Question & AnswerQ&A (Republic Act No. 10906)
The short title of Republic Act No. 10906 is the 'Anti-Mail Order Spouse Act.'
The main policy is to protect and guarantee the individual rights of Filipino people by preventing exploitation and protecting them from unlawful practices involving matching or offering Filipinos to foreign nationals for marriage or common law partnership which may cause abuse, exploitation, prostitution, or violence.
It is unlawful to: (a) engage in businesses or schemes offering Filipinos to foreign nationals for marriage or partnership for money or profit on a mail-order basis or through personal introduction, email, or websites; (b) promote such acts through advertising or distribution of related materials; (c) solicit Filipinos to join clubs or associations aiming to match Filipinos to foreigners for marriage for a fee; and (d) use postal or internet services to promote these prohibited acts.
No, legitimate dating websites that connect individuals sharing interests to cultivate personal and dating relationships are not covered by this Act.
Any person found guilty shall face imprisonment for 15 years and a fine between P500,000 and P1,000,000. Abettors or cooperators face the same penalty. If committed by a syndicate (3 or more persons) or on a large scale (3 or more victims), the penalty increases to 20 years imprisonment and a fine of P2 million to P5 million.
Such a person is punished as an accessory with imprisonment of 10 years and a fine of P100,000 to P500,000.
They shall be immediately deported after serving their sentence and paying the fine, and permanently barred from entering the Philippines.
Yes, penalties can be imposed on the owner, president, partner, manager, or responsible officer who participated, permitted, or failed to prevent the commission 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, and damages shall be taken from the offender’s properties. If properties are destroyed or hidden, the offender must pay an amount equal to their value.
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 preventive, protective, rehabilitative programs and other services for victims.
The criminal action can be filed where the offense was committed, where any element occurred, or where the victim resides. The court where first filed shall have exclusive jurisdiction.
The Department of Justice (DOJ), in coordination with DFA, DSWD, CFO, PCW, and relevant NGOs, shall promulgate the necessary rules and regulations within 90 days of the Act's approval.
It repealed Republic Act No. 6955, also known as the Anti-Mail Order Bride Law.