Obtaining a Notarized “Affidavit of Low Income on Behalf of Parents” in the Philippines
(Practical guide and legal analysis as of 11 June 2025)
1. What the Document Is and Why It Matters
An Affidavit of Low Income (ALI)—sometimes called an Affidavit of Indigency—is a sworn declaration that the affiant’s household income is below a threshold set by the government program, school, hospital, court, or agency that is requesting the form. When executed “on behalf of parents,” the affiant (usually an adult child) attests to the parents’ meagre earnings so the family can:
- Qualify for scholarships, tuition discounts, dorm fee waivers, or CHED/UniFAST subsidies.
- Secure PhilHealth indigent membership or charity ward admission in government hospitals.
- Avail of DSWD social protection programs (e.g., AICS, 4Ps).
- File as pauper litigants to avoid legal fees (Rule 141 §19, Rules of Court).
- Obtain court-appointed counsel (Rule 138-A, Free Legal Assistance Act of 2023).
- Explain inability to pay immigration fees (for OFWs), DFA authentication, or visa applications.
Because the affidavit becomes an official record once notarized, it must be truthful and complete; perjury under Art. 183 of the Revised Penal Code is punishable by up to six years in prison.
2. Legal Framework and Key Rules
| Topic | Primary Source or Authority | Practical Take-Away |
|---|---|---|
| Affidavits in general | Art. 1318 Civil Code (consent, object, cause) & Rules of Court (Rule 132 §20) | A sworn statement is admissible evidence if properly executed and notarized. |
| Notarization | 2004 Rules on Notarial Practice; Code of Professional Responsibility and Accountability 2023 | Personal appearance, competent proof of identity, complete jurat, and entry in the notarial register are mandatory. |
| Representation | Civil Code arts. 1315, 1318 (capacity & consent); Special Power of Attorney (SPA) requirements in Art. 1878 | If the child signs for the parents, bring an SPA or written authority; if the child signs about facts personally known, an SPA is optional but still recommended. |
| Documentary-stamp tax (DST) | Sec. 188, 1997 NIRC; BIR Rev. Reg. 4-2000 | Pay ₱30 DST per original if the notary is a lawyer; some LGU notaries include DST in their fee. |
| False swearing | Art. 183, Rev. Penal Code; Art. 171 (falsification) | Incorrect data or forged signatures expose both affiant and notary to criminal liability. |
3. Who May Execute the Affidavit
| Scenario | Who Signs | Extra Requirement |
|---|---|---|
| Parents can appear | Father or mother signs as the affiant(s). | Government-issued ID each. |
| Adult child appears about parents’ income | Child signs as affiant, narrating facts “of personal knowledge.” | Bring child’s ID, birth certificate (to prove relationship), and preferably parents’ consent letter or SPA. |
| Adult child signs for parents (signature proxy) | Child signs twice (“per authority” and as witness). | SPA notarized in advance, granting authority to sign. |
Tip: Because many agencies do not scrutinize whether the affiant is “for” or “about” the parents, the safer, legally cleaner option is to carry an SPA or at least a signed Authorization Letter with photocopies of the parents’ IDs.
4. Minimum Documentary Requirements
Draft affidavit (see Section 5 template).
Barangay Certificate of Indigency for each parent (or a joint one).
Proof of no income / low income—any of:
- BIR Certificate of Non-Filing of ITR (Tax Clearance Unit).
- Latest ITR or payslips showing income below program threshold.
- SSS pension statement (for elderly parents).
IDs (affiant and parents).
Relationship proof (PSA birth certificate of the child or local civil registrar copy).
Community Tax Certificate (CTC/Cedula)—for the jurat entry.
₱30 DST stamp or electronic documentary stamp.
Agencies occasionally still demand a DSWD Social Case Study Report or LGU Social Welfare Office assessment—prepare in advance for scholarship or hospital uses.
5. Standard Affidavit Structure
Title: “Affidavit of Low Income (Executed by [Name] on Behalf of Parents)” Caption: Republic of the Philippines) City/Province of ______) S.S. Opening Paragraph: Introduce affiant’s full name, age, civil status, citizenship, residence, and government ID number. Narration of Facts:
- Relationship to parents (name, age, address).
- Parents’ current employment/occupation (e.g., “tricycle driver,” “housewife”).
- Declaration that combined monthly income does not exceed ₱____ (specify amount or “minimum wage for ___ region”).
- Brief reason for executing the affidavit (e.g., scholarship, medical assistance). Statement of Truth: “I execute this affidavit to attest to the truth of the foregoing facts and for whatever legal purpose it may serve.” Signature block: Affiant signs above printed name. Jurat: Notarial wording (“SUBSCRIBED AND SWORN to before me…”), notary’s signature and seal, roll number, PTR, IBP, MCLE, and notarial commission number, plus photocopy details of IDs.
