In the Philippine legal and administrative framework, the Affidavit of Support and Guarantee (ASG) is a critical document designed to curb human trafficking, illegal recruitment, and the proliferation of undocumented workers. It serves as a formal undertaking by a sponsor—usually a relative or a legitimate entity—to shoulder the financial responsibilities of a Filipino national traveling abroad.
Under the guidelines issued by the Bureau of Immigration (BI) and the Department of Justice (DOJ), the ASG is primarily required for travelers departing on a tourist visa who are being sponsored by a person residing overseas.
I. Purpose and Legal Nature
The ASG is more than a mere formality; it is a notarized or authenticated legal instrument where the affiant (the sponsor) declares under oath their financial capacity and commitment to provide for the traveler.
The primary objectives are:
- To ensure the traveler will not become a "public charge" (a burden on the host country's government).
- To guarantee the traveler's return to the Philippines upon the expiration of their visa.
- To verify the relationship between the traveler and the sponsor to prevent "escort" services or human trafficking.
II. Who Can Be a Sponsor?
While policies can be strict, a sponsor generally falls into one of two categories:
- Relatives within the Fourth Civil Degree of Consanguinity or Affinity: This includes parents, children, siblings, grandparents, aunts/uncles, first cousins, and in-laws.
- Non-Relatives or Legal Entities: Sponsorship by non-relatives (fiancés, friends, or employers) is subject to much higher scrutiny by Bureau of Immigration officers and often requires additional proof of a legitimate relationship or bond.
III. Essential Components of the Affidavit
A valid ASG must contain specific declarations to be considered sufficient by Philippine immigration authorities. These include:
- Affiant’s Information: Full name, address, citizenship, and legal status in the destination country.
- Traveler’s Information: Full name, passport details, and relationship to the sponsor.
- Financial Undertaking: A clear statement that the sponsor will cover airfare, accommodation, food, and medical expenses.
- Guarantee of Return: A commitment that the traveler will not seek employment abroad and will return to the Philippines on a specified date.
- Proof of Income: Often attached to the affidavit (e.g., pay slips, tax returns, or bank statements).
IV. Procedure for Filing and Authentication
The process for filing an ASG depends on where the sponsor is currently located:
1. If the Sponsor is Overseas
The sponsor must execute the document at the Philippine Embassy or Consulate having jurisdiction over their place of residence. This is known as Consularization.
- The document will bear the seal of the Philippine foreign service post.
- Electronic or scanned copies are often rejected at the airport; the traveler should carry the original, red-ribboned (or apostilled/authenticated) version.
2. If the Sponsor is in the Philippines
If the sponsor is a resident of the Philippines (e.g., a parent sponsoring a child’s trip), the document must be:
- Subscribed and sworn to before a Notary Public.
- In some cases, it may require a Certificate of Authority for a Notarial Act (CANA) from the Regional Trial Court to prove the notary’s commission is valid.
V. Common Grounds for Scrutiny or Denial
Possessing an ASG does not guarantee departure. The Bureau of Immigration exercises "Secondary Inspection" if certain red flags are raised:
- Inconsistent Statements: If the traveler’s answers regarding their relationship with the sponsor do not match the affidavit.
- Financial Incapacity: If the sponsor’s proof of income appears insufficient for the cost of living in the destination country.
- Doubtful Relationship: Sponsorship by "friends" or "distant relatives" often triggers deeper investigation into potential illegal recruitment.
- Lack of Proof of Ties: The traveler must still prove "strong ties" to the Philippines (e.g., employment certificate, property titles, or enrollment records) to show they have a reason to return.
VI. Important Documentation to Supplement the ASG
To bolster the validity of the ASG during immigration departure formalities, travelers are advised to carry:
- Proof of Relationship: Birth certificates or marriage contracts (PSA-issued) to establish the link between sponsor and traveler.
- Sponsor’s Documents: Copies of the sponsor’s passport, visa/residence permit, and work contract.
- Itinerary: A copy of the round-trip flight booking and hotel reservations.
VII. Legal Implications of False Statements
Executing an ASG is an act under oath. Any person who provides false information or forged documents may be liable for Perjury under the Revised Penal Code of the Philippines. Furthermore, if the sponsorship is found to be a cover for illegal recruitment, the affiant may be prosecuted under the Migrant Workers and Overseas Filipinos Act (R.A. 8042) as amended.