notarization/consular fee (₱200–₱500 domestically; USD 25–35 abroad).
- If the affidavit will be used outside the Philippines, secure a DFA Apostille or, where applicable, an authentication (“red-ribbon”) if the destination state is not a Hague-Apostille member.
- Courier or scan-and-email the legalized affidavit and annexes to the beneficiary for submission to the relevant authority.
7. VALIDITY, EXPIRY & REVOCATION
No fixed statutory validity, but “freshness” matters:
- For BI departure formalities, an AOS dated within 6 months of travel is safest.
- For UAE tourist visas, the affidavit must be issued not earlier than 2 months before application.
The affiant may revoke the affidavit by executing a Sworn Revocation and notifying the agency that received the AOS. Revocation does not affect liabilities already incurred.
Death or insolvency of the affiant terminates personal obligation but may still be considered in civil claims against the estate.
8. LIABILITY & ENFORCEMENT
The AOS is enforceable in Philippine courts under Articles 1157 & 1311 of the Civil Code (obligations arising from law and quasi-contracts).
Government may treat the AOS as security for repatriation/deportation costs (see BI watch-list orders).
False statements expose affiant to:
- Reclusion temporal (12 yrs 1 day – 20 yrs) for falsification of public documents;
- Perjury under Art. 183 RPC;
- Possible anti-trafficking charges if affidavit is part of an illegal recruitment scheme.
9. COMMON PRACTICE TIPS
- Match addresses. Immigration officers compare the sponsor’s address in the affidavit with the address on utility bills produced at the counter.
- Use local currency equivalents. If sponsor’s funds are in USD or EUR, indicate peso conversion based on BSP reference rate on date of execution.
- Attach relationship proof. Birth or marriage certificates (PSA-issued) avert lengthy secondary inspections.
- Provide a contingency clause. E.g., “including, if necessary, the cost of emergency medical treatment up to Php 300 000.”
- Keep originals at hand during travel. Bureau of Immigration accepts hard copies only; scans on a phone are insufficient at final‐secondary inspection.
10. SAMPLE CLAUSE (for minors)
“I undertake and bind myself to shoulder all travel‐related and living expenses of my daughter, ANA MARIE D. CRUZ, including but not limited to airfare, accommodation, food, and medical insurance for the entire duration of her visit to Dubai from 10 August 2025 to 30 September 2025, and further guarantee her timely return to the Philippines, subject to the immigration laws of both countries.”
11. FREQUENTLY-ASKED QUESTIONS
| Question | Answer (Philippine Perspective) |
|---|---|
| Can a retired pensioner be a sponsor? | Yes, provided pension slips or bank statements show regular income sufficient for beneficiary’s needs. |
| Does BI keep a database of AOS? | Only those presented at ports are archived with stamped copies; there is no central searchable registry. |
| May two sponsors execute one joint affidavit? | Yes; identify each affiant separately, state respective shares and sign before the same notary. |
| Is a DFA apostille needed for use inside the Philippines (e.g., BI office)? | No. Apostille is only for foreign use. |
| What if the beneficiary overstays abroad? | The foreign state may pursue the sponsor for penalties if so provided in its domestic law; PH authorities may deny future AOS acknowledgments from the defaulting sponsor. |
12. PRACTICE POINTERS FOR LAW OFFICES
- Keep e-copies of all drafted AOS templates with version control referencing consular circular updates.
- Advise clients to notarize and apostille at least two weeks before the embassy/BI submission deadline to allow for unforeseen authentication backlogs.
- Cross-check demographic data with PSA documents to avoid mismatches leading to secondary inspection delays.
- Educate clients on criminal consequences of misrepresentation, especially when the AOS is being procured by recruiters or unlicensed travel agencies.
DISCLAIMER: This article is for informational purposes only and does not constitute legal advice. Laws and administrative issuances change; practitioners should consult the latest circulars of the Bureau of Immigration, the DFA-Office of Consular Affairs, and relevant foreign missions, or seek an attorney’s formal opinion for specific cases.