Obtain Affidavit of Support in the Philippines

Updated for general doctrinal rules and common practice. This is general information, not legal advice.


1) What is an “Affidavit of Support”?

An Affidavit of Support (AOS)—often styled Affidavit of Support and Undertaking/Guarantee/Consent—is a notarized sworn statement where a sponsor promises to shoulder specified expenses (e.g., travel, lodging, tuition, living costs, medical and repatriation) for a beneficiary. It is widely used for:

  • Visa applications (foreign embassies/consulates may ask for it to prove financial backing).
  • Outbound travel of minors (paired with parental consent or DSWD travel clearance).
  • Inbound visitors/foreign spouses/relatives (to show financial support or a guarantee).
  • School or scholarship purposes (sponsor of a student).
  • Corporate or NGO sponsorships for trainees, interns, or delegates.

Key point: An AOS is a private undertaking, not a government-issued document. Its legal force arises from oath + notarization + contract principles, and from the regulator/agency or foreign mission requiring it as part of their documentary checklist.


2) Legal foundations and how an AOS works

  • Civil Code principles

    • Freedom of contract (Art. 1306), subject to law, morals, and public policy.
    • Obligations and undertakings may be enforced when consent, object, and cause are present.
  • Rules on Notarial Practice (RNP)

    • A valid jurat requires personal appearance, competent evidence of identity, and the notary’s seal, commission details, and venue/date.
    • Notarization converts a private document into a public document, enjoying presumptive regularity.
  • Evidentiary use

    • An affidavit is hearsay if affiant is unavailable for cross-exam in judicial proceedings; however, it regularly suffices in administrative contexts (visa, immigration, school, HR).
  • International use

    • For documents to be used abroad, authorities generally require apostille (for Hague Convention countries) or consularization (for non-Apostille jurisdictions).

3) When exactly do you need one?

  1. Visa or residence applications abroad where you, as sponsor in the Philippines, guarantee a traveler’s support.
  2. Minors traveling abroad without both parents (commonly, AOS combined with Parental Consent and DSWD clearance, depending on circumstances).
  3. Foreign nationals visiting/remaining in the Philippines whose host commits to support and, if needed, repatriation.
  4. Students/trainees funded by a parent, relative, employer, or benefactor for tuition and living expenses.
  5. Medical treatment travel, where a relative or NGO guarantees expenses and post-care.

Always read the requesting authority’s checklist: titles and exact language (“Support and Undertaking” or “Support and Guarantee”) may vary.


4) Who can execute an AOS?

  • Individuals (citizen or resident) with capacity to contract.
  • Companies/NGOs through an authorized signatory (attach board/secretary’s certificate or SPA).
  • Overseas sponsors (Filipinos or foreigners) may execute abroad—then apostille/consularize for use in the Philippines or another country.

Financial capacity should be credible. Typical evidence: bank certificates/statements, pay slips, Certificate of Employment/Compensation, ITR, business permits/FS, or pension proof.


5) Core elements of a robust AOS

A well-drafted affidavit should include:

  1. Title: “Affidavit of Support and Undertaking” (or the exact title the agency requests).
  2. Affiant details: full name, nationality, civil status, birthdate, address, government ID details.
  3. Beneficiary details: full name, passport/birth certificate data, relationship to affiant.
  4. Purpose & scope: travel/visa/study/medical; specify what expenses are covered (transport, board and lodging, tuition, living allowance, travel insurance, medical, repatriation, overstay fines).
  5. Duration: fixed dates or linked to visa validity/program.
  6. Undertakings: to maintain beneficiary, ensure no public charge, comply with host-country/Philippine laws, inform the authority of material changes.
  7. Supporting documents: list of attached proofs of identity, relationship, and financial capacity.
  8. Governing law & venue: if enforcement is contemplated in PH courts, pick a venue (e.g., city where affiant resides).
  9. Oath/Jurat: subscribed and sworn before a commissioned Notary Public, with complete notarial details.

