State Policies
- The State protects individual Filipino rights against exploitation through unlawful mail-order spouse schemes.
- The Family Code supports strengthening marriage and family institutions, ensuring protection from exploitation disguised as intermarriage.
Key Definitions
- Act: Republic Act No. 10906.
- Common Law Partnership: Conjugal relationship without marriage solemnities.
- Legitimate Dating Websites: Online platforms for fellowship/dating not involved in mail-order schemes.
- Mail Order Spouse Scheme: Matching Filipinos to foreigners for marriage/common-law partnership for a fee.
- Mail Order Spouse or Partner: Filipino advertised or matched under the scheme.
- Mail Order Schemes Fee: Monetary or material consideration for matchmaking.
- Offender: Any natural or juridical person committing or abetting prohibited acts, or profiting from them knowingly.
Reporting and Investigation
- Reports may be filed by victims or anyone with knowledge to PNP, NBI, barangay authorities, government agencies, or hotlines including overseas embassies.
- Reports must be treated confidentially.
- Upon report, authorities act within 48 hours, referring urgent cases to law enforcement within 24 hours.
- Investigations gather detailed victim/offender info, including scheme details and fees.
- Investigations are gender-sensitive and coordinated with relevant agencies for social worker assistance, legal, marriage, and immigration verifications.
- Statements from victims must be obtained in safe, non-threatening settings and with social worker presence.
Repatriation
- DFA is responsible for repatriating victims regardless of status abroad.
- Funds for repatriation shall be allocated by the DFA.
Prosecution
- Complaints can be filed by victims or persons with knowledge, including law enforcement officers with personal knowledge.
- Complaints filed at Provincial or City Prosecution Office where the offense or victim's residence is located.
- Jurisdiction exclusive to the first filing court.
Mandatory Programs for Victims
- Government to provide preventive, protective, and rehabilitative programs.
- Services include temporary shelter, counseling, free legal assistance, medical and psychological care, and other basic needs.
- Overseas victims receive services via DFA and Migrant Workers Resource Centers.
- Free legal services cover rights information, filing assistance, and representation, coordinated by DOJ, DSWD, and NGOs.
Pre-Departure Counseling
- CFO shall conduct counseling for Filipinos entering intermarriages with foreigners.
- Accreditation system for NGOs assisting in counseling.
Policy Formulation and Advocacy
- CFO to collect data, conduct research, and guide interventions.
- PCW to participate in policy formulation and advocate inclusion of mail-order spouse issues in women advocacy.
- Joint information campaigns to prevent victimization.
Roles of Government Agencies
- DFA: Overseas victim assistance and shelter, passport application compliance.
- DSWD: Prevention, protection, rehabilitation, basic services, NGO accreditation.
- Department of Migrant Workers/DOLE: Support for overseas victims.
- DOJ: Prosecution and coordination of free legal aid.
- CFO: Counseling, watch lists of offenders, research, awareness campaigns.
- PCW: Policy and advocacy on women's issues.
- PNP/NBI: Investigation, arrest, capacity building, complaint handling.
- BI: Passport and immigration compliance verification.
- DILG: Capacity building for LGUs on related issues.
- PIA: Public education and advocacy.
- DOH: Medical care and capacity building for health sector.
Prohibited Acts
- Operating business or schemes for matching Filipinos to foreign nationals for marriage/common-law partnership for a fee.
- Advertising or promoting such activities through various media including internet and social media.
- Recruiting members into clubs or associations for such matchmaking for a fee.
- Use of postal or internet services for the above purposes.
Exceptions
- Legitimate dating websites fostering genuine personal relationships, not conduits for mail-order spouse schemes, are excluded.
Penalties
- Imprisonment of 15 years and fines between P500,000 to P1,000,000 for general violation.
- For syndicates (3 or more persons) or large scale (3 or more victims), imprisonment of 20 years and fines between P2,000,000 to P5,000,000.
- Accessories punished with 10 years imprisonment and fines between P100,000 to P500,000.
- Foreign offenders deported after serving sentence and barred permanently from entry.
- Corporate offenders' responsible officers are liable.
- Courts may suspend or revoke licenses of media or entities involved.
Confiscation and Forfeiture
- Proceeds and properties derived from violations shall be confiscated and forfeited to the government.
- Damages awarded are to be satisfied from offenders' personal and confiscated properties.
- If proceeds are destroyed or concealed, offenders must pay equivalent value.
Final Provisions
- Unconstitutional provisions shall not affect remaining rules.
- Republic Act No. 6955 (Anti-Mail Order Bride Act) repealed.
- These implementing rules take effect 15 days after publication in two newspapers.