In the Philippine legal and immigration framework, the Affidavit of Support and Guarantee (ASG) is a critical document designed to prevent human trafficking, illegal recruitment, and the phenomenon of "undocumented" workers. It serves as a formal undertaking by a sponsor—usually a relative or a legitimate entity—to ensure that a Filipino traveler has the financial means to support themselves abroad and will return to the Philippines upon the expiration of their visa.
The Bureau of Immigration (BI) scrutinizes this document to ensure that the traveler is not a "vulnerable" passenger likely to fall victim to exploitation or become a public charge in a foreign country.
Key Requirements for a Valid ASG
For an ASG to be legally binding and acceptable to the Bureau of Immigration and Philippine foreign posts, it must generally contain the following elements:
Relationship of the Sponsor: The sponsor must clearly state their relationship to the traveler (e.g., parent, sibling, spouse, or authorized representative of a company).
Financial Capacity: The sponsor must prove they have the financial wherewithal to cover the traveler’s airfare, board and lodging, and incidental expenses. This is often supported by:
Copies of recent Bank Statements or Certificates.
Proof of Income (e.g., Payslips, Income Tax Returns, or Employment Contracts).
Guarantee of Return: A categorical statement that the sponsor will ensure the traveler returns to the Philippines and will not seek employment while on a tourist visa.
Assumption of Liabilities: An agreement that the sponsor will shoulder all costs should the traveler require repatriation or legal assistance while abroad.
Documentary Dependencies
The ASG is rarely a standalone document. Depending on whether the sponsor is based in the Philippines or abroad, the following secondary documents are typically required:
| Sponsor Location | Required Documentation |
|---|---|
| In the Philippines | Notarized ASG, Proof of Relationship (PSA Birth/Marriage certificates), and Proof of Income (ITR/Bank statements). |
| Abroad (e.g., OFWs) | ASG must be authenticated or apostilled by the Philippine Embassy or Consulate in the host country, along with copies of the sponsor’s residence permit/visa and employment contract. |
The Role of the Bureau of Immigration (BI)
It is a common misconception that having an ASG guarantees departure. The Bureau of Immigration exercises discretionary authority under the Guidelines on Departure Formalities.
Immigration Officers (IOs) evaluate the "totality of circumstances." Even with a valid ASG, a passenger may be offloaded if:
- The relationship between the sponsor and the passenger is distant or cannot be established.
- The passenger’s intent is inconsistent with their visa category (e.g., a tourist visa used for job hunting).
- The sponsor’s financial capacity is deemed insufficient for the duration of the trip.
Common Legal Pitfalls
- Non-Notarized Documents: An ASG signed in the Philippines must be notarized by a commissioned Notary Public to be considered a public document.
- Affidavits of Support for Non-Relatives: The BI is particularly strict with ASGs provided by friends or distant acquaintances, as these are high-risk indicators for human trafficking. In such cases, the burden of proof regarding the "bona fides" of the relationship is significantly higher.
- Inconsistency in Narrative: If the details in the ASG (e.g., length of stay) contradict the traveler’s verbal statements during the interview, the document may be disregarded.
The Red-Ribbon/Apostille Requirement
For sponsors residing abroad, the ASG must undergo the Apostille process (if the country is a member of the Hague Convention) or be Consularized at the nearest Philippine Foreign Service Post. A simple scanned copy of a signed letter is insufficient; the document must bear the official seal of the Philippine government representative abroad to be recognized by the BI at the airport.
Note: The ASG is a tool for facilitation, not a right. Its primary purpose remains the protection of Filipino citizens from the risks of irregular migration and the enforcement of Philippine immigration laws.