Introduction

In the Philippines, affidavits serve as crucial legal instruments for declaring facts under oath, and the Affidavit of Relationship stands out as a specialized document used to affirm familial or personal connections between individuals. This affidavit is rooted in the country's civil law tradition, influenced by Spanish and American legal systems, and is governed by rules on notarization and evidence as outlined in the Rules of Court and relevant statutes. It plays a pivotal role in various administrative, judicial, and immigration processes where proof of kinship or association is required. This article delves comprehensively into the purpose, preparation, legal implications, and practical applications of the Affidavit of Relationship within the Philippine jurisdiction, providing a thorough guide for individuals, legal practitioners, and government officials.

Definition and Nature of an Affidavit of Relationship

An Affidavit of Relationship is a sworn statement executed by an individual (the affiant) to attest to the existence and nature of a relationship between two or more persons. It is not a mere declaration but a formal legal document that carries the weight of evidence in proceedings. Under Philippine law, affidavits are defined in Section 1, Rule 132 of the Revised Rules of Evidence as written declarations made under oath or affirmation before a notary public or other authorized officer.

The affidavit typically includes details such as the names, ages, addresses, and exact nature of the relationship (e.g., parent-child, siblings, spouses, or even non-blood relations like in-laws or adoptive ties). It must be based on personal knowledge, not hearsay, to ensure its admissibility. Unlike certificates issued by government agencies (e.g., birth certificates from the Philippine Statistics Authority or PSA), this affidavit serves as supplementary evidence when official records are unavailable, incomplete, or contested.

Purposes of the Affidavit of Relationship

The Affidavit of Relationship fulfills multiple functions across various sectors in the Philippines, reflecting the importance of family ties in Filipino culture and law. Its primary purposes include:

1. Immigration and Visa Applications

One of the most common uses is in supporting petitions for family-based visas or citizenship. For instance, under the Bureau of Immigration (BI) regulations and in coordination with the Department of Foreign Affairs (DFA), this affidavit is often required for spousal or dependent visas. It helps establish eligibility for family reunification programs, such as those under Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act) for dual citizens sponsoring relatives. In U.S. visa petitions filed through the U.S. Embassy in Manila, it supplements Form I-130 (Petition for Alien Relative) by providing narrative evidence of bona fide relationships, especially in cases of common-law partnerships or adoptions.

2. Passport and Travel Document Processing

The DFA mandates an Affidavit of Relationship for minor passport applicants when parents are abroad or separated, as per DFA guidelines. It is also used in expedited passport renewals or corrections of entries where relationship verification is needed to link the applicant to guardians or sponsors.

3. Inheritance and Succession Proceedings

In probate courts, under the Civil Code of the Philippines (Articles 774-1105 on Succession), this affidavit verifies heirship when intestate succession occurs without a will. It is essential in extrajudicial settlements of estates (per Section 1, Rule 74 of the Rules of Court) to identify legitimate heirs and prevent fraudulent claims. For example, siblings may execute it to affirm their relation to a deceased parent for property distribution.

4. Government Benefits and Social Services

Agencies like the Department of Social Welfare and Development (DSWD) or the Social Security System (SSS) require it for claims involving dependents, such as survivor's pensions or educational assistance under Republic Act No. 10606 (Pantawid Pamilyang Pilipino Program). It proves eligibility for benefits tied to family status, including PhilHealth coverage for family members.

5. Legal Proceedings and Court Cases

In family courts, it supports annulment, legal separation, or custody cases under the Family Code (Republic Act No. 9262, Anti-Violence Against Women and Their Children Act). It can also be used in criminal cases involving family-related offenses or in civil suits for support and recognition of filiation (Articles 194-208, Family Code).

6. Employment and Educational Purposes

For overseas Filipino workers (OFWs) under the Overseas Workers Welfare Administration (OWWA), it verifies dependents for insurance claims. In educational institutions, it may be needed for scholarship applications or enrollment of minors under guardian care.

7. Other Administrative Uses

It is utilized in land title transfers (under the Property Registration Decree, Presidential Decree No. 1529) to establish kinship for inheritance-based ownership, or in banking for joint account setups requiring proof of relation.

