Introduction

An Affidavit of Relationship is a legal document commonly used in the Philippines to formally declare and attest to the existence of a familial or personal relationship between two or more individuals. This sworn statement serves as evidentiary support in various administrative, judicial, and immigration proceedings. It is essentially a written testimony under oath, where the affiant (the person making the affidavit) provides details about the relationship, backed by their personal knowledge. In the Philippine legal system, such affidavits are crucial for establishing facts that may not be readily verifiable through official records, especially in cases involving family ties, inheritance, or international matters.

This document is not a standalone proof but often supplements other evidence, such as birth certificates, marriage records, or photographs. It must be executed with utmost honesty, as false statements can lead to perjury charges under Philippine law. The preparation of an Affidavit of Relationship requires adherence to specific formalities to ensure its validity and admissibility in courts or government agencies.

Legal Basis and Framework

The preparation and use of affidavits in the Philippines are governed by several key laws and regulations:

Revised Penal Code (Act No. 3815): Article 183 penalizes perjury for making false statements in affidavits, with penalties including imprisonment or fines.
Notarial Law (Act No. 2711, as amended): Affidavits must be notarized by a licensed notary public to be considered authentic. Notarization involves the affiant appearing personally before the notary, acknowledging the document, and swearing to its truthfulness.
Civil Code of the Philippines (Republic Act No. 386): Pertains to family relations (Articles 164–257), which often form the basis for affidavits attesting to kinship, such as parent-child, sibling, or spousal relationships.
Rules of Court (1997 Rules of Civil Procedure): Rule 132, Section 26, allows affidavits as evidence in certain proceedings, provided they meet authenticity requirements.
Administrative Orders from the Supreme Court: Such as A.M. No. 02-8-13-SC (2004 Rules on Notarial Practice), which outlines the duties of notaries, including verifying the identity of the affiant and ensuring the document's integrity.
Immigration and Visa Regulations: For purposes like family reunification visas, the Bureau of Immigration (BI) and the Department of Foreign Affairs (DFA) may require such affidavits, aligned with Republic Act No. 8042 (Migrant Workers Act) or international agreements.

In addition, if the affidavit is intended for use abroad (e.g., for U.S. visa applications involving Filipino relatives), it may need authentication or apostille under the Hague Apostille Convention, to which the Philippines is a party since 2019. This process involves certification by the DFA.

Purposes and Common Uses

Affidavits of Relationship are versatile and serve multiple functions within the Philippine context:

Immigration and Visa Applications: Often required to support petitions for family-based visas, such as those under the U.S. Immigration and Nationality Act or similar programs in other countries. For instance, a Filipino sponsor might use it to prove relationship to a beneficiary for a K-1 fiancé visa or family reunification.
Civil Registry Amendments: To correct or amend entries in birth, marriage, or death certificates under Republic Act No. 9048 (Civil Registration Law). An affidavit might attest to a person's true relationship if official records are erroneous or incomplete.
Inheritance and Succession: In probate proceedings or extrajudicial settlements (under Articles 777–816 of the Civil Code), affidavits help establish heirship, especially for illegitimate children or distant relatives without clear documentation.
Adoption Proceedings: As per Republic Act No. 8552 (Domestic Adoption Act), affidavits may confirm biological relationships or consent from relatives.
Social Security and Benefits Claims: For agencies like the Social Security System (SSS) or Government Service Insurance System (GSIS), to claim death benefits or pensions by proving dependency or kinship.
School Enrollment or Scholarships: Some educational institutions require affidavits to verify guardianship or family ties for enrollment of minors.
Employment or Overseas Work: Overseas Filipino Workers (OFWs) might need them for dependent visas or to include family members in benefits packages.
Legal Disputes: In family court cases involving custody, support, or annulment (under the Family Code, Republic Act No. 9262), affidavits provide testimonial evidence of relationships.

It's important to note that while these affidavits are widely accepted, their weight as evidence depends on the corroborating documents and the credibility of the affiant.

Essential Contents of the Affidavit

A well-drafted Affidavit of Relationship should be clear, concise, and factual. There is no rigid template mandated by law, but it typically includes the following elements:

Heading: "Republic of the Philippines" followed by the city or province, and "SS." (for "Subscribed and Sworn to").
Affiant's Personal Details: Full name, age, civil status, residence, and relationship to the parties involved.
Statement of Relationship: Detailed description of the relationship (e.g., "I am the biological mother of [Name], born on [Date] in [Place]"). Include how the affiant knows this (e.g., personal knowledge, family records).
Supporting Facts: Dates of birth, marriage, or other relevant events; places; and any anecdotal evidence (e.g., shared residences, family gatherings).
Purpose Clause: A statement explaining why the affidavit is being made (e.g., "for the purpose of supporting a visa application").
Oath Clause: Affirmation that the statements are true and correct, with awareness of perjury penalties.
Signature and Notarization Block: Space for the affiant's signature, notary's seal, commission details, and doc. no./page no./book no./series.

