How to Obtain a Cohabitation Certificate (also called an Affidavit of Cohabitation) from a Lawyer in the Philippines
Quick context: In Philippine practice there is no government-issued “Cohabitation Certificate.” Instead, what employers, embassies, banks, SSS/GSIS, PhilHealth, Pag-IBIG, or insurers usually require is a notarized Affidavit of Cohabitation (AoC)—a sworn statement by both partners (or by one, depending on the requesting party) affirming that they have been living together as husband-and-wife (or as common-law partners) for a stated period. The affidavit becomes a public document once notarized, which is why you must secure it through a duly commissioned Philippine notary public (almost always a practicing attorney).
1. Legal Foundations
| Source | Key Points |
|---|---|
| Family Code, Art. 147 & 148 | Recognises property relations and children’s status of couples “living together as husband and wife without a valid marriage.” |
| Rules on Notarial Practice (2004, as amended) | Sets the formalities for notarizing affidavits; a notary is always a lawyer in good standing. |
| Civil Code, Art. 131 & 132 | Define affidavits as “voluntary declarations of facts written down and sworn to before an officer authorized to administer oaths.” |
These provisions make a notarized AoC an acceptable proof of cohabitation for private or administrative purposes. It does not create a marriage, but it is frequently used as supporting evidence for benefits, visa petitions, survivorship claims, or property transfers.
2. Who Can Issue & Where to Secure It
| Issuer | Role/Authority | Usual Location |
|---|---|---|
| Notary Public (Attorney-at-Law) | Drafts or reviews the affidavit, administers the oath, notarizes, and enters it in the notarial register. | Law offices, individual lawyers, municipal halls, some city/municipal trial courts. |
| Barangay Captain | May attest to “Certification of Cohabitation” for local social-welfare purposes, but this is not a substitute for a notarized affidavit when banks or embassies require one. | Barangay Hall. |
| Phil. Consulate or Embassy Notary Section | For Filipinos abroad who need an AoC usable in PH; follows the same notarial rules then attaches a red-ribbon/Apostille. | Consular premises; service fees vary by post. |
3. Basic Eligibility & Typical Documentary Requirements
| Requirement | Notes |
|---|---|
| Both partners of legal age | Each must be at least 18 years old under Art. 5, Family Code. |
| At least one (1) valid government-issued photo ID each | Passport, PhilID, UMID, driver’s license, Voter’s ID, etc. |
| Proof of shared residence (often optional but helpful) | Barangay Certificate of Residency, utility bills, lease contract, or deed of sale listing both names or address. |
| Birth certificates of children (if any) | Demonstrates the length and authenticity of the union. |
| Community Tax Certificate (CTC/cedula) | Some notaries ask for it for the jurat portion. |
| Personal appearance | Both affiants must sign in the notary’s presence unless one executes a Special Power of Attorney (SPA). |
Tip: Ask the requesting agency for exact wording or any additional forms (e.g., SSS “CS Form CLD-09403”). Bring those when you see the lawyer.
4. Step-by-Step Procedure
| Step | What Happens | Practical Advice |
|---|---|---|
| 1️⃣ Drafting the Affidavit | You may write it yourself or have the attorney draft it. Content usually includes: • Names, citizenship, civil status, address • Statement of continuous cohabitation (with start date—e.g., “since 15 June 2016”) • Purpose (e.g., “for PhilHealth dependency”) • Statement that both are not married to anyone else (if true) • Signatures over printed names. |
Bring a soft copy for quicker edits. |
| 2️⃣ Review & Identification | The lawyer verifies identities & voluntariness. | Show IDs; ensure names/spellings match IDs. |
| 3️⃣ Oath-Taking & Signing | You both swear to the truth of the statements before the notary and sign each page. | Sign only in front of the notary. |
| 4️⃣ Notarial Certification | The notary affixes their seal & signature, enters details in the notarial register, and issues the original notarized copy. | Ask for at least two originals; photocopies can be “certified true” later. |
| 5️⃣ Release & Payment | Pay notarial fees (₱200 – ₱1,000+ in Metro Manila; consulates charge US$25–30). | Request an Official Receipt (OR). |
Processing is same-day unless the lawyer has a queue.
