Affidavit Of Support Guarantee And Consent Template for the Philippines
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What is a Affidavit Of Support Guarantee And Consent?
The Affidavit of Support, Guarantee and Consent is a crucial document in Philippine legal practice, particularly in immigration and sponsorship contexts. It is commonly required when a Filipino citizen or permanent resident wishes to sponsor foreign nationals, students, or family members for various purposes. The document serves multiple functions: it establishes the affiant's commitment to financial support, provides necessary guarantees regarding the beneficiary's conduct and compliance with laws, and includes specific consent elements as required by Philippine authorities. This affidavit must be properly notarized and often requires supporting documentation to prove the affiant's financial capacity. It is frequently used in visa applications, school admissions, and employment sponsorship cases, and must comply with requirements set forth by the Bureau of Immigration, Department of Foreign Affairs, and other relevant government agencies.
About the Affidavit Of Support Guarantee And Consent
An Affidavit of Support, Guarantee and Consent is a sworn statement that legally binds you to provide financial support and guarantees for another person under Philippine law. This document creates enforceable obligations that extend beyond mere promises, establishing your formal commitment to support a beneficiary's living expenses, legal compliance, and potential liabilities during their stay or activities in the Philippines.
When do you need this document?
You'll need this affidavit when sponsoring foreign nationals for immigration purposes, supporting international students for educational visas, or guaranteeing family members for various legal processes. The Bureau of Immigration typically requires this document for tourist visa extensions, student visa applications, and family reunification cases. Educational institutions often mandate affidavits of support for foreign students to prove financial backing for tuition and living expenses. Employers may also request this document when sponsoring foreign workers, and it's commonly required for medical tourism cases where foreign patients need local guarantors.
Key legal considerations
Your affidavit creates binding legal obligations under the Philippine Civil Code's provisions on guarantees and suretyship. You become personally liable for the beneficiary's financial support, potential overstaying penalties, and compliance with Philippine laws. The document must clearly specify the scope and duration of your guarantee, including monthly support amounts, covered expenses, and termination conditions. Include provisions for emergency situations, medical expenses, and repatriation costs if required. Be aware that your guarantee may extend to immigration violations, unpaid debts, or legal violations committed by the beneficiary, making careful consideration of the beneficiary's character and intentions crucial.
Legal requirements in Philippines
Under the Notarial Law of 2004, your affidavit must be properly notarized with valid identification and personal appearance before a notary public. The Immigration Act of 1940 requires specific information including complete beneficiary details, relationship declarations, and financial capacity proof. You must provide supporting documents such as bank statements, employment certificates, income tax returns, and property titles to substantiate your financial claims. The document must include your complete personal information, beneficiary's passport and visa details, and specific guarantees regarding their conduct and compliance. Additional requirements may include co-guarantor signatures for high-risk cases, updated financial statements within 30 days of submission, and authentication by Philippine consulates for overseas execution.
GOVERNING LAW
Applicable law
This Affidavit Of Support Guarantee And Consent is drafted to comply with Philippines law. Key legislation includes:
Philippine Civil Code (Republic Act No. 386): Provides the basic legal framework for obligations, contracts, and guarantees in the Philippines, particularly Articles 1157-1178 on the nature and effect of obligations.
Philippine Immigration Act of 1940 (Commonwealth Act No. 613): Regulates immigration matters and requirements for supporting documents, including affidavits of support for foreign nationals.
Rules of Court (Rule 108): Provides guidelines on the proper execution and use of affidavits in legal proceedings and their evidential value.
Anti-Perjury Law (Article 183 of the Revised Penal Code): Defines and penalizes the making of false statements under oath, which is relevant for affidavit preparation and execution.
Bureau of Immigration Memorandum Order No. RAJ-07-015: Specifies requirements for Affidavits of Support and Guarantee for foreign nationals, including financial capacity requirements of sponsors.
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