6) Documentary requirements (typical)

  • Affiant: Valid government ID with photo/signature; Tax ID (if cited); proof of address.
  • Proof of capacity: Bank cert/statement, COE with salary, ITR/audited FS, business permits, pension letters.
  • Relationship proof: PSA birth/marriage certificates, affidavits of kinship, photos if requested.
  • Beneficiary travel docs: passport, itinerary, invitation, admission or medical letters.
  • Corporate/NGO sponsors: SEC/DTI papers, board resolution/SPA authorizing signatory.
  • For minors: parental consent, custody documents if applicable; DSWD clearance if required by policy.

Attach certified copies where needed and paginate exhibits.


7) Notarization and authentication

A. If the AOS will be used within the Philippines

  • Notarization by a properly commissioned Notary Public in the province/city where executed.
  • Ensure personal appearance and competent evidence of identity (e.g., passport, UMID, driver’s license).

B. If the AOS will be used abroad

  • Apostille if the destination country is a Hague Apostille member.
  • Consularization by the relevant embassy/consulate if non-Apostille.
  • Translations: If not in the destination country’s official language, secure a sworn translation by a recognized translator and, when required, apostille/consularize the translation.

C. If executed abroad for use in the Philippines

  • Have it notarized in that country and apostilled/consularized there, then present in the Philippines as needed.

8) Tax and financial compliance notes

  • Donor’s tax may be implicated where the sponsor gratuitously provides substantial support. There is an annual net-gift exclusion; amounts above may be taxable depending on relationship and thresholds.
  • Bank Anti-Money Laundering (AMLC) compliance: Large transfers to beneficiaries may trigger KYC and source-of-funds documentation—keep records.
  • No automatic tax deduction for the sponsor unless another rule applies (e.g., corporate training expenses under company policy).

When in doubt on sizable support, get tax advice and keep clean paper trails.


9) Immigration/consular practice pointers

  • Substance over labels: Agencies care about credible capacity and clear commitments more than the document’s exact title—though using their preferred title helps.
  • Include repatriation: Many immigration authorities want the sponsor to guarantee repatriation and overstay penalties, if any.
  • One sponsor vs. multiple sponsors: If joint sponsors, either execute a joint AOS or provide separate AOS with a clear division of responsibility.
  • Originals: Carry the original notarized/apostilled AOS, plus photocopies; some posts keep a copy.

10) Common pitfalls that cause rejections or delays

  • Missing financial proof or insufficient balances relative to the period promised.
  • No clear relationship or vague purpose (e.g., “to travel sometime”).
  • Undated or open-ended commitments with no duration.
  • Wrong venue or defective notarization (no notary seal/roll number/commission expiry).
  • Submitting scans when originals or apostilled copies are required.
  • Inconsistent spellings and passport details; mismatched dates across documents.

11) Step-by-step: How to obtain and use an AOS

  1. Identify the requesting authority (embassy, school, immigration, DSWD) and obtain their exact checklist and preferred template/phrasing.
  2. Gather proofs of identity, relationship, and capacity (bank certs, COE/ITR, PSA docs).
  3. Draft the AOS tailored to purpose (see sample below).
  4. Appear before a Notary with valid ID; sign the AOS in the notary’s presence and pay the fee.
  5. Authenticate: If for use abroad, secure apostille (or consularization) and, if needed, sworn translation.
  6. Compile the packet: AOS + exhibits in order, tabbed/paginated.
  7. Submit to the requesting authority and retain copies of everything.
  8. Update: If circumstances change (sponsor replaced; funding reduced), issue an amended AOS and notify the authority.

12) Special scenarios

A. Minors traveling abroad

  • Prepare an Affidavit of Support and Parental Consent by the parent(s)/legal guardian.
  • Depending on the facts (e.g., minor traveling without parents), obtain DSWD travel clearance and meet airline/immigration documentary requirements.
  • If custody is sole or there’s a deceased/absent parent, attach the court order or death certificate.

B. Foreign spouse/partner visiting the Philippines

  • A local sponsor may provide an AOS with accommodation address, contact details, and a repatriation guarantee; attach IDs, proof of address, and, if applicable, marriage/report of marriage.

C. Students

  • Specify tuition, allowance, housing, and duration (e.g., entire degree program or one academic year), and attach admission/LOA, estimate of expenses, and bank proof.

