Below is a general legal discussion on the topic of an “Affidavit Requirement for Live-In Arrangements Despite an Existing Marriage in the Philippines.” This overview is based on the laws, regulations, and customary practices in the Philippines as of this writing. Note that legal frameworks can change over time, and actual requirements can vary depending on specific circumstances (e.g., local government policies, administrative rules, or unique factual backgrounds). For personalized guidance, it is best to consult a licensed Philippine attorney.

1. Understanding Live-In Arrangements in the Philippine Legal Context

No Legal Recognition as Marriage
- Under the Family Code of the Philippines (Executive Order No. 209, as amended), a valid marriage generally requires a license and a solemnization ceremony before certain authorized individuals.
- Simply living together—referred to colloquially as a “live-in arrangement” or “common-law” relationship—does not by itself create a legal marriage in the Philippines.
- A live-in arrangement does not have the same legal effects and protections as a valid marriage, particularly regarding succession rights, property relations, and spousal benefits, unless specific laws or regulations grant certain entitlements (e.g., Social Security System (SSS) benefits if a designation of beneficiary is made).
Existing Marriage and the Prohibition Against Multiple Marriages
- The Philippines does not recognize absolute divorce for most Filipinos (except under limited circumstances for Muslim Filipinos under Presidential Decree No. 1083 or for foreign divorces recognized under certain rules).
- If a party to a live-in relationship is still legally married (i.e., the marriage has not been nullified, annulled, or otherwise terminated under Philippine law), that person remains legally bound to his or her spouse.
Criminal Implications
- The Revised Penal Code punishes adultery and concubinage in cases where at least one of the partners is still legally married to someone else.
- An individual living with someone other than their legal spouse risks exposure to criminal complaints—though these cases often hinge on specific evidence (e.g., proof of cohabitation or sexual intercourse under scandalous circumstances in concubinage, or proof of extra-marital relations in adultery).
- Bigamy applies when a legally married person contracts another marriage without securing the legal termination of the first.

2. What is an “Affidavit for Live-In Arrangement” in Practice?

Although Philippine law does not explicitly require or establish a standard “affidavit for live-in arrangement,” there are several contexts in which an affidavit concerning cohabitation or “live-in” status may arise:

Affidavit of Cohabitation to Support Administrative or Government Requirements
- In certain local government units (LGUs) or administrative bodies, a couple may need to prove they share a household—for instance, when applying for:
  - Barangay certification of residency.
  - Certain social welfare benefits (though these are not uniformly offered).
  - Some LGUs require a notarized statement that two individuals are cohabiting for practical recordkeeping or local ordinance compliance.
Affidavit or Sworn Declaration for Immigration Purposes
- If a party to a live-in arrangement is a foreign national seeking to sponsor his/her Filipino partner for a visa (or vice versa), foreign embassies or immigration authorities may require proof of the relationship.
- An “affidavit of cohabitation” or a sworn statement from the Filipino partner might be requested to show the “bona fide” nature of the relationship.
- This affidavit, while recognized by the foreign authority, does not bestow marriage-like rights under Philippine law.
Affidavit or Deed of Declaration for Property Matters
- When acquiring property (e.g., real estate, motor vehicles) jointly, some couples who are not married might want a notarized statement clarifying each party’s share and clarifying their living arrangement.
- Such a document helps avoid disputes, but it does not override the legal requirement that property acquired during a valid marriage is generally considered “conjugal” or “community” property if not otherwise agreed upon.
Affidavit to Acknowledge Children
- When a child is born from a live-in relationship, an Affidavit of Acknowledgment or Affidavit of Admission of Paternity can be executed to place the father’s name on the child’s birth certificate.
- This affidavit is sometimes conflated with the concept of a “live-in affidavit,” though it serves a distinct function—legitimizing or acknowledging the child rather than formalizing the parents’ living arrangement.

In all these situations, the affidavit typically states:

The personal circumstances of each partner.
That they are cohabiting as an unmarried couple (or that one is still legally married but separated in fact).
That they assume or disclaim certain responsibilities or financial obligations.

Important: There is no uniform or legally mandated “standard” affidavit for a live-in arrangement across the Philippines. Requirements can vary by municipality, government office, or private institution (e.g., banks, embassies).

3. Potential Legal Risks and Limitations

Criminal and Civil Liability
- As mentioned, parties who cohabit while one is still legally married risk complaints for adultery (if the woman is the married party) or concubinage (if the man is the married party and there are specific aggravating circumstances).
- While an affidavit might help in administrative processes, it does not immunize the couple from possible criminal charges if the legal spouse files a complaint.
Bigamy vs. Live-In
- Merely living together does not constitute bigamy. Bigamy only arises when the still-married person attempts to contract a second (void) marriage.
- Nonetheless, if someone incorrectly uses an affidavit to claim single status for the purpose of contracting another marriage, that can be grounds for bigamy or perjury.
Property Disputes
- If a married person acquires property in the name of someone else—or jointly with someone other than the legal spouse—that property might still be subject to the conjugal partnership or absolute community of property (depending on the marriage regime).
- An affidavit of cohabitation does not override the legal property regime. It may help clarify the intention of the parties, but it cannot defeat rights of the legal spouse unless the marriage has been legally dissolved or there is a valid separation of property regime recognized by the court.
Inheritance Rights
- A live-in partner (who is not a legal spouse) generally does not automatically inherit under Philippine laws on succession.
- The presence of an existing marriage means that any estate distribution will prioritize the legal spouse (unless there is a valid will and the dispositions in that will do not violate the compulsory heir rules under Philippine law).
- An affidavit might document the live-in relationship, but it does not create heirship rights.

