I'm a criminal!

MindanaoBob
    

October 15, 2008 by MindanaoBob  
Filed under Bob, Feature

A lot of people who read this site are foreigners who are married to Filipinas (or Filipinos).  Did you know that if you belong to that group, you might be a criminal?  That’s right, and it’s something I’ve known about for some time, but learned more about today.  You see, back in the early 1990’s President Corazon Aquino made a Presidential Proclaimation that “Mail Order” Bride services were illegal.  Furthermore, a law was enacted later in the 90’s, Republic Act 6955, the “Mail Order Bride Law”.  To strengthen the fight, a few years ago the Philippines enacted a new law, which is much stronger, Republic Act 9208, the “Human Trafficking Law”.  RA9208 has provisions dealing with “Mail Order” brides.

Bob & Feyma MartinWhat is a “mail order” bride?  According to law, any service who introduces foreigners to Filipinas for marriage is enabling mail order brides.  Let’s face it, there is no such thing as a true “mail order” bride.  You can’t open a catalog, place an order and have the delivery made to you.  It simply is not so.

Today, I was watching a news program, “Mornings at ANC” and they had a guest, Attorney Carolina Ruiz-Austria from the UP College of Law.  She is an “expert” on the mail order bride issue.  In my opinion, most of what she had to say really had no basis in fact, and was frankly not very intelligently thought out.

One of the things that Attorney Austria said was that some time back, she knew a woman who came to know an Australian man over the Internet.  The couple got serious, and the man proposed marriage.  The woman was nervous whether the man was for real or not.  The attorney advised her to check the man through the Bureau of Immigration.  They found out that the man had visited the Philippines before, and he once sponsored a woman to come to Australia for marriage.  Because of that, Attorney Austria said that it proved that this man was up to no good, and should not be trusted!  I see nothing to not trust the man!  What if he had married the first woman and she already passed away?  Should that mean that he is not to be trusted?  I think not.

Frankly, when two people are introduced to each other, and they mutually decide to marry each other, I don’t see how that can be considered “human trafficking” in any way, and I see no reason why it should be illegal.  However, the way that the laws about this are written, it indeed is illegal!

Anyway, did you know that if you operate a website that introduces foreigners to Filipinas you are breaking the law?  It’s true.  That is one of the reasons that I don’t get into the whole issue here on LiP – it’s illegal!  If you operate such a website, or if you even make a personal introduction, you are liable for a penalty of up to P2 Million, and even up to life in prison, if you were to be convicted!  Is that crazy or what?  The good news is that Attorney Austria said that there has never been a case that was successfully prosecuted for violation of this law.

I confess.  I met Feyma almost 19 years ago through an introduction service.  We wrote to each other through the mail (there was no internet at that time for most people), talked on the phone, and ended up coming and marrying her.  Because of this, I am a criminal under Philippine law.

I hope that they don’t come and arrest me!

Comments

No Responses to “I'm a criminal!”
  1. Bob says:

    Hi andyp- I’m completely with your thinking! :lol:

    Looking forward to that coffee!

  2. Preben says:

    Hi Bob.
    First, nice layout of your new site, congratz.
    I have cut/paste a comment from you:(although it wasn’t illegal when I married Feyma)
    Does that mean that the law can be used even for marriages from before the law were passed. If so, does`nt that make the judge, that married me and my wife, a criminal?We were married 32 years ago.
    It is to me a silly law, however if the law is ment to protect innocent female that does not realize the possible danger they put themselves into by marrying a foreigner they only know by correspondence, it is allright.
    I do not imply that all are bad, far from that and since I have not read the law I cannot comment on that.
    I know a lot of people who met each other as penpals or via the net or via dating agencies and they are all happy.
    Came to think of a saying here: if you have a sack of potatoes, and there is one rotten potato, they are all bad. Is it not always like that, a few bad people makes us all suffer?

  3. Rusty says:

    As soon as I read the Human Trafficking law I wondered about Filipina Heart! I saw some clever wording on the site that was probably an attempt to get outside that law. Though what you’ve done and Filipina Heart has done is not within the intent of the law, I’d hate to rely on that in a country that operates without jury trials.

  4. Bob says:

    Hi Preben- Thank you Preben, I’m glad you like the new place! :lol:

    I do not believe that such a marriage is illegal, I was even kind of taking a little license with the wording… But, the act of introduction, or making the match between two people is indeed illegal under the two laws that I cited. One thing that is funny, though, under the Human Trafficking act, it is only illegal if it is a Filipina who is marrying a foreign husband. There is no reason to think that a Filipino could not be involved in trafficking either, and is frankly just as likely as a foreigner is. Frankly, I feel that the law is not only crazy, but it is also discriminatory.

