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.