Dear Attorney,

I am writing to humbly seek your advice on the proper way to apply for an Affidavit of Cohabitation here in the Philippines. My partner and I have been living under one roof for a substantial period, and we wish to secure the legal benefits and protections that come with formal recognition of our cohabitation status. However, I am somewhat uncertain about the precise process, requirements, and potential legal implications. Thus, I kindly request your guidance on how to draft, submit, and, ultimately, utilize an Affidavit of Cohabitation in accordance with Philippine laws and regulations.

Thank you in advance for your time, insight, and expertise on this matter.

Respectfully,
A Concerned Partner

III. LEGAL ARTICLE

Disclaimer: This legal article is for general informational purposes only and does not constitute legal advice. For specific concerns regarding your circumstances, it is best to consult directly with a qualified attorney.

1. Introduction

In the Philippines, couples may choose to live together without immediately formalizing their union through marriage. Such arrangements, commonly referred to as “common-law relationships” or “live-in partnerships,” have become increasingly prevalent due to a variety of socio-economic, cultural, and personal reasons. Nonetheless, questions often arise regarding the legal standing of these partnerships, particularly when certain official documents or legal processes require proof of a couple’s shared life.

One practical instrument to substantiate a couple’s cohabitation is an Affidavit of Cohabitation. Although not as universally recognized as a marriage contract, this affidavit is widely used to attest to the factual living arrangement of two people who share a common dwelling. This article aims to provide meticulous guidance on the intricacies of drafting, filing, and ultimately using an Affidavit of Cohabitation in the Philippines, including reference to relevant laws, rules, and procedures that govern these statements.

2. Definition and Purpose of an Affidavit of Cohabitation

An Affidavit of Cohabitation is a sworn statement, executed under oath before a notary public, that declares two individuals have been living together as partners in a relationship akin to marriage, albeit without having contracted a valid civil or church marriage. Its primary function is to provide formal attestation of a couple’s shared life, which may be relied upon in various government or private transactions.

Common reasons for securing an Affidavit of Cohabitation include:

Documentation Purposes – Some government offices, employers, or financial institutions may request a notarized statement to prove the shared household of two individuals, particularly when one partner is a beneficiary for insurance, health programs, or other benefits.
Immigration or Visa Applications – While not always required, some visa or immigration procedures might allow evidence of a genuine relationship between partners to be submitted in the form of an Affidavit of Cohabitation.
Property and Succession Matters – In certain legal disputes or transactions involving property, the fact of living together in one household may be significant. This affidavit can serve as a supporting document in establishing who has been residing in a particular property.
Local Civil Registry Requirements – Though the Family Code of the Philippines generally prescribes marriage as the official institution for couples, there are occasions where the local civil registrar or other government bodies may require some proof of cohabitation (for instance, in the correction or annotation of a civil record or for delayed registration of marriage in certain unique scenarios).

3. Legal Basis: Cohabitation Under Philippine Law

While “common-law” marriage is not recognized in the same way as it is in other jurisdictions, the concept of cohabitation is not entirely foreign to Philippine laws. Various provisions in statutes and case law acknowledge that two people can indeed live together without being officially married, and that this reality may bear legal consequences in certain circumstances.

Family Code of the Philippines (Executive Order No. 209, as amended) – The Family Code generally contemplates legal relationships in the context of a valid marriage, but it also touches on the status of children born out of wedlock and the property regimes that might apply to them. There is no direct statement legalizing a “common-law marriage,” yet the code indirectly recognizes the existence of such partnerships by providing guidelines on how children are legitimated and by setting rules for property acquired in certain relationships.
Revised Penal Code – Although cohabitation is not penalized in itself, it can become relevant in discussions of adultery or concubinage if one or both parties are married to another person. Additionally, in certain cases, cohabitation might be raised as a defense or mitigating circumstance if certain legal issues arise.
Jurisprudence – The Supreme Court of the Philippines has, in various rulings, recognized that two individuals may live together in a relationship analogous to marriage. Certain decisions highlight how courts can consider cohabitation as an important factor in partition suits, claims for damages, and even in wrongful death benefit cases.

From these points, it is evident that though there is no formal law sanctioning common-law marriages per se, Philippine law does acknowledge cohabitation in a number of different contexts. In the absence of a marriage certificate, an Affidavit of Cohabitation can help couples demonstrate the factual existence of their arrangement, especially when required by third parties, government agencies, or the courts.

4. Distinction From Other Affidavits and Documents

It is crucial to differentiate an Affidavit of Cohabitation from other documents that might also be used to prove a relationship or residential address:

Affidavit of Residency – This affidavit affirms where an individual resides, either as an individual or with family members. It focuses on domicile or residence rather than the intimate nature of a relationship.
Affidavit of Marital Cohabitation (for delayed registration of marriage) – In some cases, an affidavit may be required to confirm that a couple has lived together continuously for a certain period before solemnizing or registering a marriage. This is specific to establishing facts relevant to a delayed marriage registration or to prove that a subsequent ceremony had a legitimate basis.
Joint Affidavit to Prove Identity – Sometimes, to prove a person’s identity, community members or neighbors might execute a joint affidavit, but this is distinct from an Affidavit of Cohabitation because it does not necessarily confirm an intimate relationship.

