QuestionsQuestions (Republic Act No. 10906)
The law’s short title is the “Anti-Mail Order Spouse Act.” Its policy is to protect and guarantee the individual rights of Filipinos by preventing exploitation and unlawful schemes that offer Filipinos for marriage/common-law partnership to unscrupulous foreign nationals, exposing them to abuse, exploitation, prostitution, and violence.
It is unlawful to engage in any business or scheme for profit or other consideration whose purpose is matching or offering a Filipino to a foreign national for marriage or common-law partnership on a mail-order basis or through personal introduction, email, or websites on the internet.
It is unlawful to exhibit, advertise, publish, print, or distribute (or cause such acts) brochures, flyers, or propaganda materials calculated to promote the prohibited matching/offering acts, including uploading or posting such materials through websites on the internet.
It prohibits soliciting, enlisting, attracting, or inducing any Filipino to become a member of any club or association whose objective is to match Filipino nationals to foreign nationals for marriage or common-law partnership for a fee.
Using the postal service or any website on the internet to promote the prohibited acts is itself prohibited, except that legitimate dating websites connecting individuals with shared interests to cultivate dating relationships are not covered.
RA 10906 targets schemes/businesses that match or offer Filipinos to foreign nationals for marriage or common-law partnership. Legitimate dating websites are excluded as long as their purpose is connecting individuals with shared interests for dating, not matching/offering for marriage/common-law partnership under the prohibited model.
Imprisonment of fifteen (15) years and a fine of not less than ₱500,000 but not more than ₱1,000,000.
They suffer the same penalty as the principal: fifteen (15) years imprisonment and a fine of not less than ₱500,000 but not more than ₱1,000,000.
If the prohibited act is committed by a syndicate or on a large scale. Syndicate means a group of three (3) or more persons conspiring or confederating. Large scale means committed against three (3) or more persons individually or as a group.
A penalty of ten (10) years imprisonment and a fine of not less than ₱100,000 but not more than ₱500,000 for those with knowledge who profit from the unlawful acts and assist the offender to profit without participating as principal or accomplice.
The foreign offender shall be immediately deported after serving the sentence and payment of fine and shall be barred permanently from entering the country.
The penalty is imposed on the owner, president, partner, manager, or any responsible officer who participated in the commission of the prohibited acts or who knowingly permitted or failed to prevent their commission.
The court may suspend or revoke the license or permit to operate in the Philippines of advertising agencies, newspaper/magazine publishers, TV/radio stations, internet websites, or other entities that commit any of the prohibited acts.
The court shall order confiscation and forfeiture of all proceeds and properties derived from the offense in favor of the government; awards for damages come from personal and separate properties of the offender, and if insufficient, from confiscated/forfeited properties. If proceeds/properties are destroyed/diminished/hidden, the offender must pay an amount equal to the value of proceeds/property/instruments.
The law mandates preventive, protective, and rehabilitative programs for victims: DFA (overseas resources, free legal assistance, shelters with DOLE coordination), DSWD (case management, accreditation of NGOs, shelter/food, psychological support, 24-hour call center, law enforcement coordination, DOJ coordination), DOJ (prosecution and free legal assistance mechanism with DSWD/IBP/NGOs), PCW (policy formulation/monitoring and advocacy), and CFO (pre-departure counseling for intermarried Filipinos, accreditation of counselors/NGOs, data collection and info campaigns with relevant agencies/LGUs/PIA/NGOs).
File the criminal action in the place where the offense was committed, where any element occurred, or where the victim actually resides. The court where the action is first filed acquires jurisdiction to the exclusion of other courts.
The DOJ, coordinated with DFA, DSWD, CFO, PCW, and NGOs, must promulgate the necessary IRR within 90 days from approval. The Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.