Republic Act No. 6955 - Implications for You

 
 

 


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. 

All original materials on this website (www.asawa.org, www.filipinawives.com) are copyrighted by the author, Bob Lingerfelt, 1997 -2007  with materials on file at the U.S. Copyright Office.  No reproduction is authorized, in any form, without express permission of the author.

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You May Be  Married to a Filipina if…

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