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.

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.

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.