4. Contents Typically Found in a Live-In Affidavit

Where such affidavits are used (e.g., for immigration or local administrative reasons), they typically include:

Title: Often called “Affidavit of Cohabitation,” “Joint Affidavit of Live-In Relationship,” or “Affidavit Attesting Cohabitation.”
Personal Details: Full names, ages, nationalities, addresses, and marital statuses of both affiants.
Statement of Cohabitation: A declaration that the couple has been living together as a family unit at a specific address, often including the date cohabitation began.
Purpose: The affidavit usually recites the purpose: e.g., for a visa application, for local registration, or for other documentary requirements.
Attestation of Voluntariness: An affirmation that both parties enter into and continue the arrangement voluntarily and are not forced, coerced, or otherwise incapable of making the statement.
Acknowledgment of Existing Marriage (If Applicable): If one partner is still legally married, the affidavit might (though not always) acknowledge that marriage but clarify that the spouses are separated de facto. Some forms even require a statement that the parties understand the legal ramifications of living together despite the still-existing marriage.
Signature and Notarization: Most institutions require notarized affidavits, meaning they must be signed in front of a notary public, with government-issued identification presented as proof of identity.

5. Legal Effects and Enforceability

Limited Use in Court
- An affidavit is merely one piece of evidence. It can be used in legal proceedings to prove that two individuals are cohabiting or that they voluntarily attested to certain facts.
- It does not create or dissolve marriages, nor does it automatically affect property relations.
- Courts can still inquire beyond the four corners of the affidavit to determine the legality of a relationship or the ownership of property.
Affidavit vs. Annulment vs. Legal Separation
- An affidavit of cohabitation does not equate to annulment or legal separation. The only ways to sever a legally valid marriage in Philippine law are through:
  1. Declaration of Nullity (void marriage from the beginning).
  2. Annulment (voidable marriage).
  3. Legal separation (does not end the marriage but allows separation of bed and board).
  4. Recognition of a valid foreign divorce (in limited cases, especially if the spouse is a foreign national).
- If a person is still legally married, the live-in relationship remains extramarital, and the affidavit does not cure that fact.
No Guarantee Against Complaints
- Even if an affidavit is executed with the knowledge of all parties, the existing legal spouse, family members, or other interested parties could still file criminal or civil complaints, depending on the circumstances.
- The affidavit might serve as evidence in such cases, but it could also be used adversely to show acknowledgment of an extramarital cohabitation.

6. Key Takeaways

No Official Nationwide “Affidavit Requirement”
- Philippine law does not provide a singular, uniform affidavit specifically required for a live-in arrangement. Different offices or LGUs may have their own forms or guidelines.
Highly Variable Usage
- Whether or not an affidavit of live-in arrangement is required depends on the purpose: local government certification, immigration, property transactions, etc. Always verify with the office or institution requesting documentation.
Significant Legal Consequences
- A live-in arrangement where one party is still legally married entails potential risks—criminal (adultery or concubinage) and civil (property disputes, inheritance issues).
- An affidavit, while it can serve documentary purposes, does not “legalize” the arrangement or protect against criminal or civil liabilities.
Consult with a Lawyer
- Because of the sensitive nature of extramarital cohabitation in the Philippines—where divorce is largely unavailable and extramarital relationships can invite criminal complaints—any person considering or currently in such a situation should consult a licensed attorney.
- A lawyer can advise on the legality of specific documents, the risk of possible lawsuits, and any potential strategies for securing rights (e.g., property rights, inheritance, or child support) consistent with Philippine law.
Careful Drafting
- If you do need an affidavit for a live-in arrangement (e.g., for an embassy requirement or other administrative process), it should be drafted carefully, with accurate statements of fact. Inaccurate information could expose the affiants to potential liability for perjury.

7. Final Words

While “affidavits of live-in arrangement” or “affidavits of cohabitation” do exist in practice, especially for administrative, immigration, or property-related matters, there is no universal or mandatory requirement under Philippine law to execute one simply because two people choose to cohabit. For those still legally married, executing an affidavit acknowledging a new live-in relationship can come with serious legal and social implications.

Given the complexity of Philippine family and criminal law regarding marriage and extramarital relationships, anyone in this situation should seek personal legal counsel. A knowledgeable attorney can guide you on the best course of action, help draft documents properly, and explain the potential risks to ensure you are protected under the law.