13) Enforcement and liability

  • An AOS is an enforceable undertaking. If the beneficiary becomes a public charge or incurs debts/penalties covered by the AOS, the sponsor may be pursued civilly by the counter-party relying on the undertaking (subject to privity and local enforcement rules).
  • Many AOS forms include hold-harmless and attorney’s fees clauses—draft carefully.
  • Consider duration and cap on liability (e.g., “up to ₱___ or actual expenses, whichever is lower”).

14) Privacy and data

  • Collect/attach only necessary personal data.
  • Secure consents for sharing beneficiary’s documents where needed.
  • Safeguard passports, IDs, bank docs; redact account numbers except last 4 digits when copies will circulate.

15) Practical drafting tips

  • Use clear amounts or defined categories (e.g., “economy airfare, student housing up to ₱___/month”).
  • Include contact channels (email, mobile, emergency contact).
  • Align dates with flight/term dates; avoid contradictions with the itinerary or I-20/COE/LOA equivalents.
  • If asked, mirror the exact verbiage in the agency’s checklist (e.g., “will not be a public charge,” “will ensure repatriation”).

16) Sample: Affidavit of Support and Undertaking (Philippines)

AFFIDAVIT OF SUPPORT AND UNDERTAKING

I, [Full Name], of legal age, [citizenship], [civil status], with residence at [full address], holder of [ID/Passport No.], after having been duly sworn, state:

  1. That [Full Name of Beneficiary], [relationship], born on [DOB], passport/birth certificate no. [_____ ], will travel to [country/destination] on or about [date] for [purpose: tourism/study/medical visit, etc.].
  2. That I undertake to provide and/or guarantee the following during said travel/stay: [list expenses—airfare, lodging, daily allowance of ₱___/day, tuition, travel insurance, medical care, and, if necessary, repatriation and overstay fines].
  3. That I possess sufficient financial capacity to fulfill this undertaking, as shown by [bank certificate/COE/ITR/business proofs], copies attached as Annexes “A–__”.
  4. That I shall ensure compliance with applicable laws and, if circumstances materially change, promptly inform the concerned authority.
  5. That this undertaking shall be effective from [start date] to [end date/condition], unless earlier revoked by written notice accepted by the concerned authority.

IN WITNESS WHEREOF, I sign this [date] at [City], Philippines.


[Affiant’s Name]

JURAT Subscribed and sworn before me this [date] at [City], affiant personally appeared with [ID type & number], known to me and acknowledged that the foregoing is his/her free and voluntary act.

Notary Public [Name], [Commission No.], [Until], [PTR/IBP/MCLE], [Office Address] Doc. No. ___; Page No. ___; Book No. ___; Series of ___.

Adjust titles/clauses to match the requesting authority’s template and attach all required exhibits.


17) FAQs

Q1: Is a bank certificate mandatory? Not always, but it’s the strongest single-page proof of capacity. Some posts accept bank statements, COE with salary, or tax returns.

Q2: How long is an AOS valid? Until the stated end date or the purpose is achieved. Many authorities prefer it issued close to filing/travel (e.g., within 3 months).

Q3: Can two people co-sponsor? Yes. Use a joint affidavit (both appear before the notary) or separate affidavits that clearly allocate responsibilities.

Q4: Does the sponsor need to be a relative? Not legally, but relationship credibility matters. If not a close relative, explain the connection and attach corroboration.

Q5: If executed abroad, is local notarization enough? Usually no. For cross-border use, secure the apostille (or consularization) and translations as required by the destination country.


18) Quick checklist (printable)

  • Identify requesting authority & template language
  • Draft AOS with clear scope, amounts, duration
  • Prepare IDs, PSA relationship proofs, bank/COE/ITR
  • Notarize (personal appearance; complete notarial block)
  • Apostille/consularize if for use abroad
  • Assemble packet; paginate exhibits; keep originals + copies
  • Submit and monitor application; update if facts change

Closing note

An Affidavit of Support is straightforward when you (1) mirror the requester’s wording, (2) prove financial capacity, and (3) properly notarize/authenticate the document. If you share your scenario (tourist, student, minor, foreign spouse, or corporate sponsorship), the names, dates, and destination, a tailored affidavit and exhibit list can be drafted immediately.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.