Anti-Mail Order Spouse Act

Case Overview and Summary

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