Title
Anti-Mail Order Spouse Act
Law
Republic Act No. 10906
Decision Date
Jul 21, 2016
The Anti-Mail Order Spouse Act establishes stringent measures to combat the exploitation of Filipinos in unlawful marriage schemes with foreign nationals, imposing severe penalties for offenders and mandating government support for victims.
A

Prohibited Acts

  • Engaging in businesses or schemes for money or other considerations to match Filipinos with foreign nationals via mail-order, personal introduction, email, or internet websites.
  • Advertising, publishing, or distributing materials promoting these prohibited matches.
  • Soliciting or recruiting Filipinos into clubs or associations for matching with foreign nationals for a fee.
  • Using postal or internet services to promote the above unlawful activities.
  • Excludes legitimate dating websites that facilitate personal relationships based on shared interests.

Penalties

  • Imprisonment of 15 years and fines between ₱500,000 and ₱1,000,000 for individuals committing any prohibited act.
  • Same penalties apply to those abetting or cooperating in these acts.
  • For syndicates (3 or more conspirators) or large-scale offenses (involving 3 or more victims), imprisonment increases to 20 years with fines ranging from ₱2,000,000 to ₱5,000,000.
  • Accessories who profit without direct participation face 10 years imprisonment and fines between ₱100,000 and ₱500,000.
  • Foreign offenders will be deported after serving sentences and barred from re-entry.
  • Corporations and juridical persons held liable through responsible officers; court may revoke or suspend business licenses.

Confiscation and Forfeiture

  • Courts will order confiscation and forfeiture of proceeds and properties derived from prohibited acts.
  • Damage awards will be taken from offenders’ personal and separate properties, or from confiscated assets if insufficient.
  • If proceeds or assets are destroyed or concealed, offenders must pay equivalent value.

Mandatory Programs and Agency Responsibilities

  • The law mandates the government to implement preventive, protective, and rehabilitative programs for victims.
  • DFA provides overseas legal assistance, shelters, and support services.
  • DSWD offers case management, temporary shelters, psychological support, 24-hour crisis call centers, and coordinates with local agencies and NGOs.
  • DOJ prosecutes offenders and facilitates free legal aid.
  • PCW participates in policy formulation and advocacy related to mail-order marriages.
  • CFO conducts pre-departure counseling, accredits NGOs, collects data, and assists in information campaigns.

Venue for Prosecution

  • Criminal actions may be filed where the offense or any element occurred, or where the victim resides.
  • The first court to receive the case acquires exclusive jurisdiction.

Implementing Rules

  • DOJ shall promulgate implementing rules within 90 days post-enactment in coordination with relevant agencies and NGOs.

Miscellaneous Provisions

  • If any provision is declared unconstitutional, other parts remain effective.
  • The law repeals the previous Anti-Mail Order Bride Law (RA 6955) and conflicting laws or parts thereof.
  • The law took effect 15 days after publication in the Official Gazette or a newspaper of general circulation.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.