Many interested people often worry
about the legality of internet dating, and more so of using an
introduction agency to find a prospective partner. Also they may
have heard that in the Philippines it is illegal to use the
services of a dating agency, I am seeking to put this matter clear
to any interested readers, and hopefully at the end of this page,
you will be much wiser and more confident in your attempts to seek
out and find your perfect soul mate in life.
If you look around this site, you
will see various styles of adverts that encourage you to join
professional dating agencies, that will seek to introduce you to
Philippine women for the purpose of friendship, pen-pals,
courtships, and ultimately marriage. The term "Mail order
bride" is often used, this particular term does in fact cause
offence to the Philippine authorities so much so that the
Philippine Senate has had to enact legislation to stem the steady
exit of Philippine women in their ever increasing desire for
better life chances in the Western World, and Japan. As with all
types of dating agencies many of these are only Internet based,
and provide details of interested ladies in exchange for a fee,
generally the ladies can register for free, and the gentleman will
no doubt have to pay a membership fee, there are generally levels
of benefits received, from Bronze packages, Silver Packages to
Gold Packages, the higher the membership fee the greater access
one has to the services being offered, is it risky ? yes it can
be, their is of course no guarantee that the ladies you are
corresponding with, are going to be any more trustworthy, than
someone you met in a yahoo chat room. Of course it may
be better to stick to the more established well known agencies
such as Filipinaheart.com or AsianEuro.com
These agencies are pretty well known, and the company that
operates these sites is in Australia, so it is perfectly legal for
it operate there, whilst I am not recommending or endorsing these
services, I will just say that I have knowledge of them and have
found them to be reasonable and a trustworthy organization.
Republic Act 6955 - Is it
legal to meet someone via an intro agency ?
The answer to this question is a
resounding "YES" it is perfectly legitimate to make
contact with a Filipina through an introduction agency, and it is
perfectly legal to pursue such a relationship for the purposes of
marriage, so where is the problem? and where does Republic Act
6955 come in to this situation. Republic Act 6955 is often a
"Mis-Interpreted" piece of legislation, and it refers to
activities which take place in the Philippines and not to
activities that take place out of its own jurisdiction, let me
explain further.
The Act does not prohibit a
relationship between a Philippine national and a non-Philippine
national of which the relationship has been achieved through the
medium of correspondence, nor does it prohibit non Filipinos
contacting Filipinos for the purposes of entering into such a
relationship. What the act does deal with, is the Setting up of
Agencies within the jurisdiction of the Philippines for the
purposes of making profits for the selection and matching of
Filipinos to Non Filipinos for the purposes of marriage, this is
known in the Philippines as "Mail order brides". An
extract of Republic Act 6955 is as follows:
"It is illegal for the practice of any body, agency, company,
or group of people, to set up and run for profit, a service which
seeks to advertise, publish materials, flyers, brochures, to
distribute or promote the matching of Filipino nationals to
foreign men for the purposes of marriage".
Specifically, anyone must not set up, have any involvement in, the
making of profits, relating to a business, promoting materials,
publishing, distribution of brochures, of which may cause that
person or body to promote the prohibited acts. So that the act is
clear, the act goes further as to the business aspect of the
prohibited acts, where it says It is illegal to solicit or enlist
the services of Filipinos to engage in or act as candidates in a
marriage bureau, to charge for such services to charge
introduction fees, or any other fees for such a service.
Therefore, providing that you yourself, are not operating a
marriage introduction agency within the jurisdiction of the
Philippine authorities, or you yourself are not making profits, or
taking introduction fees for matching of Philippine women to
Western men, then as far as Republic Act 6955 is concerned, it
does not concern you, nor does it have any jurisdiction over your
personal relationship with a Filipino. The Act does not however
prohibit voluntary meeting places, such as forum's which has a
free contact area for those who may wish to develop a friendship,
that can lead to courtship and ultimately marriage, the Act is
only concerned with business activities and the making of profits,
at the expense of Filipina's being trafficked.
Of course one may ask, why does the
Congress of the Philippines seek to make such a law, and try to
enforce it, considering that if a Legal entity seeks to match a
man and a woman for a small fee, does not interfere in the
relationship, leaves the two parties to continue on their
courtship, should they choose to do so, and the two parties to the
introduction are not bound to each other by the introductory fee,
then what is the problem with this. The Act it seems is to protect
Philippine women from being trafficked into marriages, with
unsuitable men, who in many circumstances are old enough to be
their Fathers, this does happen frequently, many Filipina's are
attracted to better life chances through marriage to Japanese men,
and end up nothing more than slaves and concubines, the Act seeks
to prevent the management and profit making out of marriage
introductions.
