Question & AnswerQ&A (Republic Act No. 10906)
The short title of Republic Act No. 10906 is the "Anti-Mail Order Spouse Act."
The policy of the State is to protect and guarantee the individual rights of Filipinos by preventing exploitation and protecting them from unlawful practices, businesses, and schemes that offer Filipinos for marriage to unscrupulous foreign nationals, exposing them to abuse, exploitation, prostitution, and violent situations.
The prohibited acts include: (a) Engaging in business or schemes matching or offering Filipinos to foreign nationals for marriage or common law partnership for profit; (b) Exhibiting, advertising, publishing materials promoting such acts; (c) Soliciting or inducing Filipinos to join clubs or associations for this purpose for a fee; (d) Using postal services or internet websites to promote these acts.
No, legitimate dating websites that connect individuals with shared interests to cultivate personal and dating relationships are not covered by this Act.
Any person found guilty shall be punished with imprisonment for 15 years and a fine of not less than P500,000 but not more than P1,000,000. If committed by a syndicate or on a large scale, the penalty increases to 20 years imprisonment and a fine ranging from P2,000,000 to P5,000,000.
A syndicate is defined as a group of three (3) or more persons conspiring or confederating with one another to commit the prohibited acts.
Accessories who profit from or assist the offenders without direct participation shall suffer 10 years imprisonment and a fine ranging from P100,000 to P500,000.
The foreign offender shall be deported immediately after serving the sentence and payment of fine and shall be permanently barred from entering the Philippines.
The court shall order confiscation and forfeiture of all proceeds and properties derived from the commission of the prohibited acts in favor of the government, and damages shall be taken from the offender's personal and confiscated properties.
The Department of Foreign Affairs (DFA), Department of Social Welfare and Development (DSWD), Department of Justice (DOJ), Philippine Commission on Women (PCW), and Commission of Filipino Overseas (CFO) are mandated to implement respective preventive, protective, and rehabilitative programs for the victims.