An Act Providing Stronger Measures Against Unlawful Practices, Businesses, and Schemes of Matching and Offering Filipinos to Foreign Nationals for Purposes of Marriage of Common Law Partnership, Repealing for the Purpose Republic Act No. 6955, Also Referred to as the "Anti-Mail Order Bride Law"

Sixteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.

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 of Common Law Partnership, Repealing for the Purpose Republic Act No. 6955, Also Referred to as the "Anti-Mail Order Bride Law"

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

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:

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.

Section 4. Penalties. - Any person found guilty by the court to have committed any of the prohibited acts provided under Section 3 of this Act shall suffer the penalty of 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 mentioned in Section 3 of this Act, by previous or simultaneous acts, shall suffer the same penalty provided in the preceding paragraph.

If the prohibited act is committed by a syndicate or committed on a large scale, the offender shall suffer the penalty of 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).

The prohibited act is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another.

The prohibited act is deemed committed on a large scale if committed against three (3) or more persons, individually or as a group.

Any person who has knowledge of the commission of the unlawful acts and profits from it, assists the offender to profit from it, without having participated therein, either as a principal or as an accomplice, shall be punished as an accessory to the offense committed and shall suffer the penalty of ten (10) years imprisonment and a fine of not less than one hundred thousand pesos (₱100,000.00) but not more than five hundred thousand pesos (₱500,000.00).

If the offender is a foreigner, the offender shall be immediately deported after serving the sentence and payment of fine and shall be barred permanently from entering the country.

If the offender is a corporation, partnership, association, club, establishment, or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager, or any responsible officer who participated in the commission of the prohibited acts or who shall have knowingly permitted or failed to prevent its commission.

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.

Section 5. Confiscation and Forfeiture. - The court shall order the confiscation and forfeiture of all the proceeds and properties derived from the commission of the prohibited act in favor of the government. All awards for damages shall be taken from the personal and separate properties of the offender and if such properties are insufficient, the balance shall be taken from the confiscated and forfeited properties.

When the proceeds, properties, and instruments of the offense have been destroyed, diminished in value, or otherwise rendered worthless by any act or omission, directly or indirectly, by the offender or they have been concealed, removed, converted, or transferred to prevent or avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds, property, or instruments of the offense.

Section 6. Mandatory Programs. - The government shall establish and implement preventive, protective, and rehabilitative programs for victims of the unlawful acts and practices enumerated in Section 3 of this Act. For this purpose, the following agencies are hereby mandated to implement their respective programs:

Further, the CFO shall collect and analyze pertinent data, statistics, and conduct case studies and research on mail-order spouses. It shall come up with essential analysis and papers to guide concerned agencies in formulating policies. It shall likewise assist in the conduct of information campaigns against unlawful acts under this Act and other similar schemes in coordination with LGUs, the Philippine Information Agency, and NGOs.

Section 7. Venue. - A criminal action arising from the violation of this Act shall be filed in the place 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 to the exclusion of other courts.

Section 8. Implementing Rules and Regulations. - Within ninety (90) days from the approval of this Act, the DOJ shall, in coordination with the DFA, DSWD, CFO, the PCW, and NGOs which are engaged in assisting victims of mail-order marriages and other schemes, promulgate the necessary rules and regulations for the effective implementation of this Act.

Section 9. Separability Clause. - If any provision of this Act is declared unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in full force and effect.

Section 10. Repealing Clause. - Republic Act No. 6955, also referred to as the "Anti-Mail Order Bride Law", is hereby repealed. All other laws, decrees, executive orders, rules and regulations, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

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

Approved,

FRANKLIN M. DRILON
President of the Senate

FELICIANO BELMONTE, JR.
Speaker of the House of Representatives

Senate Bill No. 3209, which was approved by the Senate on May 23, 2016, was adopted as an amendment to House Bill No. 5572 by the House of Representatives on May 23, 2016.

OSCAR G. YABES
Secretary of the Senate

MARILYN B. BARUA-YAP
Secretary General
House of Representatives

Approved: July 21, 2016

(Sgd.) BENIGNO S. AQUINO, III
President of the Philippines