  5. Bob says:

    Hi Rusty- I don’t think that my site could be aligned with that act in any way. What I have here is about living in the Philippines and I really don’t get into marrying, introductions and such at all.

    I fully agree with you on the legal system.

  6. Hi Bob- When I met Marilou there was none of this internet malarkey only good old fashioned pen and paper and the postman.
    Since then I’ve been her personal slave so who’s doing the trafficking now?If it was not for the fact that I love her so much I would have sued the Philippines government for fraud hahaha!.
    When two people come together and are in love let no man put assunder lawyer or otherwise. So many more years of happiness to all married and about to get married readers of this site.
    Kind regards.
    Jim.

  7. Bob says:

    Hi Jim Cunningham- Ha ha… you forget, Jim… I’ve met Marilou! She is such a nice lady, I know that you are pulling my leg!

    (also, just in case you are telling the truth, I want to be real nice to her, so that I don’t get on her bad side!) :shock:

  8. Jason says:

    I feel like im the only youngster posting here, haha. Well I met Anna Lou with http://www.cebuanas. com and it seems that being introduced via websites is illegal. However, you would think that the Attorney Carolina doesn’t know very much does she because some people pay the the website to meet the girl (packages) and others consent to meeting each other. I don’t see why meeting a woman would be a crime for a chance to be happy a crime. I do understand the law though because I have read articles about filipinas being pushed into prostitution once in another country.
    All I have to say is that Anna and I are happily married since June 2008! We are only 25-26 years old respectively, so you all guys have much more experience in being married than I am :)

  9. Bob says:

    Hi Jason- I was 28 when I married Feyma in 1990, so similar in age to where you are today. We have been married for more than 18 years now, and it’s been a great adventure. Congratulations to you and Anna Lou, I wish you the very best.

  10. BrSpiritus says:

    You know Bob I’d invite you out for coffee but everytime we go we end up with lemonade… so maybe we should meet for lemonade some time :lol:

  11. Bob says:

    Hi BrSpiritus- I was thinking that the last time we got together! My schedule is pretty tight the rest of this week, though. Next week, na lang?

  12. Erwin says:

    The laws go far beyond marriage agencies.

    When my wife left the Philippines she had to spend half a day at the CFO (Commission for Overseas Filipinos) in Manila, informing her about the dangers of a relationship with a foreigner. We all seem to beat, rape and exploit…

    Instead the Filipino government should do something to protect OFWs. On a regular basis I see horror stories of abused Filipina’s pass by on TFC. Obviously the government won’t take action; they rather sacrifice a few people in exchange for $$$. The same also applies for the adult entertainment sector in the Philippines.

    BTW – George W has also introduced legislation related to protect “mail-order-brides” (International Marriage Broker Regulation Act ). I don’t think this will bring major change though.

  13. Cheryll Ann says:

    I think it’s a stupid law… geez! It’s none of the governments busines!

    And this is even stranger!

    Hi Dan Mihaliak- It depends…. Under Philippine law, if a Filipino is married to a foreigner and migrates outside the Philippines, they are still not allowed to file for divorce. However, if it is the foreign spouse that applies for the divorce, the divorce is recognized by the Philippine Government. However, if it was your wife who filed for the divorce, it is not recognized as legitimate by the Philippine government.

    *me* FAINTS!

  14. Bob says:

    Hi Erwin- Yes indeed, that CFO seminar has always been sort of “anti-foreigner” from everything I have ever heard. Not good…

  15. Bob says:

    Hi Cheryll Ann- Yeah, these are crazy laws! Of course, I can’t talk too much, the US lawmakers do crazy things too! :shock:

  16. marie says:

    Hello Bob! Wow… Nice article…. and nice new layout you got here!

    I’m a young Filipina and very much interested in your site and your blogs, nice gesture I may say.

    The government maybe trying to protect Filipinas from human-trafficking like white slavery and prostitution but I believe that if both a Filipina and a foreigner decide to get married, whatever the manner of meeting each other, it’s their own decision and responsibility. There are risks involve of course but it’s normal in every couple, may it be both Filipinos or inter-race relationship.

    Good luck and more power! :)

  17. Bob says:

    Hi marie- Thanks for your comment, and I’m glad that you enjoy the new site layout!

    Yes, I agree that this is a mutual decision that is not the business of the government.

    Come back and visit often!

