Introduction

In the Philippine legal system, an Affidavit of Support serves as a sworn declaration by a sponsor or guarantor affirming their willingness and ability to provide financial assistance to another individual. While commonly associated with immigration processes under Republic Act No. 8042 (Migrant Workers and Overseas Filipinos Act) or family petitions, its application extends to various domestic contexts, including housing applications. For housing purposes, this document is often required when an applicant—such as a prospective tenant, homebuyer, or loan borrower—does not independently meet the financial thresholds set by landlords, real estate developers, banks, or government housing agencies. It acts as a binding commitment, ensuring that the sponsor will cover rent, mortgage payments, or related expenses if the primary applicant defaults.

This article explores the comprehensive aspects of obtaining an Affidavit of Support specifically for housing applications within the Philippines. It covers the document's purpose, legal framework, preparation process, sources for acquisition, procedural steps, potential challenges, and best practices, all grounded in Philippine civil law principles, notary public regulations, and housing-related statutes.

Purpose of an Affidavit of Support in Housing Applications

The primary role of an Affidavit of Support in housing contexts is to mitigate risk for property owners or lenders. For instance:

Rental Applications: Landlords or property management companies may demand it from applicants with unstable income, students, or retirees. It assures the lessor that a third party (e.g., a parent, spouse, or employer) will step in to fulfill lease obligations under the Civil Code of the Philippines (Republic Act No. 386), particularly Articles 1305–1317 on contracts and obligations.
Home Purchases or Loans: Institutions like the Home Development Mutual Fund (Pag-IBIG Fund), governed by Republic Act No. 9679, or private banks under the supervision of the Bangko Sentral ng Pilipinas (BSP), might require it for mortgage applications. This is common for first-time buyers or those with low credit scores, ensuring compliance with loan repayment terms.
Government Housing Programs: Programs under the Department of Human Settlements and Urban Development (DHSUD), such as the Balai Filipino or socialized housing initiatives per Republic Act No. 7279 (Urban Development and Housing Act), occasionally incorporate affidavits to verify familial or community support, especially in resettlement projects.

Without this affidavit, applications may be denied, as it provides evidentiary weight in potential disputes, enforceable under perjury laws (Article 183 of the Revised Penal Code).

Legal Basis and Requirements

The Affidavit of Support draws its validity from general principles of Philippine law:

Notarization Requirement: Under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), all affidavits must be notarized to attain public document status, making them prima facie evidence in court. Notarization involves swearing before a notary public, who verifies the affiant's identity and voluntariness.
Content Essentials: The document must include:
- The affiant's (sponsor's) full name, address, civil status, and relationship to the applicant.
- A clear statement of financial support, specifying the amount, duration, and conditions (e.g., covering monthly rent up to PHP 20,000 for two years).
- Proof of the sponsor's financial capacity, such as income tax returns, bank statements, or employment certificates (attached as annexes).
- An oath or affirmation clause, invoking penalties for false statements under Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials) if applicable.
Capacity of the Affiant: The sponsor must be of legal age (18 years or older per Article 234 of the Family Code), mentally competent, and financially stable. Minors or incapacitated individuals cannot execute valid affidavits.
Evidentiary Value: In housing disputes, such as eviction cases under Republic Act No. 9653 (Rent Control Act of 2009), the affidavit can be invoked as a subsidiary obligation, similar to a suretyship under Articles 2047–2084 of the Civil Code.

Failure to meet these elements may render the affidavit void or unenforceable, leading to application rejections or legal liabilities.

Where to Obtain an Affidavit of Support

In the Philippines, Affidavits of Support are not issued by a single centralized authority but are prepared and notarized through accessible legal channels. Key sources include:

Notary Public Offices: The most common venue. Notaries public, who are licensed attorneys or judicial officers, operate in law firms, malls, or standalone offices across cities and municipalities. In Metro Manila, popular locations include SM Malls' notary services or Quezon City Hall. Provincial areas often have notaries at municipal halls or private practices.
Law Firms and Legal Clinics: Reputable firms specializing in real estate law, such as those affiliated with the Integrated Bar of the Philippines (IBP), can draft and notarize the document. Free legal aid clinics, like those run by the Public Attorney's Office (PAO) under the Department of Justice, assist indigent applicants, though they prioritize low-income housing cases.
Barangay Offices: For simple housing applications in local communities, barangay captains or secretaries (who may be authorized notaries under certain conditions) can handle basic affidavits, especially for informal settlements or under Republic Act No. 7160 (Local Government Code).
Government Agencies Involved in Housing:
- Pag-IBIG Fund branches nationwide provide templates and notarization for loan-related affidavits.
- DHSUD regional offices or the National Housing Authority (NHA) offer guidance and sometimes on-site notarization for subsidized housing programs.
- Philippine embassies or consulates for overseas Filipinos supporting local housing applications.
Online Platforms and Templates: While physical notarization is mandatory, drafts can be obtained from government websites like Pag-IBIG's portal or legal resource sites. However, e-notarization is emerging under the Electronic Commerce Act (Republic Act No. 8792), though not yet widespread for affidavits.

Costs typically range from PHP 100–500 for notarization, plus drafting fees if a lawyer is involved.

Procedure to Obtain and Execute the Affidavit

Securing an Affidavit of Support follows a straightforward process:

Preparation: The sponsor drafts the affidavit, either personally or with legal assistance. Include all required details and attach supporting documents.
Verification of Identity: Present valid IDs (e.g., passport, driver's license, or UMID card) to the notary.
Swearing and Signing: Appear before the notary, swear to the truthfulness, and sign in their presence. The notary affixes their seal and signature.
Registration: The notary records the document in their notarial register, as mandated by the Rules on Notarial Practice.
Submission: Submit the original to the housing applicant or directly to the landlord/lender, retaining copies for records.

The entire process can take 30 minutes to a few hours, depending on the venue's queue.

Common Challenges and Considerations

Several issues may arise:

Validity Period: Affidavits are typically valid indefinitely unless specified, but housing entities may require recent ones (e.g., within six months).
Enforceability Across Jurisdictions: If the sponsor resides abroad, the affidavit must be authenticated by the Philippine embassy (consularization) under the Vienna Convention on Consular Relations.
Fraud and Perjury Risks: False declarations can lead to criminal charges under the Revised Penal Code, with penalties up to six years imprisonment.
Cultural and Familial Aspects: In Philippine society, family support is common, but ensure the affidavit aligns with Family Code provisions on support obligations (Articles 194–208).
Updates and Amendments: If circumstances change (e.g., sponsor's financial status), a new affidavit or supplemental one may be needed.

To avoid pitfalls, consult a lawyer for complex cases, especially involving large sums or disputed properties.

Conclusion

Obtaining an Affidavit of Support for housing applications in the Philippines is a practical legal step that bridges financial gaps, ensuring access to shelter while protecting stakeholders' interests. By leveraging notary publics, government agencies, and legal professionals, applicants can secure this document efficiently. Understanding its legal underpinnings empowers individuals to navigate housing processes compliantly, contributing to stable homeownership and tenancy under the nation's commitment to adequate housing as enshrined in the 1987 Constitution (Article XIII, Section 9). For personalized advice, engaging a qualified attorney is recommended to tailor the affidavit to specific needs.