6. Step-by-Step Procedure
| Step | What to Do | Common Pitfalls |
|---|---|---|
| 1 – Draft | Type the affidavit in clear, legible font; leave blank spaces for dates and amounts if unsure until signing. | Using vague language (“low income” without figures) can cause rejection. |
| 2 – Attach DST | Buy a ₱30 documentary stamp (or ask the notary). | Affixing after notarization violates BIR rules—put it on before you sign. |
| 3 – Appear Before Notary | Bring original IDs and supporting papers. Affiant signs in the notary’s presence. | “Pre-signed” documents are invalid. |
| 4 – Notarial Entry | Check if notary wrote the document number, page, and book in the margin. | Unscrupulous notaries may skip the register to save time; this can void the affidavit. |
| 5 – Photocopy | Make at least three certified photocopies: one for the agency, one for yourself, one spare. | Some agencies insist on the wet-ink original. |
7. Costs and Typical Timelines
| Item | Typical Cost (Metro Manila) | Lead Time |
|---|---|---|
| Notarial fee (simple affidavit) | ₱150 – ₱300 | 15 min. |
| SPA (if needed) | ₱350 – ₱600 | 30 min. |
| Barangay Indigency cert. | ₱50 – ₱100 | Same day |
| BIR “No ITR” certificate | Free but needs ₱25 doc stamp | 1 – 3 days |
| DFA Apostille (if sending abroad) | ₱100 (reg) / ₱200 (expedite) | 3 – 7 days |
8. Validity and Renewal
There is no statutory expiry for an affidavit, but most receiving offices treat it as stale after three to six months. Check the target program’s guidelines; scholarship applications sometimes require an affidavit dated within the current academic year, while hospitals may accept one up to a year old when bundled with up-to-date Barangay certificates.
9. Common Uses and Specific Notes
| Use Case | Special Requirement |
|---|---|
| CHED UniFAST/RA 10931 “Free Tuition” | Provide ALI + Barangay Indigency + BIR non-filing cert. |
| DOST Scholarship | ALI must match declared income bracket on Form C; misdeclaration can void grant. |
| PhilHealth Indigent Category | LGU MSWDO confirmation may override a simple ALI. |
| Court filing as pauper litigant | Attach ALI to Motion to Litigate as Indigent (Rule 141). |
| Overseas visa sponsorship | Apostille or consular authentication required; some embassies ask for bank statements despite ALI. |
10. Risks, Liabilities, and Ethical Issues
- Perjury & Falsification: Up to 6 years’ imprisonment, possible disqualification from public office (Art. 183, 171 RPC).
- Notarial Misconduct: The notary’s commission may be suspended; documents may be declared void; client may lose benefits.
- Administrative Sanctions: Scholarship benefits may be canceled with clawback; PhilHealth may charge retroactive premiums.
- Data Privacy: Affidavit contains personal data—use it only for stated purpose under the Data Privacy Act of 2012.
11. Best-Practice Checklist
- □ Use a specific peso amount or refer to regional minimum wage.
- □ Bring two valid government IDs (affiant).
- □ Attach parents’ IDs or photocopies—even if they do not sign.
- □ Print on standard A4; some agencies reject long bond paper.
- □ Affix the DST before signing.
- □ Double-check name spellings against IDs/Birth Certificates.
- □ Scan a PDF copy; many schools now allow e-submission.
- □ Prepare an SPA if parents cannot appear—bring them to sign beforehand, or use an e-notary if allowed in your locality.
12. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Can a minor child sign? | No. Affiant must be at least 18. Parents, guardians, or a duly authorized adult relative must sign. |
| Does the affidavit alone prove indigency? | Not always. Agencies can still verify income with BIR, LGU, or DSWD records. |
| Is a barangay certificate enough? | Some schools accept it, but most government offices still require a notarized affidavit. |
| Can I use a single affidavit for multiple siblings’ applications? | Yes—state that it is “for the benefit of my children [names]” and photocopy it, but some offices may still request individual affidavits. |
| What if one parent has no ID? | Explain in the body (e.g., “My mother, Maria Dela Cruz, 62, is without valid ID. I attach her Barangay Certification instead.”). |
13. Conclusion
A Notarized Affidavit of Low Income executed on behalf of one’s parents is straightforward but must meet strict formalities: accurate data, valid authority to speak for your parents, proper notarization, and complete supporting documents. Observing these requirements not only speeds up processing for scholarships, medical aid, or court fee waivers—it also shields you and your family from criminal liability and delays. Draft carefully, appear personally, and treat every sworn word as if under oath—because it is.