How to Draft and Notarize an Affidavit of Support in the Philippines

How to Draft and Notarize an Affidavit of Support in the Philippines
Everything You Need to Know

1. Introduction

An Affidavit of Support is a legally binding document in which an individual (the “affiant” or “sponsor”) formally declares that they will provide financial support for another person (the “beneficiary”). In the Philippine context, it is commonly required in situations such as:

  • Visa applications, where a relative or friend intends to financially support a traveler.
  • Travel of minors, particularly when parents or legal guardians need to assure authorities or consulates that they can shoulder a child’s travel or living expenses.
  • Local legal proceedings, in cases where an affidavit of support is required to demonstrate capacity to provide monetary assistance.

Since it is a formal declaration, drafting and notarizing an Affidavit of Support in the Philippines must strictly follow Philippine legal procedures and regulations. Below is an in-depth guide on how to draft, structure, and notarize an Affidavit of Support in the Philippines.

2. Governing Laws and Regulations

  1. New Civil Code of the Philippines (Republic Act No. 386): Establishes general provisions on obligations and contracts, including affidavits as legally binding declarations.
  2. Rules on Notarial Practice (A.M. No. 02-8-13-SC): Provides the legal requirements for notarization, including who may notarize, what documents are required, and how notarization must be performed.
  3. Philippine Notarial Law (as amended): Governs the appointment of notaries public and the proper notarization process of legal documents.

For specific immigration or travel-related requirements, the relevant regulations of the Bureau of Immigration (BI) and Department of Foreign Affairs (DFA), or foreign embassies (for visa applications), may apply.

3. Purpose of an Affidavit of Support

  • Financial Assurance: The primary purpose is to guarantee that the beneficiary will not become a financial burden on the government or any institution, whether local or abroad.
  • Legal Documentation: In immigration processes, consular offices or embassies often require an affidavit of support to assess the sponsor’s financial capability.
  • Proof of Responsibility: For minors traveling abroad, local authorities (e.g., Bureau of Immigration) may need an affidavit of support from parents or guardians to prove that the child’s expenses, lodging, and welfare will be provided for.

4. Key Elements of an Affidavit of Support

Although there is no single, standardized template for all Affidavits of Support, the following components are typically expected:

  1. Title: Clearly labeled “Affidavit of Support.”
  2. Introduction and Personal Details of Affiant (Sponsor):
    • Full legal name
    • Citizenship
    • Address
    • Date of birth
    • Government-issued ID details (e.g., passport, driver’s license)
  3. Personal Details of Beneficiary:
    • Full name
    • Relationship to the affiant (e.g., child, spouse, sibling, friend)
    • Purpose of travel or reason for support
  4. Statement of Capacity to Support:
    • Affirmation of financial ability (proof of income, bank statements, or employment details are usually included as attachments)
    • Clear intention to shoulder travel expenses, lodging, food, or other necessary expenses
  5. Undertaking or Commitment:
    • The legal promise to bear the beneficiary’s expenses.
    • A statement that the affiant understands the consequences of failing to honor this undertaking.
  6. Signature Block:
    • Affiant’s signature
    • Date of execution (when the affidavit is signed)
  7. Jurat or Acknowledgment Section (for notarization):
    • The notary public’s portion, indicating that the affiant appeared, presented valid identification, and took an oath or acknowledgment.

5. Drafting the Affidavit: Step-by-Step

  1. Gather Personal Information and Supporting Documents

    • Prepare all necessary information: affiant’s full name, address, valid IDs, proof of financial capacity (bank statements, certificate of employment or business permits if self-employed), and beneficiary details.
    • If required by a specific embassy or office, review any additional documentary requirements.

  2. Structure the Document

    • Begin with a heading that states “Affidavit of Support.”
    • Follow with an opening paragraph identifying yourself (the affiant), providing your personal details, stating your citizenship, and explaining your relationship with the beneficiary.
    • Clearly state why you are executing the affidavit (e.g., to support a family member for a tourist visa application in the United States).

  3. Include a Clear Undertaking

    • Specify the scope of support (e.g., covering airfare, tuition, living expenses, accommodations).
    • Note the period of support if known (e.g., duration of the beneficiary’s stay abroad).

  4. Insert Attachments or References

    • If the receiving office or authority requires proof of financial capacity, mention the attached documents (e.g., “Attached herein are copies of my bank statements for the past six months.”).
    • If the affidavit is for a minor’s travel, attach necessary birth certificates, certificate of guardianship, or other relevant documents.

  5. Include a Closing Statement

    • Restate that all information provided is true and correct to the best of your knowledge.
    • State your willingness to answer any further inquiries or provide additional documentation if needed.

  6. Affix Your Signature

    • Leave space for your signature and name to be typed below it.
    • Do not sign the document yet. The signing must be done in the presence of a notary public if the document is to be notarized under a jurat.