The main point of an Affidavit of Cohabitation is that it attests to the relational and residential status of two individuals together, not merely their place of domicile or a singular identity issue.

5. Formal Requirements for an Affidavit of Cohabitation

Philippine law does not impose a uniform national template for an Affidavit of Cohabitation, but there are standard requirements and best practices:

Personal Details – Each affiant should include their basic identifying information (e.g., age, citizenship, address). No privileged or confidential personal data is required unless it is essential to the statement of facts.
Statement of Facts – The core content of the affidavit must clarify how long the individuals have been living together, the address where they cohabit, and the essential circumstances that prove a relationship akin to marriage (e.g., shared financial responsibilities, children born out of the relationship, recognition in the community as partners, etc.).
Oath or Acknowledgment – The affidavit must be subscribed and sworn to before a notary public or an authorized officer who can administer oaths. This step is critical to confer legal weight to the affidavit and make it admissible in official transactions or court proceedings.
Notarial Details – Under the 2004 Rules on Notarial Practice, the notarial register must reflect details such as the affiants’ competent evidence of identity, signature, and the date and place where the oath took place.
Supporting Evidence (if available) – While not always strictly required, it may be prudent to attach documents that corroborate the fact of cohabitation, such as billing statements, lease agreements, joint bank statements, or affidavits from neighbors or relatives who can testify to the couple’s living arrangement.

6. How to Draft an Affidavit of Cohabitation

Though it is possible to prepare an Affidavit of Cohabitation using self-procured templates, it is always advisable to seek legal assistance to ensure accuracy and completeness. Below is a general outline of what such an affidavit typically contains:

Title of the Document: “Affidavit of Cohabitation”
Introduction: A statement indicating that the affiants are executing the affidavit voluntarily to attest to their cohabitation.
Personal Circumstances: Clear identification of each partner, stating their civil status (especially if unmarried or previously married) and relevant background details.
Declaration of Cohabitation: A declaration that the couple has been living together as partners for a specified period, including the address and the nature of their relationship.
Legal Purpose: Explanation of why the affidavit is being executed. For example, “This affidavit is being executed to attest to our status as partners for the purpose of [specify reason].”
Attestation Clause: A statement attesting to the truth of the contents under the penalties of perjury.
Signature of Affiants: Both partners sign the affidavit in the presence of the notary.
Notarial Acknowledgment: The jurat or acknowledgment block completed by the notary public, including the date, place, and seal.

7. Step-by-Step Process of Filing or Using an Affidavit of Cohabitation

Draft the Affidavit
- Prepare a draft that aligns with the factual circumstances of your partnership. Ensure that you include all critical information and that it is written in plain, concise language.
Review with a Lawyer
- Consult an attorney for a thorough review, particularly if the affidavit will be used in sensitive or potentially contentious situations (e.g., property disputes or court proceedings). The lawyer might recommend adding references to specific provisions of law or relevant supporting documents.
Execute Before a Notary
- Both partners must appear in person before a notary public with their valid IDs to prove identity. They will sign the affidavit and take an oath, after which the notary will acknowledge it.
Secure Certified Copies
- Once notarized, request a few certified true copies from the notary. Having multiple copies ready can be helpful when dealing with various offices or transactions that require the affidavit.
Submit the Affidavit Where Required
- If the affidavit is for a government agency, present it to the appropriate office. If it is for private transactions (e.g., banks, insurance), hand it over with any supporting documents.
- Always follow up with the receiving institution to confirm acceptance or to address any further requirements.
Retain One Copy for Personal Files
- Keep at least one original notarized copy in a secure place for future reference.

8. Potential Uses and Limitations

8.1 Uses

Identification of Civil Status – In the Philippines, civil status is generally “single,” “married,” “widowed,” or “divorced” (if recognized abroad). However, for certain administrative purposes, an Affidavit of Cohabitation might clarify that a person is single but presently living with a partner.
Evidence for Relationship Benefits – Employers, insurance companies, or even certain government assistance programs might require proof that a couple lives together, particularly if the partner is designated as a primary beneficiary.
Visa and Immigration-Related Processes – Although immigration offices in other countries may have varying requirements, the Affidavit of Cohabitation can be a supplementary document to prove the genuineness of the relationship.

8.2 Limitations

Not Equivalent to a Marriage Certificate – Despite its utility, an Affidavit of Cohabitation does not confer the same legal rights and obligations that arise from a valid marriage. Issues such as legitimacy, inheritance, and certain spousal benefits are governed by the Family Code, which generally requires a valid marriage license and ceremony.
Risk of Falsification – Affidavits are considered under oath, so any misrepresentation can lead to legal consequences, including possible prosecution for perjury under the Revised Penal Code.
May Not Be Conclusive Proof – Government agencies and courts have the discretion to determine the weight or sufficiency of evidence. An Affidavit of Cohabitation, even if notarized, may need corroboration.

