Dear Attorney,

I would like to ask for your assistance regarding an affidavit of support for a travel matter. My aunt, who is an Austrian citizen, has gifted me a trip to Hong Kong as a graduation gift. She will be visiting the Philippines soon, and we are both scheduled to go to the airport on October 5, where she will travel with her child to Korea, while I head to Hong Kong. I was advised that an affidavit of support may be necessary for my trip.

Can the affidavit of support be notarized here in the Philippines while she is in the country, or does it need to be notarized in Austria since she is an Austrian citizen? We would appreciate your guidance on the matter.

Sincerely,
A Concerned Nephew/Niece

Insights

In this situation, an affidavit of support is indeed a necessary document when a third party, such as your aunt, is financially supporting your travel abroad. This affidavit serves as a formal declaration that your travel expenses will be covered by your sponsor.

Since your aunt is an Austrian citizen, the general rule is that she must execute the affidavit of support in the jurisdiction where she resides, which is Austria in this case. The affidavit needs to be notarized in Austria and then authenticated through the appropriate Philippine consulate or embassy. The process ensures that the document will be recognized in the Philippines. If the affidavit is notarized in Austria, your aunt should present it to the Austrian authorities for notarization, followed by an authentication process through the Philippine Embassy or Consulate in Austria.

However, since your aunt will be physically present in the Philippines, there may be a workaround. It is possible for her to execute and notarize the affidavit of support in the Philippines during her visit, provided she does so before a Philippine notary public. The key consideration here is her physical presence in the country at the time of notarization. In such cases, the affidavit can be validly notarized under Philippine law.

In short, while notarizing the affidavit in Austria and authenticating it through the consulate remains a valid and perhaps more straightforward option, notarizing the document here in the Philippines while your aunt is in the country can also suffice. Ensure that all other requirements are met, such as valid identification and proper documentation.