In the Philippine legal and administrative context, an Affidavit of Support and Guarantee (ASG) is a vital document for Filipino citizens planning to travel abroad, particularly when their trip is being sponsored by a relative or a third party. It serves as a sworn undertaking by a sponsor to the Philippine government, ensuring that the traveler will not become a "public charge" in the destination country and that their financial needs and repatriation, if necessary, are secured.
1. Nature and Purpose of the ASG
The ASG is primarily utilized to prevent human trafficking and illegal recruitment. By requiring a sponsor to execute this document, the Bureau of Immigration (BI) and the Department of Foreign Affairs (DFA) ensure that the traveler has legitimate financial backing and a clear, verifiable relationship with their host.
It is most commonly required for:
- Minors traveling without parents.
- Unemployed or low-income travelers.
- Individuals visiting relatives abroad who will be covering all expenses.
2. Core Legal Requirements for the Sponsor
For an ASG to be legally binding and acceptable to Philippine authorities, the sponsor must meet specific criteria.
Proof of Relationship
The sponsor must typically be within the fourth civil degree of consanguinity or affinity (e.g., parents, children, siblings, grandparents, aunts/uncles, or first cousins).
- Required Documents: Birth certificates (issued by the Philippine Statistics Authority), Marriage Contracts, or CENOMAR (Certificate of No Marriage) to establish the link between the sponsor and the traveler.
Financial Capacity
The sponsor must prove they can comfortably afford the traveler's stay without utilizing public funds in the destination country.
- Required Documents:
- Certified true copies of Income Tax Returns (ITR).
- Employment Contract (authenticated or verified by the Migrant Workers Office/POLO if the sponsor is an OFW).
- Recent bank statements or certificates of deposit (usually covering the last 3-6 months).
- Proof of residential address abroad (e.g., utility bills or lease contracts).
Legal Identification
A valid Philippine passport or, if the sponsor is a naturalized citizen of another country, their foreign passport and proof of former Filipino citizenship or legal residency status.
3. Standard Provisions of the Affidavit
An ASG is not a mere letter; it is a legal instrument that must contain specific "guarantees." The sponsor must explicitly state:
- Support: That they will provide for the traveler’s food, clothing, and medical expenses.
- Guarantee of Return: That the traveler will return to the Philippines upon the expiration of their visa and will not seek illegal employment.
- Non-Public Charge: That the traveler will not seek financial assistance from the host country’s government.
- Assumption of Liability: That the sponsor will shoulder all costs of repatriation, including airfare and administrative fees, should the traveler be deported or encounter legal issues.
4. The Authentication Process (Apostille and Notarization)
The validity of an ASG depends on where it is executed:
| Location of Execution | Process Required |
|---|---|
| Inside the Philippines | Must be notarized by a Philippine Notary Public. If intended for use at an embassy, it may require a "Gold Seal" from the Regional Trial Court or Department of Justice. |
| Outside the Philippines | Must be executed at the nearest Philippine Embassy or Consulate. If notarized by a local foreign notary, it must be Apostilled by the relevant authority in that country to be recognized in the Philippines. |
5. Documentary Checklist for the Traveler
While the sponsor provides the ASG, the traveler (the "Affiant’s beneficiary") must present the following during the Bureau of Immigration interview:
- Original Affidavit of Support and Guarantee.
- Clearance from the Department of Social Welfare and Development (DSWD) if the traveler is a minor.
- Photocopy of the Sponsor’s passport and visa/residency permit.
- Round-trip flight tickets.
- Proof of relationship documents (e.g., PSA Birth Certificate).
6. Common Pitfalls and Rejections
Authorities may reject an ASG or offload a passenger if:
- Relationship Discrepancy: The degree of relationship is too distant or cannot be proven through official PSA documents.
- Insufficient Income: The sponsor's bank balance or income does not align with the cost of living in the destination country.
- Inconsistency: Statements made by the traveler during the immigration interview contradict the details provided in the ASG.
- Lack of Authentication: Failure to have the document Apostilled (for sponsors abroad) or notarized (for sponsors local to the Philippines).
Important Note: Under the Expanded Anti-Trafficking in Persons Act, providing false information in an ASG or using it to facilitate illegal recruitment can lead to criminal prosecution for both the sponsor and the traveler.