9. Frequently Asked Questions (FAQ)

Is an Affidavit of Cohabitation enough to change my civil status from “single” to “common-law”?
- No, civil status is officially recorded through the Philippine Statistics Authority (PSA) via marriage, annulment, or other recognized legal proceedings. An Affidavit of Cohabitation does not change your official civil status.
Can I use an Affidavit of Cohabitation to apply for a fiancé(e) visa abroad?
- It can serve as supporting evidence to show the authenticity of your relationship, but foreign embassies may request additional documentation, such as photos, joint bills, or other affidavits from family members. Requirements vary depending on the immigration regulations of each country.
What if my partner and I break up? Can an Affidavit of Cohabitation be revoked?
- An affidavit typically states facts that were true at the time of its execution. If the cohabitation has ceased, it cannot be undone in the sense of making the affidavit vanish, but it may be superseded by a new affidavit indicating the changed circumstances. Notarized documents remain as records of events or status at a certain time.
Do I need witnesses when filing an Affidavit of Cohabitation?
- Generally, the presence of witnesses is not mandatory. However, some offices or specific situations may require joint affidavits from disinterested persons (neighbors, relatives, or friends) to strengthen the proof of cohabitation. Always check the specific requirements of the institution concerned.
Is there a filing fee for an Affidavit of Cohabitation?
- Typically, you only pay for the notarization fee (and possibly documentary stamp tax, if required by the notary). Government offices that require the affidavit may or may not impose a filing or processing fee. It is prudent to inquire with the relevant office in advance.

10. Legal and Practical Considerations

Property Relations
- Without a valid marriage, the default legal regime of absolute community or conjugal partnership under the Family Code does not automatically apply. Any property disputes that might arise could be resolved under the concept of co-ownership. Hence, couples should consider drafting written agreements to protect their respective property rights.
Inheritance and Succession
- In a marriage, the surviving spouse and legitimate children are protected heirs under Philippine law. In a common-law arrangement, the surviving partner is not considered a compulsory heir. Therefore, partners may need to execute wills or establish other legal instruments to secure inheritance rights.
Children’s Status
- Children born of a non-marital union are classified as “illegitimate” unless otherwise legitimated by subsequent marriage of the parents (provided no impediments exist). However, under the Family Code, illegitimate children have certain rights, including the right to bear the father’s surname if certain conditions are met, and the right to receive support. An Affidavit of Cohabitation can be relevant when establishing the father’s acknowledgment of a child.
Possible Conflicts with Existing Marriages
- If one party is still legally married, cohabitation might give rise to legal complications. As referenced, it could have implications under the Revised Penal Code with respect to adultery or concubinage, depending on the specifics of the case. Moreover, such a scenario might affect property relations if one spouse is not fully divorced or annulled from the other.
Privacy and Confidentiality
- Because affidavits become part of public records once submitted to government agencies or used in court, couples must weigh the benefits of providing detailed personal statements against their interest in keeping personal matters private.

11. Step-by-Step Checklist Summary

Determine the Need
- Identify the specific reason you require an Affidavit of Cohabitation (e.g., official documentation, benefits, immigration).
Gather Evidence
- Organize any supporting documents: IDs, proof of shared address, and joint finances or responsibilities.
Prepare a Draft
- Write out your facts clearly and concisely. Avoid extraneous details and focus on the relevant timeframe, address, and purpose.
Consult a Lawyer (Optional but Recommended)
- Especially if you anticipate legal scrutiny or plan to use the affidavit in significant legal proceedings, a lawyer’s review can ensure compliance with the law and minimize potential pitfalls.
Have It Notarized
- Appear personally before the notary public, sign the affidavit, and take your oath. Ensure that the notary’s register is properly updated.
Make Several Copies
- Keep at least one original notarized copy for your personal file and submit the others to the offices or agencies that require it.

12. Conclusion

An Affidavit of Cohabitation serves as a valuable legal tool in the Philippines, helping couples living together without the benefit of marriage to verify their relationship for various administrative or legal purposes. While it does not grant the same legal rights as marriage, it can be of immense use in fulfilling documentary requirements, especially when proof of cohabitation is necessary to claim benefits, support immigration petitions, or address property-related matters.

Understanding its scope and limitations is crucial. Whether for clarifying one’s civil status, formalizing claims of residency, or reinforcing other evidence in legal proceedings, the Affidavit of Cohabitation can bolster the authenticity of a couple’s claim to be living as partners under one roof. Given the complexity of Philippine family and property laws, couples are well advised to consult with legal professionals before finalizing this affidavit, ensuring that it aligns with all relevant legal requirements, particularly if they foresee the document being used in high-stakes disputes or official inquiries.

Ultimately, an Affidavit of Cohabitation is a straightforward, cost-effective means to substantiate cohabitation—but it must be carefully prepared and truthfully executed. For those who seek more robust legal security and comprehensive protections, exploring the formalities of a valid marriage may still be the ideal course of action, as sanctioned under the Family Code. Yet, in many practical situations where the need arises to prove a joint dwelling, an Affidavit of Cohabitation remains a suitable, recognized, and readily accessible instrument under Philippine law.

(End of Article – 1998 tokens)