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For those of you who may have be wondering whether recent legislation
in the Philippines makes it illegal for you to have a Filipina penpal,
or to pursue marriage with a Filipina, the answer is that your relationship
is perfectly legal. This law is not targeted at individuals in relationships.
It is target against persons who operate "mail order bride" businesses
within the Philippines (in part or in whole) who are soliciting Filipinas
for their names and addresses, for sell abroad.
There is an act, Republic Act No. 6955 (click
HERE for the text), passed by the Philippine Legislature in 1990, that
addresses "mail order" brides, and that's often misinterpreted. This law
does not prohibit correspondence between Filipinas and non-Filipinos, nor
does it prohibit marriage between two people whose relationships are based,
at least initially, on correspondence. Instead, Act No. 6955 affects only
companies or individuals who make a profit by carrying out certain activities
within the Philippines. Those activities include, "the practice of matching
Filipino women for marriage to foreign nationals on a mail order basis
and other similar practices including the advertisement, publication, printing
or distribution of brochures, fliers and other propaganda materials in
furtherance thereof..."
Specifically, you cannot "...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," nor can
you, "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..."
To emphasize the business aspect of this prohibition, the Act also states
that it is illegal 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."
Later, "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."
So, unless you are operating a business within the Philippines that
makes its money by matching up Filipino women to foreigners, this Act does
not concern you directly. Presumably, you are not doing any matchmaking,
you are not making a profit, and you are not operating within the Philippines.
You might wonder why the Philippine legislature would pass such a law
in the first place. After all, if a company turns a profit by merely introducing
a willing woman to a willing man, then bows out and leaves the two individuals
to work things out on their own, who exactly is being victimized? The woman's
looking for a man, and the man's looking for a woman. They are not legally
bound to one another by the introduction, and they both acted of their
own volition. Where's the crime? Why should the Philippine Congress try
to regulate such activity?
Well, it's true, the law criminalizes an activity that is very often,
though not always, "victimless". It's quite possible for a company to run
an advertisement in a Philippine newspaper that solicits the names and
addresses of Filipinas who wish to meet foreign husbands, and it's quite
possible that the resulting marriages will be wonderful, happy unions.
Thus, for scrupulous business operators with no ill intent, this law is
most unwelcome and undeserved, and not surprisingly, these operators are
very vocal critics.
Of course, there are also laws against "victimless" crimes in the west.
In America, for example, the use of so-called recreational drugs is illegal,
even if the user is an eighty-year old man in the backwoods of Kentucky
who's confined to his deathbed. Prostitution is also illegal, outside of
certain areas of Nevada, even if the woman is a nymphomaniac with a mortgage.
The reason that recreational drug use and prostitution are illegal is that
most American voters consider such activities immoral or undesirable, and
they successfully relay that message to their government representatives.
The victim in such activities, the popular thinking goes, in not a single
individual, but American society itself.
Whether or not you or I agree with that thinking is irrelevant. Enough
people do to compel legislators to make such activities criminal. It should
surprise no one that many Filipinos view the recruitment of their own women
as wives to foreign men a bit unsavory. Many Filipinos - obviously enough
to bring about the passage of Act 6955 - consider the practice a crime
against Philippine society, just as prostitution and recreational drug
use are considered crimes against American society.
The opening paragraph of the Act conveys the emotional impetus of the
legislators: "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."
Now, we have to keep in mind that whether or not an activity becomes
a crime against society is dependent upon the public's perception of the
activity. In this case, the media, both in the Philippines and in the west,
have frequently portrayed foreigners who marry Filipinas as piranhas. It's
easy to see why. No news is good news and good news is no news. No newspaper
or television show is going to waste its time with a story about a Filipina
who married a foreign man and who is now, well, happy. There is little
titillation in the description of such a woman's home life, after all.
A kid who is in the middle of his class, academically, and plays too many
video games? The wife's new job at Sears? A small house in the suburbs?
Yawn! No, the media like stories about white slavery, child rape, and sexual
exploitation. Those are newsworthy!
Sadly, there are some foreigners who feed that lust, and their crimes
are front page, lead story material. Even academics succumb to the temptation
to ignore the mundane and focus on the sensational. As a result, many Filipinos
have come to condemn any activity that remotely resembles those they read
about or see on television.
Also, let's be honest, a lot of Filipino men are understandably peeved
that so many of their women are looking for foreign husbands. Who can blame
them? The men of most nations are protective of their women. In World War
II, American comic books included scenes of beautiful white women in scanty
attire being captured by ridiculous looking, buck-toothed Japanese soldiers.
The message was clear: win the war, or the white women will be ravished
by the Japanese!
Not that things have changed that much...one reason women are not allowed
into combat roles in the U.S. armed forces is the fear that American women
might be captured by the enemy. The possibility that an American woman
might be sexually molested by her captors is far more abhorrent than the
possibility that a male American captive might get beaten or tortured.
