Be it enacted because of the Senate and House of Representatives regarding the Philippines in Congress assembled:
Area 1. Brief Title.— This Act will probably be referred to as “Anti-Mail Order Spouse Act”.
Area 2. Declaration of Policy.— It really is hereby announced the insurance policy regarding the continuing State to guard and guarantee the in-patient liberties associated with Filipino people. 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 towards this end.
Part 3. Prohibited Acts.— It will probably be illegal for almost any individual, whether normal or juridical, to commit, straight or indirectly, some of the following functions:
(a) take part in any company or scheme for cash, https://www.youtube.com/watch?v=-PQZKo1RRuo revenue, product, economic or other consideration that has for the purpose the matching or offering of a Filipino to a foreign nationwide for wedding or typical legislation partnership on a mail-order foundation or through individual introduction, e-mail, or web sites on the web;
(b) display, market, publish, print, or distribute, or result in the event, ad, publication, printing, or circulation of brochures, leaflets, or propaganda materials that are determined to advertise the prohibited functions within the paragraph that is preceding or to create, market, or upload such materials through sites on the net;
(c) Solicit, enlist, or perhaps in virtually any way, attract or cause any Filipino in order to become an associate in virtually any club or relationship whose goal would be to match Filipino nationals to international nationals for the true purpose of wedding or law that is common for the charge; and
(d) to make use of the postal solution or any internet site on the web to market the prohibited functions under this area.
The aforementioned notwithstanding, legitimate relationship internet sites, which may have because of their purpose linking those with provided passions so that you can develop personal and dating relationships, aren’t included in this Act.
Any one who shall abet or cooperate within the execution associated with the prohibited acts mentioned in part 3 for this Act, by past or simultaneous functions, shall suffer the exact same penalty supplied in the paragraph that is preceding.
The prohibited work is considered committed by way of a syndicate if performed by a team of three (3) or even more people conspiring or confederating with each other.
The prohibited work is considered committed on a big scale if committed against three (3) or higher people, independently or as a bunch.
Any individual who has familiarity with the payment regarding the illegal functions and earnings without having participated therein, either as a principal or being an accomplice, will be penalized as an accessory to your offense committed and shall suffer the penalty of ten (10) years imprisonment and an excellent of no less than a hundred thousand pesos (?100,000.00 as a result, assists the offender to make money from it) yet not significantly more than five hundred thousand pesos (?500,000.00).
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 foreigner.
In the event that offender is really a business, partnership, relationship, club, establishment, or any juridical individual, the penalty will be imposed upon the dog owner, president, partner, supervisor, or any accountable officer whom participated in the payment associated with prohibited acts or whom shall have knowingly allowed or did not avoid its payment.
The court might also suspend or revoke the license or allow to operate in the Philippines associated with the marketing agency, paper, and mag publisher, television or radio section, web sites, or other entities whom commit some of the acts that are prohibited.
Part 5. Confiscation and Forfeiture.— The court shall order the confiscation and forfeiture of all profits and properties produced by the payment regarding the act that is prohibited benefit for the federal federal government. All prizes for damages will probably be extracted from the individual and split properties associated with offender if such properties are inadequate, the total amount will probably be obtained from the confiscated and forfeited properties.
As soon as the profits, properties, and instruments of this offense have now been damaged, diminished in value, or perhaps rendered useless by any omission or act, straight or indirectly, because of the offender or they are hidden, eliminated, transformed, or transported to avoid or avoid forfeiture or confiscation, the offender will be purchased to cover the total amount add up to the worth for the profits, home, or instruments associated with the offense.
Part 6. Mandatory Products.— The us government shall establish and implement preventive, protective, and programs that are rehabilitative victims for the illegal functions and techniques enumerated in part 3 for this Act. The following agencies are hereby mandated to implement their respective programs for this purpose
(a) Department of Foreign Affairs (DFA) – The DFA shall provide its resources and facilities international for victims of mail-order wedding along with other comparable schemes no matter their method of entry towards the country that is receiving. It shall provide Filipino victims international with free appropriate help and counsel to follow legal action against offenders, and represent their passions in almost any unlawful research or prosecution. The DFA, in coordination aided by the Department of work and Employment (DOLE), shall likewise offer free shelters that are temporary other solutions to Filipino victims with this Act.
(b) Department of personal Welfare and Development (DSWD) – The DSWD shall implement preventive, protective, and rehabilitative programs for victims. The DSWD, in coordination aided by the municipality devices (LGUs), shall likewise offer situation management solution and develop a method for certification among nongovernment businesses (NGOs) for purposes of developing facilities and programs for intervention in a variety of degrees of the city. The DSWD shall also give you the after services that are basic victims:
(1) Temporary shelter or housing and meals;
(2) emotional help and guidance;
(3) Twenty-four (24)-hour call center for crisis phone phone telephone calls and technology-based guidance and recommendation system;
(4) help in coordination with neighborhood police entities; and
(5) help in coordination utilizing the Department of Justice, amongst others.
(c) Department of Justice (DOJ) – The DOJ shall make sure the prosecution associated with individuals accused of breaking this Act. It shall additionally begin a device at no cost legal help for victims in coordination aided by the DSWD, the Integrated Bar for the Philippines, as well as other NGOs and volunteer teams.
(d) Philippine Commission on Women (PCW) – The PCW shall, in coordination with appropriate government agencies, earnestly be involved in the formulating and tabs on policies handling the matter of mail-order marriages as well as other practices that are similar. It shall likewise advocate when it comes to addition associated with the dilemma of mail-order marriages as well as other comparable schemes both in regional and advocacy that is international ladies problems.
( ag ag e) payment of Filipino Overseas (CFO) – The CFO shall conduct pre-departure counseling solutions for Filipinos who’ve contracted marriages with partners off their nations with various countries, faiths, and spiritual values. It shall develop something for certification of NGOs which may be mobilized for purposes of conducting pre-departure guidance solutions for Filipinos in intermarriages. The CFO shall make sure that the counselors contemplated under the minimum shall be had by this Act skills and training needed for legal reasons.
Further, the CFO shall gather and evaluate data that are pertinent statistics, and conduct situation studies and research on mail-order spouses. It shall appear with crucial analysis and documents to steer concerned agencies in formulating policies. It shall likewise help in the conduct of data promotions against illegal acts under this Act along with other comparable schemes in coordination with LGUs, the Philippine Ideas Agency, and NGOs.
Part 7. Venue.— a unlawful action arising through the breach of the Act will be filed when you look at the destination where in fact the offense ended up being committed, where some of its elements happened, or where in actuality the victim actually resides. The court where in fact the action that is criminal first filed shall obtain jurisdiction towards the exclusion of other courts.
Section 8. Implementing Foibles.— Within ninety (90) times through the approval of the Act, the DOJ shall, in coordination using the DFA, DSWD, CFO, the PCW, and NGOs which are involved in assisting victims of mail-order marriages along with other schemes, promulgate the required regulations for the effective execution of the Act.
Part 9. Separability Clause.— If any supply for this Act is announced unconstitutional, the rest for this Act or any supply maybe perhaps perhaps not impacted thus shall stay in complete effect and force.
Area 10. Repealing Clause.— Republic Act No. 6955, generally known as the “Anti-Mail Order Bride Law”, is hereby repealed. All the other guidelines, decrees, executive sales, foibles, or parts thereof inconsistent aided by the conditions with this Act are hereby repealed or modified properly.
Part 11. Effectiuity.— This Act shall simply take impact fifteen (15) times following its book when you look at the formal Gazette or perhaps in a paper of basic blood supply.