Title
Rules for Anti-Mail Order Spouse Act
Law
Irr Republic Act No. 10906
Decision Date
Sep 12, 2022
The Rules and Regulations Implementing Republic Act No. 10906 aim to protect Filipinos from unlawful practices, businesses, and schemes related to marriage or common-law partnership with foreign nationals, providing measures to prevent exploitation and abuse in intermarriage.

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.

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