Sample Affidavit of Cohabitation
The Affidavit of Cohabitation is required for male employees who would be availing of the paternity leave under R.A. 8187, every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.
In the IRR of the law, “Paternity Leave” refers to the leave credits granted to a married male employee to allow him to earn compensation for seven (7) working days without reporting for work, provided that his spouse has delivered a child or had a miscarriage or an abortion for the purpose of lending support to his wife during her period of recovery and/or the nursing of the newly born child.
“Spouse” refers to the lawful wife. For this purpose, lawful wife refers to a woman who is legally married to the male employee concerned. “Cohabiting” refers to the obligation of the husband and wife to live together.
Conditions for entitlement of paternity leave benefits are:
- he is employed at the time of delivery of his child;
- he has notified his employer of the pregnancy of his wife and her expected date of delivery subject to the provisions of Section 4 hereof; and
- his wife has given birth, suffers a miscarriage or an abortion.
As soon as the married male employee learns that his spouse is pregnant, he shall inform his employer of such pregnancy and the expected date of delivery within a reasonable period of time.
The employee shall accomplish a Paternity Notification Form to be provided for by the employer and submit the same to the latter, together with a copy of his marriage contract, or where not applicable, any proof of marriage. The notification requirement shall not apply in cases of miscarriage or abortion.
Any employee who has availed of the paternity benefits shall, within a reasonable period of time, submit a copy of the birth certificate of the newly born child, death or medical certificate in case of miscarriage or abortion, duly signed by the attending physician or midwife showing actual date of childbirth, miscarriage or abortion, as the case may be.
The paternity benefits may be enjoyed by the qualified employee before, during or after the delivery by his wife. The total number of days shall not exceed seven (7) working days for each delivery. This benefit shall be availed of not later than sixty (60) days after the date of said delivery.
The best proof of cohabitation is the affidavit. This template for Affidavit uses fictional name for purposes of illustration only. It contains the name, nationality, residence, and basic allegations.
It is important to state the place of cohabitation, the name of spouse, proof of valid marriage (marriage contract), validating proof of place of cohabitation (barangay captain’s certification), declaration of provision of support as spouses, and purpose of the Affidavit.
While it seems obvious, it should be properly signed and notarized.