Affidavit of Guardianship (Philippines)
Document Title
REPUBLIC OF THE PHILIPPINES
AFFIDAVIT OF GUARDIANSHIP
Affidavit Body
I, [Guardian Name], [Guardian Age] years of age, [Guardian Civil Status], [Guardian Nationality], and a resident of [Guardian Address], after having been duly sworn to in accordance with law, do hereby depose and state that:
1. I am the [Guardian Relationship] of [Child Name], a minor child born on [Child D O B], currently [Child Age] years of age, whose PSA birth certificate bears No. [Child Birth Cert No]. The child's parents are [Father Name] (father) and [Mother Name] (mother);
2. The guardianship arrangement is necessitated by the following circumstances: [Parents Status];
3. I have voluntarily assumed responsibility for the care, custody, education, and general welfare of the said minor child. The scope of my authority as guardian includes: [Guardianship Scope];
4. I am of good moral character, physically capable, and financially able to provide for the needs of the said minor child. I undertake to act in the best interest and welfare of [Child Name] in all decisions made on the child's behalf;
5. This guardianship arrangement shall be in effect [Guardianship Duration], unless earlier terminated by the return of the parents, a court order, or other supervening circumstances;
6. I execute this Affidavit of Guardianship for the purpose of [Guardianship Purpose], and for whatever other legal purpose it may serve.
IN WITNESS WHEREOF, I hereunto set my hand this [Execution Date] at [Execution City], Philippines.
Jurat
SUBSCRIBED AND SWORN to before me this ______ day of ______________, 20____ at [Execution City], Philippines. Affiant exhibited to me his/her Community Tax Certificate No. [Guardian C T C], issued at [Guardian C T C Place] on [Guardian C T C Date], and TIN [Guardian T I N].
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 20____.
Guardian / Affiant
________________
Signature
Notary Public
________________
Signature
What Is a Affidavit of Guardianship (Philippines)?
An Affidavit of Guardianship in the Philippines formalises the family arrangement between the parties, fixing their respective duties and entitlements.
The Affidavit of Guardianship differs from court-ordered guardianship under the Rules of Guardianship (A.M. No. 03-02-05-SC) and the Family Code of the Philippines (EO 209, 1988), Arts. 209–233. Formal legal guardianship is a judicial proceeding before the Family Court (a designated branch of the Regional Trial Court under RA 8369, Family Courts Act) and is required for major decisions involving property rights, legal proceedings, and permanent custody. An Affidavit of Guardianship, by contrast, is an informal administrative arrangement recognized by Philippine agencies for day-to-day care decisions without the full force of a court order.
The Bureau of Immigration (BI) requires a notarized Affidavit of Guardianship — typically combined with a Travel Clearance for Minors (TCM) under BI Memorandum Circular MCL-07-001 — when a minor Filipino citizen travels abroad with a non-parent guardian (aunt, uncle, grandparent, family friend). The BI verifies the guardianship affidavit alongside the minor's PSA birth certificate and the guardian's government-issued ID before issuing the TCM.
The Department of Education (DepEd) and private schools accept an Affidavit of Guardianship for enrollment of a child whose parents are abroad (OFWs), deceased, or otherwise unable to personally enroll the child. DepEd Order No. 023-11 (2011) on school enrollment and DepEd implementing rules recognize the Affidavit of Guardianship as evidence of parental delegation for enrollment purposes.
The Social Security System (SSS), PhilHealth, and Pag-IBIG accept Affidavits of Guardianship for a guardian to claim benefits on behalf of a deceased member's minor child-beneficiary, under the respective agencies' benefit claim procedures and under Civil Code Article 325 on guardians as administrators of minor beneficiaries' property.
The legal framework governing the Affidavit of Guardianship (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a Affidavit of Guardianship (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Civil Code of the Philippines (RA 386) sets the foundational requirements.
When Do You Need a Affidavit of Guardianship (Philippines)?
An Affidavit of Guardianship in the Philippines is needed whenever an adult who is not a parent must demonstrate authority to act on behalf of a minor child in administrative, educational, or government proceedings.