I met a lady through an
Introduction agency - is my relationship legal ?
Just to clarify these points if you
would like to see the full Act here it is: SECTION 1. It is the
policy of the state to ensure and guarantee the enjoyment of the
people of a decent standard of living. Towards this end, the State
shall take measures to protect Filipino women from being exploited
in utter disregard of human dignity in their pursuit of economic
upliftment. Sec. 2. Pursuant thereto it is hereby declared
unlawful:
- For a person, natural or
juridical, association, club or any other entity to commit,
directly or indirectly, any of the following acts:
- To establish or carry on a
business which has for its purpose the matching of Filipino
women for marriage to foreign nationals either on a mail order
basis or personal introduction; chan robles virtual law
library
- To advertise, publish, print or
distribute or cause the advertisement, publication, printing
or distribution of any brochure, flier or any propaganda
material calculated to promote the prohibited acts in the
preceding sub-paragraph;
- To solicit, enlist or in any
manner attract or introduce any Filipino woman to become a
member in any club or association whose objective is to match
women for marriage to foreign nationals either on a mail order
basis or through personal introduction for a fee;
- To use the postal service to
promote the prohibited acts in subparagraph 1 hereof. ( For
the manager or officer in charge or advertising manager of any
newspaper, magazine, television or radio station, or other
media, or of an advertising agency, printing company or other
similar entities to knowingly allow, or consent to the acts
prohibited in the preceding paragraph.
- In case of violation of this Act
by an association, club, partnership, corporation or any other
entity, the incumbent officers thereof who have knowingly
participated in the violation of this Act shall be held
liable. chan robles virtual law library
- Any person found guilty by the
court to have violated any of the acts herein prohibited shall
suffer an imprisonment of not less than six (6) years and one
(1) day but not more than eight (8) years and a fine of not
less than Eight thousand pesos (P8000) but not more than
Twenty thousand pesos (20000): Provided, that if the offender
is a foreigner, he shall immediately be deported and barred
forever from entering the country after serving his sentence
and payment of fine.
- Nothing in this Act shall be
interpreted as a restriction on the freedom of speech and of
association for purposes not contrary to law as guaranteed by
the Constitution.
- All laws, decrees, orders,
instructions, rules and regulations, or parts thereof
inconsistent with this Act are thereby repealed or modified
accordingly.
- This Act shall take effect upon
its publication for two (2) consecutive weeks in a newspaper
of general circulation.
The act is quite clear, that it
does not prohibit the use of free speech, and for association for
purposes not contrary to law as guaranteed by the constitution,
this indicates of course, that you may have an association with a
Filipino, as long as you did not operate a mail order agency, with
the intention of profiting from such an association, therefore as
you yourself are unlikely to be in this position, your courtship
is perfectly legal. You can relax as you are not in violation of
any Philippine Laws.
A Word of Caution, you need to be
aware of under age-girls in the Philippines, very often foreign
men are tricked into making a journey to the Philippines to end up
in a hotel room with the girl, if she is under age, you may end up
the recipient of a "Sting" operation, this is where the
girl's family will turn up with local Police officers, who will
attempt to extort money out of you, to prevent you from being
arrested, if in doubt as to a girl's age, you should insist on
seeing a birth certificate on NSO Security papers, this will
establish the girls age.
The age of sexual consent in the
Philippines is 12 for all, but contacts with minors (under 18) are
an offence if the minor consents to the act for money, gain or any
other remuneration or as the result of an influence of any adult
person. You may also wish to be aware of the consequences of being
caught with a Minor (Any Lady under the age of 18 years old) If
sex has taken place, you may be charged with statutory rape, this
can carry a death sentence, but is normally commuted to life
imprisonment on appeal, if contact is with a minor, that is under
18, the offender may be arrested under "Child Prostitution
laws" just be wise as to who you are going to see, if you are
in any doubt that as to the legitimacy of your Filipina contact,
you would be well advised to terminate any discussions or
activities.
Summary: Internet dating is
perfectly legitimate and the use of Introduction agencies are perfectly
legal, you may wish to exercise some caution when agreeing to
travel to the Philippines to meet a lady, obviously if you are in
doubt as to her motives, and age, then you should take steps to
find out more about her, whilst these occurrences do happen, most
meetings turn out pretty well.