You can bet that a lot of Filipino men are anxious to prevent the marriage
of "their" women to foreign men, and, forgive me for taking note of the
obvious, but the Philippine Congress is composed primarily of Filipino
men, and about half the voting public is also male. Thus, Act 6955 was
inevitable, both because "mail-order" marriages are perceived as crimes
against Philippine society, and because many Filipino men, like men everywhere
in the world, wish to deter the perceived capture and/or ravishment of
their women by foreigners. It does little good to bitch and moan about
the act, about whether it's fair or not, or whether it's based in reality
or fiction. Its foundation, as I've just described, is relatively firm,
and there's almost no chance that the law will disappear.
Now you may be wondering whether this law makes "matchmaking services"
illegal. In general, no, but there are exceptions. Determining factors
included whether such a company operating, wholly or in part, within the
Philippines, and whether the company actively soliciting the names and
addresses of Filipinas for inclusion in their listings.
The biggest names in the industry, like Cherry Blossoms and Sunshine
International, are U.S. based businesses that do not solicit Filipina clients.
These companies have been around so long, and are so big. that most Filipinas
who opt to be included in their listings learn of the companies through
word of mouth and then contact the them of their own volition.
However, if a company is operating within the Philippines and is actively
seeking Filipinas for inclusion in its listings, and is making a profit
from the selling of addresses for a fee, that would seem to be illegal.
The owner of small, Internet-based introduction service once wrote me
and offered the following comments, intended to clarify the matter:
"...a while back I engaged an attorney to research this to find out
what is what, because the republic act concerning this is only a condensed
version and I wanted details. As it was explained to him from a individual
in the Dept of Foreign Relations and a law maker, the law only holds up
if a fee is charged to a women in the Philippines and if the word 'marriage'
is employed to mean those arrangements are predisposed from the beginning.
We cannot solicit cold or advertise.
"So, since these services are U.S. based and charge no fee to the
women, it seems to be legal, but they do not want us promising marriage
(which cannot be done anyway). We are also required to advise the women
of their rights in the U.S. The reason for this law was that there were
services from other countries that were allowing men to bring brides to
their countries sight unseen without each of them seeing or knowing each
other beforehand. Needless to say, many of these women got into bad situations.
"In The U.S. this is not possible as INS regulations state that both
parties must meet in person at least once before a fiancée visa
will be issued. This law was really initiated because of the abuse many
Filipinas received from employers in foreign countries. The Japanese were
bringing women to their country and forcing them into prostitution and
sometimes took life insurance contracts out on them and had them killed.
Pretty bad stuff. We also tell our women their rights in the U.S. and we
do from time to time get guys who are looking for a sex partner for awhile
and we smell these sleaze bags out real fast. We arrange introductions
to single women and promise nothing as it is up to them to follow through.
We do this to conform to the laws."
Of course, I can't verify whether this information is correct or not.
I knew the operator to be a reputable individual, and have little reason,
myself, to doubt his account of things. There's always the possibility
that he himself got some bad advice, of course, or that he misinterpreted
his lawyer's explanation, but it is my opinion that the Act is usually
interpreted in the manner the operator prescribed.
I am personally aware of only one major case involving this Act. On
Feb. 10, 2000 the Philippine National Bureau of Investigation (NBI) arrested
an American, Perry McNeely, inside a hotel room in Lahug, Cebu City, after
he allegedly took photos of nude minors. He was also linked to a website
that featured nude Filipinas and other Asian women having sex. He was charged
with rape, child abuse and violation of Act 6955 and pled not guilty to
all charges.
It was alleged that McNeely befriended a number of Filipina women and
convinced them to either pose in naked or in swimsuits, promising them
that their pictures would be put on the Internet for the purpose of matching
them to foreign nationals. Because of the failure of the prosecution to
present any witness, the Regional Trial Court (RTC dismissed the charges.
Needless to say, this was big news in the Philippines, and McNeely's
case is a good example of why some Filipinos are so suspicious of foreigners
interested in Filipina brides, and why Act 6955 came into being.
In summary, neither you, nor your Filipina penpal, are breaking any
laws by being introduced to one another, nor by writing, visiting, or marrying
one another. Act 6955 explicitly states that, "Nothing in this act shall
be interpreted as a restriction on the freedom of speech and of association..."
This is true even if the company you use is found to be in violation
of the Act. Still, you should do your best to avoid the use of
companies that are in violation of the Act. There are plenty of legitimate
enterprises out there - why should you involve yourself with individuals
who would purposely violate Philippine law? Stay on the straight
and narrow.
Good luck!
All pages and materials contained
in this site (www.filipinawives.com, filipinawives.com) Copyright ©
2001, Bob Lingerfelt, all rights reserved. Visitors may use quotes
from this site if a link to this page is included adjacent to the body
of the quoted material.
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