Affidavit Of Support And Guarantee Template for the Philippines
Generate a bespoke document
What is a Affidavit Of Support And Guarantee?
The Affidavit of Support and Guarantee is a crucial document in Philippine legal practice, utilized when one party needs to formally commit to supporting another individual. This document is commonly required in various situations such as visa applications, school admissions, employment arrangements, or medical treatment guarantees. The affidavit must be executed in accordance with Philippine law, particularly following the requirements of the Civil Code, Notarial Law, and when applicable, Immigration Act. It typically includes detailed information about the affiant's financial capacity, specific support commitments, and duration of the guarantee. The document serves as both a formal declaration under oath and a legally binding commitment, making it essential for the affiant to fully understand their obligations before execution. The usage of an Affidavit of Support and Guarantee has become increasingly important in international transactions and mobility, especially in cases involving overseas education, employment, or immigration.
About the Affidavit Of Support And Guarantee
When you need to formally guarantee financial or other support for another person in the Philippines, an Affidavit of Support and Guarantee provides the legal framework for this commitment. This sworn document creates binding obligations under Philippine law and is essential for various personal, educational, and immigration purposes.
When do you need this document?
You'll need an Affidavit of Support and Guarantee when applying for tourist or student visas where you're sponsoring a foreign national's visit to the Philippines. Educational institutions frequently require this document when a student cannot demonstrate independent financial capacity for tuition and living expenses. Immigration officers demand these affidavits for family reunification cases, particularly when sponsoring relatives for permanent residence. Medical facilities may request this guarantee before providing expensive treatments or procedures when the patient lacks adequate insurance coverage. Employment situations sometimes require support affidavits when hiring foreign workers or when employees need financial backing for work-related obligations.
Key legal considerations
Your financial capacity declaration must be accurate and verifiable, as false statements constitute perjury under the Revised Penal Code. The support commitment becomes legally enforceable once notarized, meaning you can be held liable for the promised financial obligations. You must clearly specify the duration, scope, and monetary limits of your support to avoid unlimited liability. The relationship between you and the beneficiary should be clearly established, as this affects the legal interpretation of your obligations. Consider including termination clauses for specific circumstances such as the beneficiary's change in status or your own financial hardship. The guarantee typically covers living expenses, medical costs, educational fees, and potential deportation expenses in immigration cases.
Legal requirements in Philippines
Under the Civil Code, your affidavit must meet formal contract requirements including clear terms, consideration, and legal capacity of parties. The Immigration Act of 1940 mandates specific financial thresholds and documentary requirements when the affidavit supports visa applications, including proof of income, bank statements, and tax returns. Notarization under the Notarial Law of 2004 requires your personal appearance before a notary public with valid identification and supporting financial documents. You must provide complete personal information including full name, age, citizenship, civil status, and current address. The beneficiary's details must be equally comprehensive and accurate. Financial capacity statements require supporting documentation such as employment certificates, business permits, bank certificates, or property titles. Some agencies may require additional documents like clearances from the Bureau of Internal Revenue or certification from your employer regarding salary and employment status.
GOVERNING LAW
Applicable law
This Affidavit Of Support And Guarantee is drafted to comply with Philippines law. Key legislation includes:
Philippine Immigration Act of 1940 (Commonwealth Act No. 613): Provides requirements for Affidavits of Support in immigration contexts, including financial capacity requirements and obligations of guarantors.
Notarial Law of 2004 (Republic Act No. 2711): Sets requirements for the proper execution and notarization of affidavits, including the form, content, and procedure for notarization.
Revised Penal Code of the Philippines (Act No. 3815): Articles 171-174 cover falsification of documents and false testimonies, relevant for ensuring truthful declarations in the affidavit.
Rules of Court (Rule 132): Provides rules on the presentation and admissibility of documents, including requirements for affidavits as evidence.
Explore 208,390+ legal templates
Explore 208,390+ legal templates
Genie's Security Promise
Genie is the safest place to draft. Here's how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie's AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it