Title
Supreme Court
Anti-Mail Order Spouse Act: prohibits matching FilipiNo.to foreigners
Law
Republic Act No. 10906
Decision Date
Jul 21, 2016
The Anti-Mail Order Spouse Act aims to protect Filipino individuals from exploitation through mail-order marriages, prohibiting the matching or offering of Filipinos to foreign nationals for marriage or common-law partnership, with severe penalties for offenders and support programs for victims.

Law Summary

Prohibited Acts

  • It is unlawful for any person or entity to:
    • Engage in businesses or schemes for profit that match or offer Filipinos to foreigners for marriage/common law partnership via mail-order, personal introduction, email, or internet websites.
    • Distribute promotional materials (brochures, flyers, advertisements) aimed at encouraging such prohibited matchmaking.
    • Recruit or induce Filipinos to join clubs or associations for the purpose of matchmaking with foreigners for a fee.
    • Utilize postal or internet services to promote these unlawful acts.
  • Exceptions: Legitimate dating websites aimed at personal and dating relationships based on shared interests are not covered under this law.

Penalties

  • Individuals convicted of prohibited acts face:
    • Imprisonment: 15 years.
    • Fine: Between ₱500,000 and ₱1,000,000.
  • Abettors or cooperators receive the same penalties.
  • Offenses committed by syndicates (3 or more persons conspiring) or on a large scale (affecting 3 or more persons) lead to:
    • Imprisonment: 20 years.
    • Fine: Between ₱2,000,000 and ₱5,000,000.
  • Accessories who profit without direct participation face:
    • Imprisonment: 10 years.
    • Fine: Between ₱100,000 and ₱500,000.
  • Foreign offenders shall be deported after serving sentences and paying fines, and permanently barred from re-entry.
  • Corporations or juridical persons are liable through responsible officers.
  • Courts can suspend or revoke licenses of media or internet entities involved.

Confiscation and Forfeiture

  • Courts shall order confiscation and forfeiture of all proceeds and properties derived from offenses in favor of the government.
  • Awards for damages are taken first from the offender's personal properties; if insufficient, from forfeited assets.
  • If illicit proceeds or properties are destroyed, concealed, or converted to avoid forfeiture, offenders must pay equivalent amounts.

Government Programs

  • Preventive, protective, and rehabilitative programs shall be established.
  • Department of Foreign Affairs (DFA):
    • Provides assistance overseas including legal aid, temporary shelter, and representation.
  • Department of Social Welfare and Development (DSWD):
    • Offers shelters, psychological support, 24/7 crisis hotlines, case management, and coordination with law enforcement.
  • Department of Justice (DOJ):
    • Ensures prosecution and establishes free legal aid systems with partners.
  • Philippine Commission on Women (PCW):
    • Participates in policy formulation and advocacy against unlawful mail-order practices.
  • Commission on Filipino Overseas (CFO):
    • Conducts pre-departure counseling, accredits NGOs, gathers research data, and runs awareness campaigns.

Venue for Prosecution

  • Cases can be filed where the offense occurred, any element of the offense took place, or where the victim resides.
  • The court first receiving the case gains exclusive jurisdiction.

Implementation and Rules

  • DOJ, in coordination with other agencies and NGOs, shall promulgate implementing rules within 90 days from the Act's approval.

Legal Provisions

  • Separability Clause: If any part is declared unconstitutional, remaining provisions stay effective.
  • Repealing Clause: Repeals Republic Act No. 6955 and modifies or repeals inconsistent laws.
  • Effectivity: Takes effect 15 days after publication in the Official Gazette or general circulation newspaper.

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