Affidavit of Undertaking (Philippines)
Document Title
REPUBLIC OF THE PHILIPPINES
AFFIDAVIT OF UNDERTAKING
Affidavit Body
I, [Affiant Name], [Affiant Age] years of age, [Affiant Civil Status], [Affiant Nationality], and a resident of [Affiant Address], after having been duly sworn to in accordance with law, do hereby depose and state that:
1. [Undertaking Context];
2. In connection with the foregoing, I hereby voluntarily and freely make the following undertakings and commitments to [Receiving Agency]:
a. [Undertaking1];
b. [Undertaking2];
c. [Undertaking3];
d. [Additional Undertakings];
3. The foregoing undertakings shall be in force and effect [Undertaking Period], unless sooner fulfilled or terminated by the supervening circumstances;
4. I understand that failure to comply with any of the foregoing undertakings may subject me to administrative, civil, or criminal liability, including but not limited to sanctions by [Receiving Agency];
5. I execute this Affidavit of Undertaking for the purpose of [Purpose Of Affidavit], freely and voluntarily without any threat, duress, or undue influence.
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. [Affiant C T C], issued at [Affiant C T C Place] on [Affiant C T C Date], and TIN [Affiant T I N].
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 20____.
Affiant
________________
Signature
Notary Public
________________
Signature
What Is a Affidavit of Undertaking (Philippines)?
An Affidavit of Undertaking in the Philippines sets out facts the deponent solemnly affirms to be true, in a form that can be relied on by a court or authority.
The Bureau of Internal Revenue (BIR) uses the Affidavit of Undertaking in various tax compliance contexts — taxpayers seeking BIR approval for installment payment of tax deficiencies, taxpayers enrolling in the Voluntary Assessment and Abatement Program (VAAP), and applicants for tax refund or tax credit who undertake to use the refund solely for tax payments. Under BIR Revenue Regulations and BIR Form requirements for specific transactions, the Affidavit of Undertaking commits the taxpayer to specific compliance actions and subjects the taxpayer to BIR audit if the commitment is not honored.
The Bureau of Immigration (BI) of the Philippines requires an Affidavit of Undertaking from Philippine resident sponsors of foreign visa applicants — the sponsor undertakes to confirm the foreign national departs the Philippines before the visa expires, does not engage in unauthorized employment, and complies with all Philippine immigration laws under Commonwealth Act 613 (Philippine Immigration Act of 1940) and its implementing rules. Under BI Memorandum Circular on visa extension requirements, the local guarantor or sponsor executes an Affidavit of Undertaking as part of the visa extension package.
Contractors, service providers, and government project implementers are frequently required to execute Affidavits of Undertaking under Republic Act No. 9184 (Government Procurement Reform Act) and the Implementing Rules and Regulations (IRR) of RA 9184 — committing to complete government projects on time, comply with technical specifications, maintain a performance security, and be liable for liquidated damages for delays. The Bids and Awards Committee (BAC) of government agencies standardly requires an Affidavit of Undertaking from bidders as part of the bid submission package.
For overseas employment, the Philippine Overseas Employment Administration (POEA, now Department of Migrant Workers or DMW) requires an Affidavit of Undertaking from licensed recruitment agencies committing to comply with POEA Rules and Regulations, the Standard Employment Contract, and RA 8042 (Migrant Workers Act) and its amendments under RA 10022. The recruitment agency's Affidavit of Undertaking is part of the agency license renewal documentation filed with the DMW.
When Do You Need a Affidavit of Undertaking (Philippines)?
An Affidavit of Undertaking in the Philippines is needed whenever a government agency, court, or private institution requires a sworn personal commitment to specific future conduct or compliance.
An Affidavit of Undertaking is needed when a foreign national's Philippine resident sponsor files a visa extension application with the Bureau of Immigration and must execute an undertaking to confirm the foreigner's compliance with Philippine immigration laws — including departure before visa expiry, no unauthorized employment, and adherence to the conditions of the visa.
An Affidavit of Undertaking is needed when a government project bidder under RA 9184 submits a bid to a Bids and Awards Committee and must commit under oath to honor all bid terms, maintain the bid validity period, provide the required performance security upon award, and complete the project in accordance with the approved plans and specifications.
An Affidavit of Undertaking is needed when a BIR taxpayer enters into an installment payment agreement for tax deficiencies assessed under a Letter of Authority (LOA) or Preliminary Assessment Notice (PAN), and the BIR requires a sworn commitment to pay the installments on schedule and to waive the right to contest the assessment in exchange for the installment privilege.
