Requirements for an Affidavit of Support in the Philippines

(A comprehensive legal guide, updated to 24 April 2025)

1. What an Affidavit of Support (AOS) Is

An AOS is a sworn, notarised declaration by a person (“sponsor”) stating that they are financially capable of—and legally willing to—support another person (“beneficiary”) for a specific purpose (travel, stay, litigation costs, study, medical treatment, etc.). Under Philippine law it is treated as an ordinary affidavit (Rule 132, §6, 2020 Rules on Evidence) but carries additional documentary and substantive requirements imposed by government agencies that rely on it.

2. Key Legal Foundations

Legal Source	Relevance to AOS
Family Code, Arts. 194-202	Defines support as “everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation,” and identifies persons obliged to give it (parents, ascendants, spouses, siblings).
Civil Code, Art. 1318 & 1159	Makes the undertakings in an AOS a binding civil obligation once all essential requisites of a contract are present.
2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC)	Details how an affidavit must be notarised and the authentication steps if executed abroad.
National Internal Revenue Code, §188	Requires a ₱30 Documentary Stamp Tax (DST) on every notarised affidavit.
Bureau of Immigration (BI) M.C. No. JHM-2013-006 & succeeding circulars	Prescribes AOS with Undertaking for (a) foreign minor visitors, (b) tourist-visa extensions, (c) certain special resident applications.
DSWD Memorandum Circular 004-2017	Recognises an Affidavit of Support and Consent (ASC) as an alternative to DSWD travel clearance for minors travelling with parents/guardians.
Rule 132, §20 (Evidence)	Affidavits as evidence must be based on personal knowledge; false statements expose affiant to perjury (Revised Penal Code, Art. 183).

3. Typical Situations Requiring an AOS

Visitor or 9(A) tourist-visa extension at the BI.
Foreign spouse/fiancé(e) or dependent child applying for temporary visitor status.
Filipino overseas sponsor securing an Affidavit of Support & Guarantee (AOSG) at a Philippine embassy/consulate so relatives can obtain host-country entry visas.
Minor children travelling abroad with one parent/relative (ASC in lieu of DSWD travel clearance).
Court proceedings (e.g., petition for support, bail applications) where a party must show ability to shoulder costs.
Scholarship, medical-treatment or humanitarian visas.

4. Who May Execute

Age: At least 18, of sound mind.
Status: Filipino citizen, dual citizen, permanent resident, or foreign national with legal capacity.
Financial Capacity: Must prove income/resources sufficient for the beneficiary’s estimated needs.
Relationship to Beneficiary: Not legally required, but BI and consulates give greater weight to close-family sponsors (spouse, parents, children, siblings, grandparents). When no blood relation exists, expect heavier scrutiny and sometimes a co-sponsor.

5. Formal Requisites (What the AOS Must Contain)

Affiant’s Identifying Details – full legal name, date/place of birth, citizenship, civil status, address, contact number, passport/ID details.
Beneficiary’s Details – same identifying data and relationship to affiant.
Purpose & Duration of Support – clearly state why support is given (e.g., “to cover all living, medical, and repatriation expenses for the duration of the beneficiary’s 30-day stay in the Philippines from 1 May 2025 to 30 May 2025”).
Amount or Scope of Undertaking – a lump-sum figure or an “all-inclusive” commitment (housing, food, incidentals).
Affirmation of Financial Capacity – reference to attached proofs (bank statements, payslips, ITR, property titles).
Statement of Liability – acceptance of civil and, where applicable, criminal responsibility for misrepresentation or non-performance.
Signature & Jurat – signed before a notary public within the Philippines or a consular officer abroad; must bear notarial seal and registry number.
Documentary Stamp Tax – ₱30 affixed and cancelled.

6. Documentary Requirements (Attach to the AOS)

Category	Common Acceptable Proofs
Identity	Passport bio page, PhilSys ID, driver’s licence, resident card (ACR I-Card for foreigner).
Financial Capacity	Any two of: recent bank certificate/statement (3–6 mos. history), latest BIR Form 2316/ITR, Certificate of Employment with salary, audited financial statements (if self-employed), pension slips, land titles or condominium CCTs, stock/bond certificates.
Relationship	PSA birth or marriage certificates; if cousins or in-laws, combine PSA documents to trace lineage; for fiancés, include CENOMAR & proof of ongoing relationship (photos, chat logs, etc.).
Itinerary & Accommodation (for travel cases)	Return/onward tickets, hotel bookings, letter of invitation.
Special Cases	• Minor: photocopy of DSWD clearance (if already obtained) or parents’ marriage certificate. • Medical: physician’s letter & hospital quotation.

