Dear Attorney,

I would like to seek assistance regarding the preparation of an Affidavit of Support for a non-relative. I understand that this document is crucial when someone provides financial backing for another person, but I am unsure of the legalities involved, especially since this is for someone outside of my family. Could you kindly advise me on the process, and if possible, provide a draft or template for such an affidavit?

Thank you in advance for your guidance.

Concerned Citizen

Insights

An Affidavit of Support is a legally binding document where an individual pledges financial support to someone else, usually to assist with travel or residency applications. While Affidavits of Support are commonly executed for family members, they can also be used for non-relatives in certain situations. This article explores the legal framework surrounding Affidavits of Support, particularly in the context of the Philippines.

Legal Basis of Affidavit of Support

In the Philippines, Affidavits of Support are often required for visa applications, residency petitions, or immigration procedures. While not explicitly mentioned in statutory law, the use of affidavits is supported by the general principles of contract law under the Civil Code of the Philippines (Republic Act No. 386). These affidavits create an obligation on the part of the affiant (the person executing the affidavit) to provide financial backing to the beneficiary.

Affidavit of Support for Non-Relatives

When an Affidavit of Support is drafted for a non-relative, the primary concern revolves around the credibility and sufficiency of the support being offered. The sponsoring party must prove their financial capacity to provide for the beneficiary, regardless of any familial ties. In most cases, the affidavit should specify:

Details of the Affiant – Including full name, address, nationality, and financial capacity.
Details of the Beneficiary – Including their name, nationality, and relationship (if any) to the affiant.
Nature and Extent of Support – This section outlines the specific financial obligations that the affiant is willing to take on, whether it be for travel expenses, living costs, or other forms of financial support.
Declaration of Truthfulness – The affiant must attest to the truthfulness of the statements made and the document must be signed and notarized.

Notarization and Legal Weight

Notarization is crucial for the affidavit to be considered a legal document. By notarizing the affidavit, the affiant acknowledges the truthfulness of their statement and the legal implications of their commitment. The notarization process in the Philippines is governed by Republic Act No. 9646 or the Notarial Law.

Limitations of an Affidavit of Support

While the Affidavit of Support carries significant legal weight, it does not impose unlimited liability on the affiant. The scope of responsibility is typically limited to the terms specified in the affidavit itself. For instance, if the affidavit only promises support for travel expenses, the affiant cannot be held liable for other financial needs unless explicitly stated.

Affidavits of Support are also subject to scrutiny by the immigration authorities or consular officers reviewing the visa or residency application. They assess the sufficiency of the support being pledged and the financial capacity of the affiant, especially when the beneficiary is a non-relative.

In summary, an Affidavit of Support for non-relatives, while permissible, requires meticulous drafting to ensure its legal sufficiency and enforceability. The affiant must clearly define the extent of their financial commitment and ensure that their financial status can back up the pledge.