An Affidavit of Undertaking is needed when a released detainee or parolee under the Bureau of Corrections (BuCor) or Bureau of Jail Management and Penology (BJMP) must execute an undertaking to report regularly to their parole officer, remain within the jurisdiction, refrain from criminal activity, and comply with all conditions of parole or conditional release under Presidential Decree No. 968 (Probation Law).
An Affidavit of Undertaking is needed when a student who received a full scholarship must commit to maintaining the required GPA, completing the degree within the prescribed period, serving the return service obligation (RSO) in a designated government agency for CHED and DOST scholars, and repaying the scholarship as a loan if they fail to fulfill the RSO under RA 10612 (DOST-SEI Scholarship Act).
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.
What to Include in Your Affidavit of Undertaking (Philippines)
A valid Philippine Affidavit of Undertaking must contain the following elements.
Affiant Identification: Full legal name, age, civil status, nationality, complete address, TIN, and cedula (CTC) number with issuing municipality and date. For corporate or institutional affiants, the authorized representative's name, position, and corporate TIN should be stated.
Background / Recitals: A brief factual background establishing the context of the undertaking — the transaction, application, or relationship that gives rise to the commitment. For example, a visa sponsorship undertaking recites the foreign national's name, visa type, and the sponsor's relationship to the foreign national.
Specific Undertakings: A numbered list of the specific, concrete commitments being made — stated in clear, affirmative language: 'I undertake to...' or 'I commit to...' Each undertaking must be specific and measurable — vague commitments to 'comply with all laws' without specifying which laws and which conduct are not sufficient for government agency purposes.
Period of Undertaking: The specific period during which the commitments apply — 'from the date of this affidavit until [specific event],' 'for the duration of the visa validity period,' or 'for the term of the government contract.' A definite period prevents ambiguity about when the commitment expires.
Consequences of Non-Compliance: Where required by the receiving agency (BI, BAC, BIR, courts), a declaration of the affiant's acceptance of the consequences of non-compliance — payment of penalties, forfeiture of security, cancellation of permit, or submission to the jurisdiction of the relevant court or agency.
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 affiant's CTC and ID details recorded. For government procurement undertakings, the corporate secretary's certification of the officer's authority may also be required.
Additional compliance elements for a Affidavit of Undertaking (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.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Affidavit of Undertaking (Philippines) (Philippines) [Legal document template]. Forms Legal. https://forms-legal.com/philippines/personal/legal-declarations/affidavit-of-undertaking-philippines
"Affidavit of Undertaking (Philippines) (Philippines)." Forms Legal, 2026, https://forms-legal.com/philippines/personal/legal-declarations/affidavit-of-undertaking-philippines.
@misc{formslegal-affidavit-of-undertaking-philippines,
author = {{Forms Legal}},
title = {Affidavit of Undertaking (Philippines) (Philippines)},
year = {2026},
howpublished = {\url{https://forms-legal.com/philippines/personal/legal-declarations/affidavit-of-undertaking-philippines}},
note = {Free legal document template. Based on Civil Code of the Philippines (RA 386)}
}Frequently Asked Questions
An Affidavit of Undertaking in the Philippines has two distinct legal effects. First, as a notarized sworn statement under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), it creates perjury liability under Revised Penal Code Article 183 if any material statement in the affidavit is false — including false commitments made without genuine intent to comply. Second, as a contractual or administrative undertaking submitted to a government agency or court, it creates an enforceable obligation — the government agency may sanction non-compliance through permit revocation, license cancellation, disqualification from future transactions, or referral for criminal prosecution. For Bureau of Immigration undertakings, non-compliance (e.g., the foreign national overstays) may result in the sponsor being blacklisted from sponsoring future visa applicants. For BIR installment undertakings, the entire tax deficiency becomes immediately due and demandable if any installment is missed. The Affidavit of Undertaking is therefore both a moral and legal commitment.