In all cases, the affidavit's purpose is to bridge gaps in documentary evidence, ensuring compliance with due process and preventing fraud.

Who Can Execute an Affidavit of Relationship?

Any competent adult (at least 18 years old) with personal knowledge of the relationship can serve as the affiant. This includes:

Immediate family members (e.g., parents, siblings).
Extended relatives (e.g., aunts, uncles) if they have direct knowledge.
Non-relatives, such as long-time friends or neighbors, provided they can substantiate their knowledge (e.g., through shared experiences or documents).

The affiant must be of sound mind and not under duress. In cases involving minors or incapacitated persons, a legal guardian may execute it on their behalf, with court approval if necessary.

Requirements for Preparation

Preparing an Affidavit of Relationship involves strict adherence to Philippine notarial laws to ensure validity. Key requirements include:

1. Content Essentials

Heading and Title: Clearly state "Affidavit of Relationship" and include the Republic of the Philippines as the jurisdiction.
Personal Details: Full names, ages, civil statuses, addresses, and relationships of all parties involved.
Basis of Knowledge: A detailed narrative explaining how the affiant knows the relationship (e.g., "I have known them since birth as I am their biological parent").
Supporting Facts: Dates, places, and events substantiating the claim, such as birth dates or marriage details.
Sworn Statement: Affirmation that the contents are true to the best of the affiant's knowledge, with a warning against perjury.
Signature and Date: Signed by the affiant.

2. Notarization

Under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), the affidavit must be notarized by a licensed notary public. The affiant presents valid identification (e.g., passport, driver's license) and signs in the notary's presence. The notary affixes their seal, signature, and details, including commission number and expiration.

3. Attachments

Supporting documents like birth certificates, marriage contracts, or photos may be annexed, referenced in the affidavit.

4. Language and Format

Written in English or Filipino, using clear, concise language. It should be typewritten on legal-sized paper, with 1-inch margins and double-spaced text.

5. Fees and Venue

Notarial fees range from PHP 100-500, depending on the notary. It can be executed at law offices, courts, or government agencies.

Sample Format

Below is a basic template for an Affidavit of Relationship:

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

AFFIDAVIT OF RELATIONSHIP

I, [Affiant's 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., mother] of [Related Person's Name], who was born on [date] in [place].
That my knowledge of this relationship is based on [explain, e.g., giving birth to him/her and raising them].
That this affidavit is executed to attest to the said relationship for the purpose of [state purpose, e.g., visa application].
That I am executing this affidavit freely and voluntarily, and I affirm that all statements herein are true and correct to the best of my knowledge.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] day of [month], [year] at [place].

[Affiant's Signature]
[Affiant's Printed Name]

SUBSCRIBED AND SWORN to before me this [date] day of [month], [year] at [place], affiant exhibiting to me his/her [ID type and number], issued on [date] at [place].

[Notary's Signature]
Notary Public
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of [year].

This template can be customized, but deviations must not compromise legal integrity.

Legal Consequences and Validity

Executing a false Affidavit of Relationship constitutes perjury under Article 183 of the Revised Penal Code, punishable by arresto mayor (1-6 months imprisonment) to prision correccional (up to 6 years), depending on severity. It may also lead to civil liabilities or denial of applications.

The affidavit's validity lasts indefinitely unless revoked or contradicted by new evidence. However, some agencies require recent execution (e.g., within 6 months) for currency.

In judicial proceedings, its evidentiary value is secondary; it can be challenged through cross-examination or counter-affidavits.

Challenges and Common Issues

Common pitfalls include incomplete details, lack of personal knowledge, or improper notarization, leading to rejection. In rural areas, access to notaries can be limited, necessitating travel to urban centers. During pandemics or calamities, electronic notarization under Republic Act No. 11930 (Remote Notarization Act) may apply, allowing virtual execution.

Conclusion

The Affidavit of Relationship is an indispensable tool in the Philippine legal system, embodying the emphasis on family and truth in declarations. By meticulously preparing and using it, individuals can navigate bureaucratic hurdles, secure rights, and uphold justice. Consulting a lawyer is advisable for complex cases to ensure compliance and effectiveness. This document not only facilitates practical needs but also reinforces the societal value placed on relational bonds in Filipino law and culture.