Drafting a Notarized Letter of Explanation for Overstaying

Drafting a Notarized Letter of Explanation for Overstaying in the Philippines: Everything You Need to Know

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney or other qualified professional for advice specific to your circumstances.

1. Introduction

Overstaying in the Philippines can lead to legal consequences, including fines, deportation, and potentially being barred from future re-entry. If you find yourself in a situation where you have overstayed or are close to exceeding your authorized stay, a Letter of Explanation—often required by Philippine authorities, such as the Bureau of Immigration—can help clarify the circumstances of your overstay. In many instances, to make the letter more formal and valid for official purposes, it must be notarized.

Below is a comprehensive guide on drafting a notarized Letter of Explanation for overstaying in the Philippines. We will cover the purpose of such letters, essential elements, how to structure them, legal considerations, fees, and more.

2. Purpose of a Notarized Letter of Explanation

  1. Clarify the Circumstances: The main objective of a Letter of Explanation is to provide a concise yet thorough explanation of why you overstayed. This might be needed to prove good faith, or to show that the overstay was not intentional.

  2. Demonstrate Willingness to Comply: A letter signals that you intend to comply with Philippine immigration laws and regulations in the future, or you wish to correct a lapse.

  3. Fulfill Legal Requirements: Certain agencies and government offices require that explanations be submitted under oath (or notarized) to deter false statements.

  4. Negotiate Relief or Penalties: Providing a well-drafted explanation might reduce penalties or expedite the resolution of your immigration issue.

3. Understanding Philippine Immigration Regulations on Overstaying

  • Authorized Stay: Tourists, temporary visitors, and other non-immigrant visa holders are only allowed to remain in the country until the expiration date indicated on their visa or the day their allowable period of stay ends.
  • Penalty Fines: Overstaying even a day beyond the authorized period typically incurs penalty fees. The exact amount depends on the length of overstay and other factors set by the Bureau of Immigration.
  • Potential Consequences: Apart from fines, the Bureau of Immigration may initiate deportation proceedings in serious cases of overstay, or they may blacklist the individual, preventing future entry.
  • Extension of Stay: Before overstaying, foreign visitors can apply for visa extensions (if permissible) at the Bureau of Immigration.

If you have already overstayed, drafting and submitting a notarized Letter of Explanation can sometimes help mitigate the situation.

4. Notarization Requirements in the Philippines

To ensure legal credibility, the letter must be notarized. In the Philippines, notarization generally involves:

  1. Drafting the Document: Prepare your explanation letter in clear, formal language.
  2. Signing Before a Notary Public: You (the affiant) must sign the letter in the presence of the notary public, who will then authenticate your identity and signature.
  3. Affixing the Notarial Seal: Once the notary public confirms your identity and witnesses your signature, they will notarize the document. This usually involves attaching a notarial certificate and a seal.

Note: In the Philippines, attorneys typically serve as notaries public, though they must have a valid notarial commission within the territorial jurisdiction.

5. Key Elements of a Notarized Letter of Explanation

  1. Heading and Title

    • At the top center or left-aligned, include the phrase: “AFFIDAVIT OF EXPLANATION” or “LETTER OF EXPLANATION” (then specify the nature, e.g., “For Overstaying”).

  2. Addressee

    • Address your letter to the relevant authority or government office, e.g., “To the Bureau of Immigration” or “To Whom It May Concern” if no specific office or person is indicated.

  3. Personal Information

    • Provide your full legal name, nationality, passport number, date of birth, and current address. This establishes your identity for immigration and notarial purposes.

  4. Statement of Facts

    • Clearly outline the events leading to your overstay:
      • Dates of arrival in the Philippines
      • Authorized period of stay
      • Actual date when the overstay began
      • Reason(s) for overstaying (e.g., medical emergencies, flight cancellations, personal or family matters)

  5. Explanation and Apology

    • Offer an apology or expression of regret for any inconvenience caused to immigration authorities.
    • Emphasize that you did not intend to violate immigration rules deliberately.

  6. Demonstration of Good Faith

    • Highlight the steps you have taken or plan to take to resolve the overstay issue (e.g., paying penalties, seeking legal status updates, obtaining the correct visa, leaving the country promptly).
    • If applicable, provide supporting details like medical certificates or flight itineraries.

  7. Plea for Consideration

    • Politely request leniency or understanding. Mention any extenuating circumstances that might justify or mitigate the overstay.

  8. Oath or Affirmation

    • Before the notary, affirm under oath that all statements in the letter are truthful to the best of your knowledge.

  9. Signature and Date

    • Sign the letter in the presence of the notary public. Do not pre-sign.
    • Provide the date of signing.

  10. Notarial Acknowledgment

  • The notary public will finalize and stamp the letter with a notarial seal, indicating it has been duly executed.

