Letter to Attorney

Dear Attorney,

I hope this message finds you well. I am writing to inquire about the preparation and notarization of an Affidavit of Support and Guarantee. Specifically, I would like to ask how much this document typically costs in terms of legal fees and other associated charges. Furthermore, I am uncertain if one set of this document is sufficient or if I need two sets for my purpose.

Your guidance on this matter would be greatly appreciated. Thank you in advance for your assistance.

Sincerely,
A Concerned Client

Understanding the Affidavit of Support and Guarantee in the Philippines

An Affidavit of Support and Guarantee (ASG) is a legal document often required in various circumstances, such as visa applications, study permits, travel authorizations, and immigration-related matters. This affidavit serves as a formal declaration that the affiant (the person executing the affidavit) guarantees financial support for another individual and, in some cases, commits to covering potential liabilities.

This article provides an exhaustive discussion on the ASG, covering its legal basis, cost considerations, procedural requirements, and situations necessitating the preparation of multiple sets.

1. Legal Basis and Purpose

Under Philippine law, affidavits are recognized as voluntary declarations of facts made under oath. The Affidavit of Support and Guarantee is governed by general rules on affidavits found in the Rules of Court (Rule 132, Section 20), Civil Code provisions on obligations and contracts, and administrative regulations for specific uses (e.g., visa issuance by foreign embassies).

Typical Uses

Visa Applications: Many foreign embassies require an ASG to ensure that a visa applicant has sufficient financial backing.
Student Permits: Educational institutions may demand this document to guarantee that a foreign student’s tuition and living expenses will be covered.
Travel Requirements: Immigration authorities may request an ASG as proof that a minor or dependent traveler will be financially supported by a guardian or relative abroad.

The affidavit serves dual purposes:

Financial Assurance: It guarantees that the affiant will support the other party financially, avoiding public assistance or insolvency issues.
Guarantee of Compliance: In certain cases, the affiant guarantees compliance with specific conditions, such as the return of a visitor to their home country after a temporary stay.

2. Preparation and Content of the ASG

Essential Elements

An ASG typically includes the following:

Personal Details of the Affiant: Full name, address, nationality, and relationship to the supported individual.
Recipient Information: Name, address, and purpose of support (e.g., visa sponsorship, education, travel).
Declaration of Support: A clear statement that the affiant undertakes financial responsibility for the recipient.
Guarantee Clause: A clause specifying that the affiant assumes liability for any financial or legal obligations incurred by the supported individual.
Sworn Statement and Signature: The affidavit must be signed under oath before a notary public.

Optional Provisions

Depending on the purpose, the ASG may also include:

A duration clause specifying the time frame of support.
Specific financial limits or coverage (e.g., tuition, lodging, or medical expenses).
Additional guarantees required by the requesting party or agency.

3. Cost Considerations

Legal Fees

The cost of drafting an ASG varies widely depending on:

Complexity: Simple affidavits may cost less, while tailored ones with specific provisions or legal consultations cost more.
Lawyer’s Fees: Attorney fees in the Philippines are governed by the Code of Professional Responsibility, which requires reasonable and fair charges. Fees typically range from PHP 1,000 to PHP 5,000, depending on the lawyer’s expertise and location.

Notarial Fees

In the Philippines, notarial fees for affidavits are regulated. Rates generally range from PHP 200 to PHP 1,000 per document. Some law offices bundle drafting and notarization services.

Additional Costs

Embassy/Consular Fees: If the ASG must be authenticated by a consulate or embassy, expect to pay consular processing fees.
Translation Costs: When required for foreign use, official translations may incur additional expenses.

4. Requirement for Multiple Sets

The necessity for multiple sets depends on the context:

Visa Applications: Foreign embassies usually require an original and may accept a certified true copy as a duplicate.
Multiple Recipients: If the affidavit is for more than one person, separate documents might be required for each recipient.
Backup Copies: To avoid inconvenience, it is advisable to prepare at least two sets—one for submission and another for personal records.

Consulting with the requesting agency or institution will clarify the exact number of sets required.

5. Procedural Steps

Drafting

Engage a lawyer to draft the ASG. The legal professional ensures that all required details are included and the document adheres to legal standards.

Execution and Notarization

The affiant must sign the ASG in the presence of a notary public.
The notary verifies the affiant’s identity and administers the oath.

Authentication (If Required)

For use abroad, the ASG may need to be authenticated by the Philippine Department of Foreign Affairs (DFA) or an embassy.

6. Legal Implications and Limitations

Binding Obligation

An ASG creates a legally binding obligation. If the affiant fails to fulfill the commitment, legal action may ensue, including claims for damages.

Limitations

While the ASG serves as evidence of intent and capacity to support, it does not guarantee approval of visa or other applications. The decision remains at the discretion of the requesting agency.

7. Common Issues and Practical Tips

Common Issues

Insufficient Documentation: Omitting necessary details can render the ASG invalid.
Unreasonable Guarantees: Overly broad or vague guarantees may be legally unenforceable.
Improper Notarization: Non-compliance with notarial requirements may lead to rejection.

Practical Tips

Consult a Lawyer: Tailor the affidavit to meet specific requirements.
Prepare Multiple Copies: Ensure you have backups for all parties.
Verify Requirements: Confirm the specific format, wording, and number of sets with the requesting institution.

8. Conclusion

The Affidavit of Support and Guarantee is a crucial legal document in various situations requiring financial and legal assurances. Understanding its purpose, preparation, and associated costs ensures compliance with Philippine law and international requirements. For precise guidance, consulting a qualified lawyer is indispensable.