Additional attachments, such as photocopies of IDs, birth certificates, or photos, can strengthen the affidavit but are not always required.

Step-by-Step Guide to Preparation

Preparing an Affidavit of Relationship involves the following steps:

Determine the Need: Identify the specific purpose and consult relevant agencies or legal counsel to ensure the affidavit meets their requirements.
Gather Information: Collect accurate details about the individuals involved, including full names, dates, and places. Verify facts to avoid inconsistencies.
Draft the Document: Use simple, straightforward language. Avoid legal jargon unless necessary. The affidavit should be typewritten on legal-sized paper (8.5 x 13 inches) or A4, with 1-inch margins and double-spaced text.
Review for Accuracy: Double-check for errors. If multiple affiants are involved (e.g., two witnesses), ensure consistency across statements.
Execute the Affidavit:
- Appear before a notary public.
- Present valid identification (e.g., passport, driver's license).
- Swear or affirm the contents.
- Pay notarial fees (typically PHP 100–500, depending on location).
Authentication if Needed: For international use, submit to the DFA for red ribbon or apostille (fees apply, processing time 1–5 days).
Submission: File with the requiring agency, keeping copies for records.

Non-lawyers can draft their own affidavits, but consulting a lawyer is advisable for complex cases to ensure compliance.

Notarization Requirements

Notarization is mandatory for validity. Under the 2004 Notarial Rules:

The affiant must personally appear and be identified.
The notary must explain the document and ensure voluntary execution.
Notaries are prohibited from notarizing documents where they have a personal interest.
The notary's commission must be current; expired commissions invalidate the act.

In rural areas, barangay captains or judges may act as notaries ex officio for simple affidavits.

Sample Format

Below is a basic template for an Affidavit of Relationship:

AFFIDAVIT OF RELATIONSHIP

REPUBLIC OF THE PHILIPPINES
CITY/MUNICIPALITY OF [Location] ) S.S.

I, [Full Name], of legal age, [civil status], Filipino, and a resident of [Address], after having been duly sworn in accordance with law, do hereby depose and state:

That I am the [relationship, e.g., father] of [Related Person's Full Name], who was born on [Date] in [Place];
That my knowledge of this relationship is based on [explain, e.g., personal involvement in birth and upbringing];
That [additional facts, e.g., we have lived together as a family since birth];
That this affidavit is executed for the purpose of [state purpose, e.g., supporting a family visa application];
That I am executing this affidavit to attest to the truth of the foregoing facts and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this [Date] at [Location].

[Signature]
[Affiant's Name]

SUBSCRIBED AND SWORN to before me this [Date] at [Location], affiant exhibiting to me his/her [ID Type and No.], issued on [Date] at [Place].

Doc. No. ___;
Page No. ___;
Book No. ___;
Series of [Year].

[Notary Public's Name and Signature]
Notary Public until [Expiration Date]
PTR No. [No.], [Date/Place]
IBP No. [No.], [Date/Place]

Common Mistakes and Pitfalls

Inaccurate Information: Leads to rejection or legal issues. Always verify details.
Lack of Specificity: Vague statements weaken the affidavit's evidentiary value.
Improper Notarization: Remote or online notarization is not generally allowed; personal appearance is required.
False Declarations: Punishable by up to 6 years imprisonment for perjury.
Missing Purpose: Without a clear purpose, the affidavit may be deemed irrelevant.
Over-Reliance: Affidavits alone may not suffice; pair with primary documents.
Cultural Considerations: In the Philippines, extended family ties (e.g., cousins as "siblings") should be clarified to avoid misrepresentation.

Validity and Duration

An Affidavit of Relationship does not expire but may lose relevance if circumstances change (e.g., death, divorce). It remains valid as long as the facts attested to are true. For ongoing processes, fresh affidavits may be requested.

Special Considerations

For Minors: If the affiant is a minor, a guardian must assist, and additional consents may be needed.
Multiple Affiants: Joint affidavits are possible but each must swear individually.
Language: Must be in English or Filipino; translations require notarized certification.
Costs: Drafting (free if self-done), notarization (PHP 100+), authentication (PHP 100–200 per document).
Electronic Affidavits: Under Republic Act No. 8792 (E-Commerce Act), electronic notarization is emerging but not yet standard for affidavits.

Conclusion

Preparing an Affidavit of Relationship in the Philippines is a straightforward yet critical process that demands accuracy, honesty, and compliance with legal formalities. It bridges gaps in official documentation, facilitating various personal and legal objectives. While accessible to laypersons, seeking professional legal advice ensures the document's effectiveness and avoids potential pitfalls. By understanding its components and uses, individuals can navigate family-related legal matters with greater confidence.