6. Notarizing the Affidavit of Support

Under Philippine law, notarization transforms a private document into a public document, giving it more weight in legal proceedings or when presented to government agencies. Here are the steps:

  1. Appear Before a Notary Public

    • The affiant (sponsor) must personally appear before a duly commissioned notary public within the notary’s territorial jurisdiction.
    • The document must be signed in front of the notary public for a “Jurat.”
    • Alternatively, if you already signed the affidavit, you must use an “Acknowledgment” format, but that typically requires presenting the document to the notary public, confirming you signed it voluntarily.

  2. Present Valid Identification

    • Acceptable IDs usually include a Philippine passport, driver’s license, Unified Multi-Purpose ID (UMID), Professional Regulation Commission (PRC) ID, or other government-issued IDs with photograph and signature.
    • The notary public will record these details in their notarial register.

  3. Take the Oath (for a Jurat) or Acknowledge Execution (for an Acknowledgment)

    • In a Jurat, you swear or affirm that the contents of the affidavit are true and correct.
    • In an Acknowledgment, you confirm that you executed the document of your own free will.

  4. Notary’s Seal and Signature

    • Once the notarial act is complete, the notary public will affix their signature, official seal, and details of their commission (e.g., commission number, notarial register page, expiration date).
    • The date and place of notarization must be indicated in the notarial certificate.

  5. Pay Notarial Fees

    • Notarial fees are typically posted in the notary’s office or can be requested in advance.
    • Fees may vary depending on the notary public and the complexity or length of the document.

  6. Retain Copies

    • The notary will keep one copy or record in the notarial registry.
    • The affiant should keep the original notarized copy for submission to the requesting agency (e.g., embassy, BI).
    • It is advisable to have multiple certified copies on hand if you need to file the affidavit with different offices.

7. Best Practices and Practical Tips

  1. Consult the Requirements of the Specific Embassy or Office

    • Different embassies or Philippine government agencies can have different formats and additional requirements (e.g., financial thresholds, relationship documents).

  2. Provide Accurate and Consistent Information

    • Any discrepancies in names, addresses, or financial details might cause delays or rejections. Ensure all details match official IDs and supporting documents.

  3. Keep the Affidavit Clear and Concise

    • Avoid overly technical or ambiguous language. The goal is to show your financial capability and genuine intent to provide support.

  4. Maintain Updated Financial Documents

    • If the affidavit is used for a visa application, authorities often require recent financial statements (e.g., last six months).

  5. Authenticate the Document if Required

    • For use abroad, some countries or embassies may require the affidavit to be authenticated (“red-ribboned” in older terminology, now replaced by the Apostille under the Apostille Convention).
    • Check if the receiving country requires further legalization at the Department of Foreign Affairs (DFA).

  6. Follow Up on Changes in Requirements

    • Immigration, consular, and notarial regulations can change over time. Always verify the latest official guidelines.

8. Common Uses and Scenarios in the Philippines

  1. Overseas Travel of Minors:

    • Parents or guardians must draft an affidavit of support that details coverage of travel expenses, accommodation, education (if studying abroad), and the child’s general welfare.
    • The Bureau of Immigration often checks affidavits of support for departing Filipino minors.

  2. Family Reunion or Sponsorship Visas:

    • For individuals sponsoring a family member (spouse, child, or parent) going abroad, an affidavit of support might be required by the receiving country’s embassy.

  3. Student Visas:

    • Filipino students applying for visas to study abroad may need a sponsor if they lack independent funds. The affidavit assures the consular office that tuition and living expenses are covered.

  4. Employment-Related Travel:

    • Sometimes, employers provide an affidavit of support for employees traveling overseas for training or business purposes, stating coverage of travel and living expenses.

9. Legal Effect and Consequences

  • Once notarized, an Affidavit of Support is presumed to be a valid and truthful document.
  • Inaccurate statements or false representations can result in legal consequences such as perjury charges.
  • Sponsoring someone on the basis of an affidavit of support may create binding financial obligations. Failing to fulfill these obligations could have legal or personal ramifications, including difficulties with future visa applications or claims for reimbursement.

10. Conclusion

Drafting and notarizing an Affidavit of Support in the Philippines is a straightforward yet crucial process. The document serves as a commitment by the sponsor to financially assist a beneficiary, often in matters of travel, immigration, or educational support. Ensuring that the affidavit follows the required legal format, contains all essential information, and is duly notarized in accordance with Philippine law is paramount.

If you are uncertain about any step or face complex requirements from an embassy or government agency, consulting a Philippine lawyer or seeking guidance from the relevant agency can help ensure compliance and avoid costly errors. As with all legal documents, diligence in preparing, notarizing, and retaining records of the Affidavit of Support will help facilitate a smooth process for you and the beneficiary alike.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific concerns or unique situations regarding Affidavits of Support, please consult a qualified attorney or the relevant Philippine government agency.

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