7. Execution, Authentication & Filing

Scenario	Where & How
Affiant in PH	Notarise before any duly commissioned notary public; pay DST; keep original.
Affiant Abroad	Execute before Philippine embassy/consulate or local notary then subject the document to Apostille (Hague countries) or authentication/legalisation (“red ribbon”) via DFA for non-Hague states.
Submission	• Bureau of Immigration – file with BI main office or field offices when lodging visa extension or waiver. • DSWD – attach to ASC packet if seeking travel clearance exemption. • Foreign Embassy in Manila – include in visa application. • Philippine Courts – mark as sworn statement; observe rules on filing & service.

Tip: Always keep at least three original copies—one for the receiving agency, one for the affiant, one for the beneficiary.

8. Validity Period

BI & DFA practice: generally 6 months from notarisation, unless a shorter validity is specified by the receiving post or a longer period is expressly stated (rarely beyond 1 year).
Court use: remains valid until withdrawn or contradicted, subject to rules on continuing obligation.
Consular AOSG: validity is usually tied to the visa application window (often 90–180 days).

9. Fees & Turnaround Times

Item	Indicative Cost (₱)	Time
Notarial fee (Metro Manila average)	300-600	Same day
Documentary Stamp Tax	30	Same day
Consular notarisation abroad	US$25-35 (or host-currency equivalent)	15-60 min walk-in; up to 5 days by mail
DFA Apostille/authentication	100 (regular 3-4 bus. days) / 200 (expedite next day)	–

10. Legal Consequences & Liabilities

Perjury (RPC, Art. 183): Imprisonment of up to 5 years if the affiant wilfully makes false statements.
Civil action for support: Beneficiary may sue to enforce the undertaking; courts may issue writs of execution against the affiant’s assets.
Immigration penalties: BI/foreign posts may blacklist an affiant or beneficiary for fraud.
Refund of government benefits: In scholarship or medical cases, failure to honour the AOS can trigger refund or garnishment clauses.

11. Common Pitfalls & How to Avoid Them

Pitfall	Prevention
Incomplete attachments	Use a checklist; provide clear photocopies and translate foreign-language documents.
Vague coverage (“will support as needed”)	Quote a realistic peso or foreign-currency ceiling or enumerate specific cost items.
Out-of-date bank certificate	Request a new certificate within 30 days of filing.
Unsigned passport copy	Make sure the affiant’s ID photocopy bears the specimen signature or add a signed endorsement page.
Wrong notarisation venue	If executed abroad, must follow the apostille/red-ribbon route or consular notarisation—domestic Philippine notarisation has no effect outside the country.

12. Sample Skeleton (for guidance only)

AFFIDAVIT OF SUPPORT AND UNDERTAKING

I, JUAN DEL CRUZ, Filipino, of legal age, married, and residing at…

That I am the father of MARIA DEL CRUZ, Filipino, born …

That my daughter intends to travel to Tokyo, Japan from 1 May 2025 to 30 May 2025 for tourism purposes;

That I undertake to shoulder all expenses for her round-trip airfare, accommodation (approx. ¥180 000) and daily allowance (approx. ¥5 000/day), and guarantee her timely return to the Philippines;

That attached hereto are: (a) my BPI bank certificate dated 15 April 2025 showing a balance of ₱850 000; (b) my Certificate of Employment with monthly salary of ₱120 000; and (c) our PSA-issued birth certificates proving our relationship;

I am executing this Affidavit to attest to the truth of the foregoing and for whatever legal purpose it may serve.

Signed … on … before … Notary Public

13. Frequently Asked Questions

Question	Short Answer
Can two people co-sign?	Yes—prepare a joint affidavit or separate AOS per sponsor.
Does a pensioner with no ITR qualify?	Yes; present SSA/GSIS pay-slips and bank statements instead of ITR.
Is an AOS the same as a Guarantee Letter?	Functionally similar; some embassies require both or use different labels.
Can I email a scanned AOS?	Agencies demand the notarised original; scans are only for pre-assessment.
Will a consular AOSG be honoured by the BI in Manila?	Yes, provided it bears the post’s authentication stamp and is within validity.

14. Final Notes

An Affidavit of Support is more than a pro-forma document—it is a binding promise enforceable under Philippine civil, criminal, and immigration law. Prepare it with the same care you would a contract: disclose accurate financial information, attach proper proofs, and observe all notarisation and authentication steps. When in doubt—especially for high-stakes immigration or litigation matters—consult a Philippine lawyer or accredited immigration practitioner.

(This article is for general information only and does not substitute for formal legal advice.)