In the Philippine legal and administrative landscape, the Affidavit of Support and Guarantee (ASG) is a critical document for Filipino citizens planning to travel abroad as tourists, particularly those who are unemployed or lack independent financial means. It serves as a sworn pledge by a sponsor (usually a relative) to the Philippine government that the traveler will not become a public ward in the destination country and will return to the Philippines upon the expiration of their visa.
I. Legal Basis and Purpose
The requirement for an ASG is rooted in the mandate of the Bureau of Immigration (BI) to curb human trafficking, illegal recruitment, and "deferred departure" schemes. Under the Department of Justice (DOJ) Inter-Agency Council Against Trafficking (IACAT) guidelines, immigration officers exercise "secondary inspection" authority to ensure that departing Filipinos are bona fide tourists and not vulnerable victims of exploitation.
For an unemployed traveler, the ASG bridges the gap between their lack of personal income and the financial requirements of international travel.
II. Essential Requirements for the Sponsor
To be legally tenable, the sponsor must meet specific criteria. Generally, the sponsor must be a relative within the fourth civil degree of consanguinity or affinity (e.g., parents, siblings, grandparents, aunts/uncles, or first cousins).
Standard Documentation for the Sponsor:
Proof of Relationship: Birth certificates, marriage contracts, or official records (issued by the PSA) establishing the link between the sponsor and the traveler.
Proof of Financial Capacity: * For sponsors abroad: Employment contract, payslips, or bank statements.
For sponsors in the Philippines: Income Tax Return (ITR), business permits, or audited financial statements.
Proof of Identity: Valid government-issued ID or Passport.
III. Core Elements of the Affidavit
An effective ASG must be comprehensive and specific. It is not a mere letter of invitation; it is a notarized (or apostilled/authenticated) legal instrument that must contain:
- Identity of the Parties: Full names, addresses, and citizenship of both the sponsor and the traveler.
- Financial Guarantee: A clear statement that the sponsor will shoulder all expenses, including airfare, accommodation, food, and medical costs.
- Repatriation Guarantee: A formal pledge that the sponsor will ensure the traveler returns to the Philippines and will shoulder any costs associated with deportation or repatriation if necessary.
- Non-recourse to Public Funds: A statement that the traveler will not seek financial assistance or employment in the host country.
IV. Authentication and Notarization
The validity of an ASG depends on where it is executed:
- If the sponsor is in the Philippines: The document must be notarized by a Philippine Notary Public.
- If the sponsor is abroad: The document must be executed at the Philippine Embassy or Consulate (consularized) or, in countries under the Apostille Convention, notarized and subsequently Apostilled by the relevant foreign authority.
V. Special Considerations for Unemployed Travelers
Unemployed travelers are often flagged during immigration departure formalities due to the perceived risk of overstaying to find work. To bolster the ASG, the following are often required during the Bureau of Immigration interview:
- Proof of Ties to the Philippines: While the sponsor guarantees funds, the traveler may still be asked for "strong ties" to ensure return, such as property titles, previous travel records, or enrollment in a local educational institution.
- Purpose of Travel: Clear documentation of the trip's intent (e.g., attending a family wedding, medical treatment, or a verified vacation itinerary).
VI. Legal Consequences of Misrepresentation
Providing false information in an ASG or using it to facilitate illegal recruitment carries severe penalties. Under Republic Act No. 8042 (Migrant Workers and Overseas Filipinos Act) and Republic Act No. 9208 (Anti-Trafficking in Persons Act), individuals involved in such schemes can face imprisonment and substantial fines. Furthermore, a traveler found to be misrepresenting their status may be "offloaded" (prevented from boarding) and blacklisted from future travel.
Summary of Required Documents for the Traveler
| Document Category | Examples |
|---|---|
| Travel Documents | Valid Passport (6 months validity), Visa (if applicable), Round-trip ticket. |
| The ASG | Original notarized/consularized Affidavit of Support and Guarantee. |
| Relationship Proof | PSA-issued Birth/Marriage Certificate showing the link to the sponsor. |
| Sponsor's Proof | Copy of Sponsor's Passport, ITR, or Employment Contract. |