An Affidavit of Guardianship is needed when an OFW parent leaves their minor child in the care of a grandparent, aunt, uncle, or trusted family friend in the Philippines, and the guardian must enroll the child in school, accompany the child to medical appointments, or consent to medical procedures on the child's behalf.
An Affidavit of Guardianship is needed when a minor Filipino child must travel abroad with a non-parent guardian — the Bureau of Immigration requires a notarized Affidavit of Guardianship from the guardian, along with a BI Travel Clearance for Minors under BI MCL-07-001 and a Travel Clearance executed by the non-accompanying parent(s).
An Affidavit of Guardianship is needed when both parents of a minor are deceased and a relative has informally assumed custody, and the DSWD, Barangay Child Protection Committee, or school requires documentation of the guardian's authority over the child under RA 9262 (Anti-Violence Against Women and Their Children Act) child protection protocols.
An Affidavit of Guardianship is needed when a guardian must claim SSS death benefits, PhilHealth burial assistance, or Pag-IBIG death benefits on behalf of a minor child who is a named beneficiary of a deceased SSS/PhilHealth/Pag-IBIG member — the agencies require proof of the guardian's authority to receive benefits on the child's behalf.
An Affidavit of Guardianship is needed when a grandparent or relative in the Philippines must consent to a minor's medical treatment — Philippine hospitals and clinics under DepEd and DOH guidelines require a parent's or legal guardian's written consent for medical procedures, and an Affidavit of Guardianship serves as evidence of the non-parent guardian's authority to give such consent.
What to Include in Your Affidavit of Guardianship (Philippines)
A valid Philippine Affidavit of Guardianship must contain the following elements.
Guardian Identification: Full legal name, age, civil status, nationality, complete address, TIN, and cedula (CTC) number with issuing municipality and date of the guardian. Relationship to the child (aunt, uncle, grandparent, family friend). Government-issued ID type and number.
Minor Child Identification: Full legal name, date of birth, age, sex, and PSA birth certificate reference number of the minor child. Names of the child's biological parents. Any existing custody arrangement or court order should be noted.
Parental Consent or Explanation: Where both parents are alive but absent (OFWs, migrants), the affidavit should state that the parents are aware of and consent to the guardianship arrangement. A separate Travel Clearance executed by both parents (for travel purposes) may be required by the Bureau of Immigration in addition to the guardian's affidavit. Where one or both parents are deceased, the relevant PSA death certificate should be referenced.
Scope of Guardian's Authority: A description of the specific responsibilities and authorities assumed by the guardian — care and custody, school enrollment and attendance, medical consent, government agency representation, travel authority, and benefit claim authority. The scope should match the purpose for which the affidavit is being submitted.
Duration of Guardianship: The period for which the guardianship arrangement applies — for OFW parents, typically the duration of the overseas employment contract; for orphaned children, until formal court-ordered guardianship is obtained or until the child reaches 18 years of age.
Jurat Block: Executed as a sworn statement under Section 2(a) of the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), with the guardian's CTC and ID details recorded. Two disinterested witnesses who can attest to the guardianship arrangement from personal knowledge should sign the affidavit.
Additional compliance elements for a Affidavit of Guardianship (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Affidavit of Guardianship (Philippines) (Philippines) [Legal document template]. Forms Legal. https://forms-legal.com/philippines/personal/legal-declarations/affidavit-of-guardianship-philippines
"Affidavit of Guardianship (Philippines) (Philippines)." Forms Legal, 2026, https://forms-legal.com/philippines/personal/legal-declarations/affidavit-of-guardianship-philippines.
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author = {{Forms Legal}},
title = {Affidavit of Guardianship (Philippines) (Philippines)},
year = {2026},
howpublished = {\url{https://forms-legal.com/philippines/personal/legal-declarations/affidavit-of-guardianship-philippines}},
note = {Free legal document template. Based on Civil Code of the Philippines (RA 386)}
}Also available for these jurisdictions:
Frequently Asked Questions
No. An Affidavit of Guardianship is an informal administrative document, while court-ordered guardianship is a formal judicial proceeding. Court-ordered guardianship under the Rules of Guardianship (A.M. No. 03-02-05-SC, 2003) and the Family Code Articles 209–233 is granted by the Family Court (a designated branch of the Regional Trial Court under RA 8369). Court-ordered guardianship grants the guardian full legal authority over the minor's person and property, subject to annual accounting to the court. An Affidavit of Guardianship, by contrast, is a sworn statement that an adult has assumed day-to-day care responsibility — it is accepted by schools, hospitals, the Bureau of Immigration, and government benefit agencies for routine transactions but does not grant the guardian authority to sell the minor's property, collect large sums, or pursue legal proceedings on the child's behalf. For these more significant matters, a court-ordered guardianship petition before the Regional Trial Court is required. Legal counsel and DSWD coordination are recommended when guardianship involves a vulnerable or abandoned child.