The Bureau of Immigration (BI) requires an Affidavit of Undertaking from the Philippine-based guarantor or sponsor — not from the foreign tourist — when a foreign national applies for a tourist visa extension under Commonwealth Act 613 and BI Memorandum Circulars on visa extensions. The sponsor's Affidavit of Undertaking commits the sponsor to: (1) ensure the foreign national departs before the extended visa expires; (2) ensure the foreign national does not engage in unauthorized employment under BI Memorandum Circular 2013-001; (3) report any change in the foreign national's address or status to the BI; and (4) be jointly liable for any fines and penalties if the foreign national violates Philippine immigration laws. The BI application for tourist visa extension also requires the foreign national's passport, BI arrival card, and the appropriate extension fee (currently PHP 1,010–1,200 per extension depending on nationality). Not all visa extensions require a Philippine sponsor — tourists who apply personally at BI without a sponsor may not need an Affidavit of Undertaking from a third party.
Under Republic Act No. 9184 (Government Procurement Reform Act) and the 2016 Revised IRR (as further amended), government bidders are required to submit specific sworn statements and affidavits as part of their technical documents in the bid submission. The required sworn statements for RA 9184 bids include: (1) Omnibus Sworn Statement (the standard combined sworn statement on eligibility and legal capacity); (2) Affidavit of Site Inspection (for infrastructure projects); and (3) for joint venture bids, the JVA sworn undertaking. In addition to these standard requirements, specific government agencies' Bids and Awards Committees (BACs) may require a separate Affidavit of Undertaking committing the bidder to specific project completion milestones, liquidated damages acceptance, and post-qualification compliance. The Philippine Government Electronic Procurement System (PhilGEPS) publishes the complete documentary requirements for each solicitation, including whether a separate Affidavit of Undertaking is required beyond the Omnibus Sworn Statement. Bidders should review the Bid Data Sheet and Instruction to Bidders sections of each Bidding Document for agency-specific requirements.
An Affidavit of Undertaking cannot generally substitute for a surety bond in transactions where a surety bond is legally required — the two instruments serve different purposes. A surety bond is a three-party contract between the principal (the obligor), the obligee (the agency or party protected), and the surety company (the bonding company licensed by the Insurance Commission under RA 10607) — the surety company guarantees the principal's obligation and has financial resources to cover losses if the principal defaults. An Affidavit of Undertaking is a personal sworn commitment by the affiant, without a third-party financial guarantor. For government projects under RA 9184, performance security must be in the form of cash deposit, bank guarantee, irrevocable standby letter of credit, surety bond, or government securities — an Affidavit of Undertaking cannot replace any of these. However, for administrative purposes where the agency requires only a personal commitment rather than a financial security (e.g., BI visa sponsorship, BIR installment agreements, court undertakings in minor cases), an Affidavit of Undertaking is accepted as a sufficient personal guarantee.
A return service obligation (RSO) undertaking is an Affidavit of Undertaking executed by scholars of government scholarship programs — particularly DOST-SEI (Department of Science and Technology Science Education Institute) scholars under RA 10612 and CHED scholars under various scholarship programs — committing to serve in a Philippine government agency, state university, or DOST-accredited research institution for a specified period after completing their degree. Under DOST-SEI Scholarship guidelines, undergraduate scholars on full scholarship commit to serve in the Philippines for a period equal to the length of the scholarship (typically 4–5 years). Failure to fulfill the RSO requires the scholar to reimburse the full scholarship amount plus interest under the promissory note and Affidavit of Undertaking executed at the start of the scholarship. CHED Merit Scholarship Program scholars similarly execute an Affidavit of Undertaking committing to the RSO. The Affidavit of Undertaking for RSO compliance is typically notarized and submitted to the scholarship-granting agency at the time of scholarship acceptance, and a copy is retained by the scholar's academic institution as part of their scholarship records.
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
Found an error? Let us knowRelated Documents
You may also find these documents useful:
Affidavit of Support (Philippines)
A notarized Affidavit of Support for the Philippines in which a sponsor undertakes financial responsibility for a beneficiary's travel, visa application, or stay. Required by the Philippine Bureau of Immigration, Department of Foreign Affairs, and foreign embassies. Compliant with the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC).
Affidavit of Income (Philippines)
A notarized Affidavit of Income for the Philippines declaring the affiant's gross monthly or annual income from employment, business, or other sources. Required by government housing agencies (SHFC, NHA, Pag-IBIG), courts for support proceedings, DSWD for social welfare benefits, and scholarship applications. Compliant with the 2004 Rules on Notarial Practice.
Special Power of Attorney (Philippines)
A notarized Special Power of Attorney (SPA) for the Philippines that authorizes a named attorney-in-fact to act on behalf of the principal for specific transactions under the Civil Code of the Philippines (Republic Act 386). Compliant with the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC).