Imagine scrolling through a lineup of potential wives and grooms the way you’d browse online shopping deals—click, select, and hope for happily ever after.
In a world increasingly connected by technology and global opportunity, love and marriage have taken on new, unconventional forms—none more intriguing or controversial than the mail-order spouse phenomenon which offers Filipinos for marriage to foreigners.
The Philippines initially outlawed the practice through Republic Act No. 6955 or the Anti-Mail Order Bride Law in 1990. Said law was repealed by Republic Act No. 10906 otherwise known as the Anti-Mail Order Spouse Act in 2016 which strengthened protections against human trafficking and exploitation by penalizing individuals and groups engaged in the business of facilitating marriages for profit took effect.
Key Provisions of R.A. 10906
Unlike its predecessor law, RA 10906 is gender neutral and protects both male and female. The prohibited acts have also been expanded to wit:
“SEC. 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 its purpose the matching or offering of a Filipino to a foreign national for marriage or common law partnership on a mail-order basis or through personal introduction, email, or websites on the internet;
(b) Exhibit, advertise, publish, print, or distribute, or cause the exhibition, advertisement, publication, printing, or distribution of brochures, flyers, or propaganda materials which are calculated to promote the prohibited acts in the preceding paragraph, or to post, advertise, or upload such materials through websites on the internet;
(c) Solicit, enlist, or in any manner, attract or induce any Filipino to become a member in any club or association whose objective is to match Filipino nationals to foreign nationals for the purpose of marriage or common law partnership for a fee; and
(d) To use the postal service or any website on the internet to promote the prohibited acts under this section. The above notwithstanding, legitimate dating websites, which have for their purpose connecting individuals with shared interests in order to cultivate personal and dating relationships, are not covered by this Act.”
In addition, the penalties have also been increased. Thus, Section 4 of RA 10906 penalizes the violators to imprisonment for fifteen (15) years and a fine of not less than five hundred thousand pesos (₱500,000.00) but not more than one million pesos (₱1,000,000.00). Any person who shall abet or cooperate in the execution of the prohibited acts shall likewise suffer the same penalty.
The penalty is increased to twenty (20) years imprisonment and a fine of not less than two million pesos (₱2,000,000.00) but not more than five million pesos (₱5,000,000.00) if the act is committed by a syndicate or committed on a large scale (committed against three or more persons).
The court may also suspend or revoke the license or permit to operate in the Philippines of the advertising agency, newspaper, and magazine publisher, television or radio station, internet websites, or other entities who commit any of the prohibited acts.
Mandatory Government Programs Under R.A. 10906
The government is required to create and carry out programs to prevent, protect, and rehabilitate victims of unlawful acts like mail-order marriages. The following agencies have specific roles:
- DFA (Department of Foreign Affairs): Provides free legal aid and shelter for Filipino victims abroad and helps with criminal cases.
- DSWD (Department of Social Welfare and Development): Offers shelters, food, counseling, 24/7 crisis support, and coordinates with local law enforcement and the DOJ. It also works with LGUs and NGOs to manage cases and build intervention programs.
- DOJ (Department of Justice): Prosecutes offenders and offers free legal assistance to victims, in partnership with DSWD, NGOs, and the Integrated Bar of the Philippines.
- PCW (Philippine Commission on Women): Develops and monitors policies on mail-order marriages and promotes advocacy on women’s issues locally and globally.
- CFO (Commission on Filipinos Overseas): Conducts counseling for Filipinos in intermarriages, accredits NGOs for this purpose, collects data, does research, and leads awareness campaigns against these illegal practices.
Consequently, under Philippine law, one must be reminded that it is illegal for any person, whether natural or juridical to engage in unlawful practices, businesses, and schemes which offer Filipinos for marriage to unscrupulous foreign nationals and expose them to abuse, exploitation, prostitution, and violent situations.
About Nicolas and De Vega Law Offices
If you have any questions or concerns regarding criminal law, we can help you. Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