6. Sample Template

Below is a generic template you can use as a reference. Always adjust to your specific facts and situation.

AFFIDAVIT OF EXPLANATION FOR OVERSTAY

I, [Full Legal Name], of legal age, single/married, [nationality], holding Passport No. [Passport Number], and presently residing at [Complete Address], after having been duly sworn in accordance with law, do hereby depose and state:

  1. I arrived in the Philippines on [Date of Arrival] under a [type of visa or visa waiver] granting me authorized stay until [Date of Last Valid Stay].
  2. Due to [state your reasons in detail], I was unable to depart or extend my stay before the indicated date.
  3. I regret that these circumstances led to my overstay, starting on [Date Overstay Began], and I acknowledge my responsibility for this infraction of the Philippine Immigration laws.
  4. I had no intention to violate any rules and regulations. My overstay was solely due to [provide context—medical, financial, or unavoidable personal reasons].
  5. I have taken/will take immediate steps to rectify this lapse by [e.g., visiting the Bureau of Immigration to pay fines, seeking legal counsel, booking an outbound flight, etc.].
  6. I respectfully request the Bureau of Immigration to consider my situation and grant me the necessary clearance or penalty assessment so that I may resolve this issue promptly and in accordance with Philippine law.
  7. I am executing this Affidavit to explain my overstay and to comply with the requirements of the Bureau of Immigration and other relevant agencies.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] in [City/Municipality], Philippines.

_____________________________
[Your Name and Signature]
Affiant

SUBSCRIBED AND SWORN to before me this [date] in [city/municipality, province], affiant exhibiting to me his/her valid ID/passport no. [ID/Passport Number].

Notary Public
[Name and Signature]
[Notarial Seal]

7. Important Tips and Best Practices

  1. Seek Legal Counsel

    • If your overstay is extensive or you face deportation proceedings, consult an immigration attorney. Guidance from a professional can help mitigate severe consequences.

  2. Attach Supporting Documents

    • Medical records, flight cancellation notices, personal emergency evidence—any documents that strengthen your explanation can be included as attachments.

  3. Use Clear, Concise Language

    • Be direct and avoid ambiguous statements. Authorities appreciate clarity.

  4. Proofread

    • Typos or factual inconsistencies can undermine the credibility of your letter. Review it carefully before notarization.

  5. Pay the Correct Fees

    • Notarial fees can vary, and immigration penalties may also change over time. Verify the current fee schedules.

  6. Observe Deadlines

    • If the Bureau of Immigration or another agency sets a deadline for submission of your notarized letter, meet that deadline to avoid further complications.

  7. Maintain Copies

    • Keep at least one copy of the notarized Letter of Explanation, plus any supporting documents. You may need them during follow-up inquiries or future immigration-related matters.

8. Potential Fees and Penalties

When you submit your notarized Letter of Explanation, you will likely be asked to pay:

  1. Notarial Fee

    • Typically ranges from PHP 100 to PHP 500 (or more) depending on the notary public and jurisdiction.

  2. Immigration Penalties

    • Overstay fines typically start from PHP 500 per month (plus additional fees) and can increase depending on the duration.
    • There may also be a motion for reconsideration fee or a legal research fee, depending on your case.

  3. Visa Extension Fees

    • If you wish to extend your stay after the fact, extension fees apply. Check the latest fee schedule from the Bureau of Immigration.

9. What Happens After Submitting the Letter

  1. Assessment by Immigration

    • The Bureau of Immigration reviews the explanation, verifies your documentation, and calculates the penalties.

  2. Resolution or Additional Steps

    • In many cases, you will be advised to pay the appropriate fees to rectify the overstay.
    • If your explanation is unsatisfactory or the overstay is extremely lengthy, further administrative or legal actions might be considered.

  3. Possible Interviews

    • You may be asked to appear for an in-person interview to clarify certain points.

  4. Clearance or Exit Clearance (ECC)

    • If you plan to leave the Philippines, you may need to secure an Emigration Clearance Certificate (ECC) before departure once you have settled your obligations.

10. Conclusion

Drafting a notarized Letter of Explanation for overstaying in the Philippines is a critical step to demonstrate good faith, clarify extenuating circumstances, and comply with immigration procedures. By carefully detailing your situation, apologizing, and showing a genuine willingness to settle penalties or correct your status, you can improve your chances of a favorable outcome.

Always remember:

  • Provide truthful, clear, and precise information.
  • Include any relevant supporting documents.
  • Sign the document before a licensed notary public.
  • If in doubt, consult a qualified attorney or immigration specialist.

With diligence, transparency, and the proper legal steps, you can address overstaying issues and move forward, whether that involves regularizing your stay in the Philippines or making a proper exit as soon as possible.

Disclaimer: Laws, regulations, and fees are subject to change. Always verify the latest information from official government sources or seek professional advice.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login