Dear PAO,
I have a friend who started an online business wherein she “offers” Filipina brides to foreign nationals. The process is that she will upload the profiles of these women, and if they are chosen by the foreign nationals, my friend will personally introduce them to each other for a fee. Is my friend violating a law?
Wima
Dear Wima,
Please be informed of Sections 3 and 4 of Republic Act 10906, otherwise known as the “Anti-Mail Order Spouse Act,” which state that:
“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;” (Emphasis supplied)
“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 (P2,000,000.00) 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.” (Emphasis supplied)
Based on the above-stated law, it is unlawful for any person, whether natural or juridical, to engage in any business or scheme for profit or other monetary considerations, which has for its purpose the matching or offering of a Filipino to a foreign national for marriage or common law partnership, whether on a mail-order basis or through personal introduction, email, or websites on the internet. Any person who is found guilty of committing this act shall be penalized with imprisonment and a fine, as quoted above.
In other words, based on your query, your friend may be held liable for the violation of the said Act, and if found guilty by a court of proper jurisdiction, will be penalized with imprisonment and a fine as mentioned above.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor's note: Dear PAO is a daily column of the Public Attorney's Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
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