Question & AnswerQ&A (IRR Republic Act No. 10906)
The rules and regulations are known and cited as "The Rules and Regulations Implementing Republic Act No. 10906."
The purpose is to prescribe procedures and guidelines for implementing Republic Act No. 10906 to facilitate compliance and achieve its objectives.
The State policy is to protect the individual rights of Filipinos by preventing exploitation through unlawful practices, businesses, and schemes offering Filipinos for marriage or common-law partnership to unscrupulous foreign nationals.
A "Mail Order Spouse Scheme" is a strategy of matching a Filipino to a foreign national for a fee, either by personal introduction, publication, advertisement, clubs, associations, or through internet websites and online platforms for purposes of marriage or common-law partnership.
It refers to a conjugal relationship between a Filipino and a foreign national created by mere agreement and actual cohabitation without the solemnities of marriage.
Reports can be made to the nearest law enforcement agencies like PNP or NBI, barangay authorities, government agencies implementing programs against mail order spouse schemes, or through specific hotlines and overseas Philippine Embassies or Consulates.
Within 48 hours, they must act on the case, gather pertinent information, coordinate with relevant agencies, evaluate information to support filing a case or investigation, and if necessary, conduct further investigation or rescue operations.
Assistance includes temporary or emergency shelter, counselling, free legal services, medical and psychological services, food, 24-hour crisis call center, and coordination assistance with law enforcement and the DOJ.
The victim or any person with personal knowledge of the commission of any prohibited acts under Section 3 of the Act may file a complaint.
Imprisonment for 15 years and a fine between Five Hundred Thousand Pesos (₱500,000) and One Million Pesos (₱1,000,000). If committed by a syndicate or large scale, penalty is 20 years imprisonment and fines between Two Million Pesos (₱2,000,000) and Five Million Pesos (₱5,000,000).
Unlawful acts include engaging in mail order spouse business for a fee, advertising or promoting such acts, soliciting Filipinos to join clubs for matching with foreign nationals for marriage or partnership for a fee, and using postal or internet services to promote these prohibited acts.
No, legitimate dating websites meant to connect individuals for personal and dating relationships are not covered, provided they are not used as alternatives for mail order spouse schemes.
CFO conducts guidance and counselling programs (GCP) for Filipinos engaged in intermarriage, maintains watch lists on foreign nationals and local or foreign marriage brokers violating the Act, collects data and conducts research, and leads information campaigns against mail order spouse schemes.
The DFA provides resources and facilities overseas to assist victims, offers free temporary shelter and services, manages care through Foreign Service Posts, and enforces compliance with pre-departure counselling for Filipino fiance(e)s and spouses of foreign nationals.
The court shall order confiscation and forfeiture of all proceeds and properties derived from the crime in favor of the government, unless owned by a third person not liable for the unlawful act. Awards for damages shall come from the offender's personal and separate properties or confiscated properties if insufficient.