For a minor Filipino citizen to travel abroad with a non-parent guardian, the Bureau of Immigration requires the following under BI Memorandum Circular MCL-07-001: (1) a notarized Affidavit of Guardianship executed by the guardian; (2) a notarized Travel Clearance or Waiver executed by both parents (or surviving parent) allowing the child to travel with the guardian — the BI-prescribed form is available at the BI main office (Magallanes Drive, Intramuros, Manila) or BI satellite offices; (3) the minor's PSA-authenticated birth certificate; (4) the minor's Philippine passport; (5) the guardian's valid Philippine passport and government-issued ID; and (6) the BI Travel Clearance for Minors (TCM) application form. The TCM application is filed at the BI main office or BI field offices. The BI officer interviews the child and the guardian before issuing the TCM. Processing time is approximately 1-3 working days. For minors traveling with only one parent, the other parent's notarized consent is required unless the other parent is deceased (PSA death certificate required) or has sole parental authority (court order required).
Yes. A grandparent may execute a notarized Affidavit of Guardianship for their grandchild in the Philippines. Under the Family Code Article 216, in the absence or incapacity of the parents, the surviving grandparent assumes parental authority over minor grandchildren. This means that grandparents have a legally recognized basis for executing an Affidavit of Guardianship when the parents are absent (OFWs), deceased, or incapacitated. Philippine schools, hospitals, the Bureau of Immigration, and government agencies routinely accept Affidavits of Guardianship from grandparents. For OFW situations where both parents are abroad, the DSWD recognizes grandparent-guardians under the Overseas Filipino Workers and their Families Protection Act (RA 10022) implementing guidelines. The grandparent's Affidavit of Guardianship should reference the parents' names, their current location, and the basis for the grandparent's assumption of care — whether by parental request, parental death, or abandonment.
For informal guardianship arrangements in a family setting — where grandparents, aunts, uncles, or trusted relatives care for a child in the absence of OFW parents — DSWD clearance is not always required. An Affidavit of Guardianship is generally sufficient for school enrollment, hospital consent, Bureau of Immigration travel clearance, and government benefit claims. However, the Department of Social Welfare and Development (DSWD) becomes involved and may require DSWD clearance or a formal Child Placement Agreement when: (1) the guardian is not related to the child by blood or legal adoption; (2) the guardianship appears to involve a commercially exploitative situation (DSWD's Memorandum Circular 07-2022 on child placement); (3) the child is being placed in a foster home or residential care facility; or (4) international adoption or international travel for work purposes is involved. Under RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination), informal child placement arrangements must be reported to the barangay and the DSWD if the child is not related to the custodian. DSWD Field Offices have jurisdiction over child welfare matters in each region.
Yes. Philippine public and private schools accept a notarized Affidavit of Guardianship for enrollment when the parents are unable to personally enroll the child. DepEd Order No. 023-11 (2011) and its implementing guidelines recognize that guardian-enrollment by a parent-authorized adult is valid, particularly for children of OFWs and domestic workers. For public school enrollment in the Department of Education system, the school principal or enrollment officer accepts the Affidavit of Guardianship together with the child's PSA birth certificate (or NSO certificate for older documents), Form 137 (school records from prior school), and Form 138 (Report Card). Private schools may have additional enrollment requirements. The guardian who enrolls the child assumes responsibility for signing school-related consent forms, attending parent-teacher conferences, and making educational decisions for the child during the guardianship period. If the parents return to the Philippines, they may re-assume enrollment rights by personally appearing at the school and presenting appropriate identification.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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