5. Fees & Validity
| Item | Typical Range | Notes |
|---|---|---|
| Notarial fee (law office) | ₱200 – ₱500 (provincial) ₱300 – ₱1,000+ (Metro Manila) |
Regulated by Integrated Bar of the Philippines (IBP) Chapter schedules. |
| Barangay Certificate of Residency | ₱25 – ₱100 (if needed) | Not always needed. |
| Embassy/Consulate notarization | US$25–30 | Apostille fee may be separate. |
There is no statutory expiration, but agencies often require an affidavit dated within the last 3–6 months.
6. Common Uses
- SSS, GSIS, PhilHealth, Pag-IBIG dependency or survivorship claims
- Bank beneficiary designation or release of deposit
- Visa applications (e.g., recognition of common-law partnership in Canada, Australia, EU)
- Transfer of real property or vehicle ownership to cohabiting partner
- Enrollment of health insurance or HMO dependents
- Probate or intestate settlement as proof of union and children’s legitimacy status
7. Sample Outline (for reference only)
REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ______ ) S.S.
AFFIDAVIT OF COHABITATION
We, _____________, Filipino, single/married, of legal age, and _____________,
Filipino, single/married, of legal age, both presently residing at
_____________________, after having been duly sworn in accordance with law,
hereby depose and state THAT:
1. We have been living together as husband and wife continuously, publicly,
and exclusively since ___(date)___ at the above-stated address;
2. We are not married to any other person, nor have we entered into any
relationship disqualifying us from such union;
3. This affidavit is executed to attest to the truth of the foregoing
facts and for purposes of _______________ (e.g., filing a survivorship
claim with the Social Security System).
IN WITNESS WHEREOF, we have hereunto set our hands this ___ day of
________ 20___ in _____________, Philippines.
[Signatures over printed names of both partners]
SUBSCRIBED AND SWORN to before me this ___ day of ______ 20___ in
__________, Philippines. Affiants exhibited to me their competent
evidence of identity as follows:
Name: _____________ ID No./Issued On: ___________
Name: _____________ ID No./Issued On: ___________
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of 20___.8. Frequently Asked Questions
| Question | Answer |
|---|---|
| Can one partner sign alone? | Some agencies allow a single-signatory affidavit if accompanied by the absent partner’s SPA or if the requiring office provides its own one-party form. |
| Is this equivalent to marriage? | No. It merely proves cohabitation; it does not create marital rights such as legitime or use of the husband’s surname. |
| What if we later marry? | The affidavit becomes moot; replace it with your PSA marriage certificate. |
| Can we use a barangay certificate instead? | Some local schools or clinics accept it, but banks, embassies, and national agencies nearly always require a notarized document. |
| Are same-sex partners covered? | Philippine law does not recognize same-sex marriage, but agencies that accept proof of “domestic partnership” sometimes still honor an AoC if duly notarized. Check the requesting office’s policy. |
| What if we lied? | A false affidavit exposes affiants to criminal liability for perjury under Art. 183, Revised Penal Code (prison correccional & fine). |
9. Practical Tips & Best Practices
- Specify the exact start-date of cohabitation; if unsure, state “on or about” then the month/year.
- Use consistent addresses on the affidavit and supporting bills/IDs.
- Keep multiple originals; notarized copies cannot be re-printed without another notarization.
- Translate or legalize for international use: obtain a DFA Apostille (₱100 in PH) or consular authentication abroad.
- Check the notary’s authority: The lawyer’s notarial commission should be valid for the province/city where the oath is administered.
10. Key Take-Aways
- In the Philippines, proof of common-law partnership is done through a notarized Affidavit of Cohabitation, sometimes branded informally as a “Cohabitation Certificate.”
- Preparation is straightforward: gather IDs, draft the affidavit, appear before a notary public, swear, sign, and pay the fee.
- The document carries legal weight for administrative and private-sector purposes but does not substitute for marriage under Philippine law.
- Always tailor the affidavit’s wording to the needs of the agency requesting it, and consult a Philippine-licensed lawyer for complex situations (e.g., property transfers, foreign visa sponsorship, disputes).
This article is for general informational purposes only and does not constitute legal advice. Laws and administrative requirements change; consult a qualified Philippine attorney or the relevant government agency for up-to-date guidance on your specific case.