Mail order brides are illegal
Dear PAO, I have a female friend in the province who married a foreign er. Her life reportedly she recruited women in the province so they can be processed, matched and arranged for marriage with foreigners. This appealed to a lot of women in our town, especially those who were hoping husband. My friend has processed and matched a number of women to foreigners for marriage who already took them out of the country to live with them. They usually conduct their business through online messaging their schedules permit. I am not sure though if what my friend is doing is legal. She asked me if I am interested in partnering with her in this kind of business, that is why I want to clarify if we are violating any laws. I hope you can give us an advice. Thank you! JV
Dear JV, Based on your narration, it appears that your friend is engaging in the business of matching Filipino women for marriage to foreign nationals. This act is expressly prohibited and considered unlawful under Republic Act 10906 which is known as the Anti-Mail Order Spouse Act. This law superseded and repealed the previous Anti-Mail Order Bride Law of 1990.
RA 10906 was passed as part of the policy of the State to 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 (Sec. 2, RA 10906).
This law enumerates the following acts as unlawful, to wit:
“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 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 - paganda 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” (Sec. 3, Ibid.).
As specified in these provisions, engaging in the business of matching Filipino women with foreigners for marriage through the manner described therein is prohibited by law and is considered a crime. Therefore, considering that the nature of the the description of the enumerated illegal activities in the Anti-Mail Order Spouse Act, we strongly advise you not to participate in any part of the conduct of her business. You should immediately report this activity to local authorities so that it may be investigated thoroughly and prosecuted appropriate actions.
The penalties for the commission of the old law. Under RA 10906, any person found guilty by the court to have violated any of the acts prohibited therein shall suffer an imprisonment of ranging from 10 years to 20 years and nature of participation in the violation of this law (Sec. 4, Id.).
This opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated. We hope that we were able to enlighten you on the matter.