Anti-Mail Order Spouse Act: prohibits matching FilipiNo.to foreigners

Policy and purpose

The State must protect and guarantee the individual rights of the Filipino people (Section 2).
The State must prevent the exploitation of Filipinos (Section 2).
The State must protect Filipinos from unlawful practices, businesses, and schemes that offer Filipinos for marriage to unscrupulous foreign nationals (Section 2).
The Act targets schemes that expose Filipinos to abuse, exploitation, prostitution, and violent situations (Section 2).

Prohibited acts under the Act

It is unlawful for any person, whether natural or juridical, to commit, directly or indirectly, the acts enumerated in Section 3 (Section 3).
It is prohibited to engage in any business or scheme for money, profit, or any material, economic, 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 (Section 3(a)).
It is prohibited to exhibit, advertise, publish, print, distribute, or cause the exhibition, advertisement, publication, printing, or distribution of brochures, flyers, or propaganda materials calculated to promote the prohibited matching or offering, including posting, advertising, or uploading them through websites on the internet (Section 3(b)).
It is prohibited to solicit, enlist, or in any manner attract or induce 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 (Section 3(c)).
It is prohibited to use the postal service or any website on the internet to promote the prohibited acts (Section 3(d)).
Legitimate dating websites that connect individuals with shared interests to cultivate personal and dating relationships are not covered by Republic Act No. 10906 (Section 3).

Penalties and aggravated liability

Any person found guilty by the court of any prohibited act under Section 3 must suffer imprisonment for fifteen (15) years and a fine of not less than PHP 500,000 but not more than PHP 1,000,000 (Section 4).
Any person who abets or cooperates in the execution of the prohibited acts by previous or simultaneous acts must suffer the same penalty (Section 4).
If the prohibited act is committed by a syndicate or on a large scale, the penalty becomes imprisonment for twenty (20) years and a fine of not less than PHP 2,000,000 but not more than PHP 5,000,000 (Section 4).
A prohibited act is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another (Section 4).
A prohibited act is deemed committed on a large scale if committed against three (3) or more persons, individually or as a group (Section 4).
A person with knowledge who profits from the unlawful acts and assists the offender to profit, without having participated as principal or accomplice, is punished as an accessory with imprisonment for ten (10) years and a fine of not less than PHP 100,000 but not more than PHP 500,000 (Section 4).
If the offender is a foreigner, the offender must be immediately deported after serving the sentence and payment of the fine and is barred permanently from entering the country (Section 4).
If the offender is a corporation, partnership, association, club, establishment, or any juridical person, the penalty is imposed on the owner, president, partner, manager, or any responsible officer who participated in the commission or who knowingly permitted or failed to prevent the commission (Section 4).
The court may suspend or revoke the license or permit to operate in the Philippines of the advertising agency, newspaper, and magazine publisher, television or radio station, internet websites, or other entities that commit any prohibited act (Section 4).

Confiscation and forfeiture rules

The court must order the confiscation and forfeiture of all proceeds and properties derived from the commission of the prohibited act in favor of the government (Section 5).
Awards for damages must be taken from the offender’s personal and separate properties; if insufficient, the balance must be taken from the confiscated and forfeited properties (Section 5).
If proceeds, properties, and instruments of the offense have been destroyed, diminished in value, or otherwise rendered worthless due to acts or omissions of the offender, or have been concealed, removed, converted, or transferred to prevent or avoid forfeiture or confiscation, the offender must be ordered to pay an amount equal to the value of the proceeds, property, or instruments (Section 5).

Mandatory protective and rehabilitative programs

The government must establish and implement preventive, protective, and rehabilitative programs for victims of the unlawful acts and practices under Section 3 (Section 6).
The following agencies implement the respective programs under Section 6:

Department of Foreign Affairs (DFA) duties

The DFA must make available resources and facilities overseas for victims of mail-order marriage and other similar schemes regardless of their manner of entry to the receiving country (Section 6(a)).
The DFA must provide Filipino victims overseas with free legal assistance and counsel to pursue legal action against offenders and must represent their interests in any criminal investigation or prosecution (Section 6(a)).
The DFA, in coordination with DOLE, must provide free temporary shelters and other services to Filipino victims of the Act (Section 6(a)).

DSWD, DOJ, PCW, and CFO responsibilities

The DSWD must implement preventive, protective, and rehabilitative programs for victims and must coordinate with LGUs for case management services and for a system of accreditation among NGOs to establish community intervention centers and programs (Section 6(b)).
The DSWD must provide basic services to victims, including: (1) Temporary shelter or housing and food; (2) Psychological support and counseling; (3) Twenty-four (24)-hour call center for crisis calls and technology-based counseling and referral system; (4) Assistance in coordination with local law enforcement entities; and (5) Assistance in coordination with the Department of Justice (Section 6(b)(1)-(5)).
The DOJ must ensure the prosecution of persons accused of violating the Act (Section 6(c)).
The DOJ must establish a mechanism for free legal assistance for victims in coordination with the DSWD, the Integrated Bar of the Philippines, and other NGOs and volunteer groups (Section 6(c)).
The PCW, in coordination with relevant government agencies, must actively participate in formulating and monitoring policies addressing mail-order marriages and other similar practices (Section 6(d)).
The PCW must advocate for the inclusion of mail-order marriages and other similar schemes in both local and international advocacy for women issues (Section 6(d)).
The CFO must conduct pre-departure counseling for Filipinos who have contracted marriages with partners from other countries with different cultures, faiths, and religious beliefs (Section 6(e)).
The CFO must develop a system for accreditation of NGOs mobilized to conduct pre-departure counseling services for Filipinos in intermarriages (Section 6(e)).
The CFO must ensure counselors under the Act have the minimum qualifications and training required by law (Section 6(e)).
The CFO must collect and analyze pertinent data, statistics, and conduct case studies and research on mail-order spouses (Section 6(e)).
The CFO must produce essential analysis and papers to guide concerned agencies in formulating policies (Section 6(e)).
The CFO must assist in information campaigns against unlawful acts under the Act and other similar schemes in coordination with LGUs, the Philippine Information Agency, and NGOs (Section 6(e)).

Venue, IRR, separability, and repeal

A criminal action arising from violation of the Act must be filed in the place where the offense was committed, where any of its elements occurred, or where the victim actually resides (Section 7).
The court where the criminal action is first filed acquires jurisdiction to the exclusion of other courts (Section 7).
Within ninety (90) days from approval, the DOJ, in coordination with the DFA, DSWD, CFO, PCW, and NGOs engaged in assisting victims, must promulgate necessary rules and regulations for effective implementation (Section 8).
Separability: If any provision is declared unconstitutional, the remainder of the Act or provisions not affected remain in full force and effect (Section 9).
Repeal: Republic Act No. 6955 (“Anti-Mail Order Bride Lawa”) is repealed (Section 10).
All other laws, decrees, executive orders, rules and regulations, or parts inconsistent with Republic Act No. 10906 are repealed or modified accordingly (Section 10).