Anti-Mail Order Spouse Act

REPUBLIC ACT NO. 10906

AN ACT PROVIDING STRONGER MEASURES AGAINST UNLAWFUL PRACTICES, BUSINESSES, AND SCHEMES OF MATCHING AND OFFERING FILIPINOS TO FOREIGN NATIONALS FOR PURPOSES OF MARRIAGE OR COMMON LAW PARTNERSHIP, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 6955, ALSO REFERRED TO AS THE "ANTI-MAIL ORDER BRIDE LAW"

SECTION 1. Short Title. — This Act shall be known as the "Anti-Mail Order Spouse Act". 

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to protect and guarantee the individual rights of the Filipino people. Towards this end, the State shall prevent the exploitation of Filipinos, and protect them from unlawful practices, businesses, and schemes which offer Filipinos for marriage to unscrupulous foreign nationals and expose them to abuse, exploitation, prostitution, and violent situations.

SECTION 3. Prohibited Acts. — It shall be unlawful for any person, whether natural or juridical, to commit, directly or indirectly, any of the following acts:

(a) Engage in any business or scheme for money, profit, material, economic or other consideration which has for...

Summary of Republic Act No. 10906 (Anti-Mail Order Spouse Act)

Declaration of Policy (Section 2)
- Protect and guarantee individual rights of Filipinos
- Prevent exploitation of Filipinos
- Protect Filipinos from unlawful practices, businesses, and schemes offering them for marriage to unscrupulous foreign nationals that expose them to abuse, exploitation, prostitution, and violence

Prohibited Acts (Section 3)
- Engage in any business or scheme for money, profit, or other consideration that matches or offers Filipinos to foreign nationals for marriage or common law partnership on a mail-order basis, personal introduction, email, or websites
- Exhibit, advertise, publish, print, or distribute materials promoting the prohibited acts, including on websites
- Solicit, enlist, or attract Filipinos to become members of clubs or associations that match them with foreign nationals for marriage or common law partnership for a fee
- Use postal service or websites to promote the prohibited acts
- Legitimate dating websites connecting individuals with shared interests for personal and dating relationships are excluded

Penalties (Section 4)
- 15 years imprisonment and fine of P500,000 to P1,000,000 for committing prohibited acts
- Same penalty for abetting or cooperating in the prohibited acts
- 20 years imprisonment and fine of P2,000,000 to P5,000,000 if committed by a syndicate or on a large scale
- Syndicate defined as 3 or more persons conspiring
- Large scale defined as against 3 or more persons
- 10 years imprisonment and fine of P100,000 to P500,000 for profiting from or assisting the offender without participating
- Deportation and permanent ban from entering the country for foreign offenders
- Penalties for corporations, partnerships, associations, clubs, establishments, or juridical persons
- Suspension or revocation of license or permit for advertising agencies, publishers, TV/radio stations, websites, or other entities committing prohibited acts

Confiscation and Forfeiture (Section 5)
- Court shall order confiscation and forfeiture of all proceeds and properties derived from the prohibited act in favor of the government
- Damages shall be taken from the offender's personal and separate properties, and if insufficient, from the confiscated and forfeited properties
- Offender shall pay an amount equal to the value of proceeds, properties, or instruments if they are destroyed, diminished, concealed, removed, converted, or transferred

Mandatory Programs (Section 6)
- Government shall establish preventive, protective, and rehabilitative programs for victims
- Department of Foreign Affairs (DFA) shall provide resources and facilities overseas for victims, free legal assistance and counsel, temporary shelters, and other services
- Department of Social Welfare and Development (DSWD) shall implement programs for victims, provide temporary shelter, food, psychological support, counseling, 24-hour call center, assistance with law enforcement and Department of Justice
- Department of Justice (DOJ) shall ensure prosecution of offenders and establish a mechanism for free legal assistance for victims
- Philippine Commission on Women (PCW) shall participate in formulating and monitoring policies, advocate for inclusion of the issue in local and international advocacy for women
- Commission of Filipino Overseas (CFO) shall conduct pre-departure counseling services for Filipinos marrying foreign nationals, develop a system for accreditation of NGOs for counseling, collect and analyze data, statistics, case studies, and research on mail-order spouses, assist in information campaigns

Venue (Section 7)
- Criminal action shall be filed where the offense was committed, where any of its elements occurred, or where the victim actually resides
- The court where the criminal action is first filed shall acquire jurisdiction

Implementing Rules and Regulations (Section 8)
- Department of Justice shall promulgate the necessary rules and regulations within 90 days, in coordination with DFA, DSWD, CFO, PCW, and NGOs assisting victims

Repealing Clause (Section 10)
- Republic Act No. 6955 (Anti-Mail Order Bride Law) is repealed
- All other inconsistent laws, decrees, executive orders, rules and regulations are repealed or modified accordingly

Effectivity (Section 11)
- This Act shall take effect 15 days after its publication in the Official Gazette or a newspaper of general circulation