  18. Big Murry says:

    Hello to all,

    Most of the time I’m just a reader of the site, every once in a while I do feel like adding my 2 cents. Residing in the US I spent some time reading the IMBRA laws just to see what the effect would be on marrying a woman from outside of the US. Seems strange now referring to my fiance as a foreigner. As far as IMBRA goes, as long as the website isn’t charging a fee for the introductions or arranging marriages you are OK. I was concerned when all this legislation passed because my fiance and I had met through an introduction sight, but it is a free sight. I didn’t want to get to the embassy in Manila for the visa interview and have them turn us down for a fiance visa because we had met on-line. Two years have passed since that first email and we will be going for that interview in Manila in a couple of weeks. I’m getting ready to make my third trip to Mindanao in the next couple of weeks also. It seems the biggest thing they (US Immigration Services) seem to be concerned about is sham marriages. Besides verifying you have all your documentaion in line they are the gate keeping in determining if you and your significant other have a legitimate relationship. My personal take on the IMBRA push on the US side is that so many US men are now marrying foreign women that the middled aged overweight baggage carrying American woman with an attitude in the US can’t buy a date on most nights of the week. They complain to their female feminist lawyer friends and the next thing you know we have legislation passed making it harder for American man to marry a woman not born in the states. In the US men seeking a wife from outside the country are portrayed as seeking out poor uneducated foreign women, because they haven’t got what it takes to maintain a relationship with your average femist nazi. In my case, my fiance has two college degrees, has a good job and will be pushing the big 30 soon. She is not some young nieve street urchin willing to do anything to get out of poverty as the media here in the states likes to portray most women marrying US men. I realize their is a lot of poverty in the Philippines, I have seen it first hand. Poverty does cause a lot of the problems related to human trafficking and abuse of OFW’s. I don’t understand the rational of most of this legislation in the Philipines or the US when it comes to two adults decideding to share a life together. Take for instance two unemployed 16 year old high school drop outs can marry and start a family in the US and all they need is their parents permission. But when two mature adults want to have a relationship and one is from outside the US border, well then its time to get the FBI involved. They want background checks, bank account records, copies of tax returns, employment records, travel documents, birth certificates, receipts, photos, notorized statements, divorce records and other documentation. I would agree that their should be some things in place to protect people, protect people from this type of legislation.

    I just want to get through the paperwork jungle before they decided to pass even more laws relating to foreign marriages.

    OK that might have been 4 cents worth.

    Cheers.

  19. Bob says:

    Hi Big Murry- Good luck as you go through the immigration process. I hope that everything works out for the best for you and your wife!

  20. Big Murry says:

    Thanks Bob,

    Hopefully everything will go smoothly at the interview. So far we have cleared all the hurdles. My fiance passed her medical this week and is now back in Ozamiz. We should have all the T’s crossed and the I’s dotted when we go for the interview. I plan on attending with her, for the most part the interview has to do with the proof of relationship requirement and submitting the affidavit of support. Being there with her takes care of most of that. The one thing I didn’t really take into account when we started on this journey was the cost. I had read on another site that you should plan on about $10,000 to go through the process of meeting, courting and marrying a pinay. This might seem strange to want to know but I guess I wanted to be sure that if I did meet the right one that I could follow through on my commitment. By the time my fiance walks through my door in the US it will be more in tune to about $16,000 and I did most of the petition paperwork myself. That may be a little high for some because it includes the money spent traveling together in the philippines on my first two trips and I stayed for several weeks on each trip. I can’t even begin to tell you how glad I am to see the exchange rate reaching 49:1 in the Philippines. I have exchanged many dollars at the 40:1 rate. How is it possible to spend that much? Just the flights to PI and our traveling account for about 8K ( that includes her flight here), sending suport after our first meeting (yes, I wanted to after seeing what a difference the money will make in the life of the average Pinay), dental work, driving lessons, clothes, gifts and all the costs associated with the visa process (passport, Cert of Non-Marriage, NBI check, birth certificates, petition fees, medical fees, visa fees). Oh, and not to forget that phone bill, over the last two years that has creeped easily over a $1000. I know I’m just getting in on the end of the thread but hopefully it can shed some light on what the realistic expenses are. As I said in the beginning the cost was kind of a surprise. I don’t think there is any way to put a value on love and commitment, although lawyers here in the US have tried. I can say the last two years have been some of the most exciting in my life. I had traveled some outside of the US before, but never to the extend that I have lately. Learning about other cultures, meeting new friends and just seeing how other people live has been enlighting. Looking back the money is actually the easiest part of the process, meeting the right pinay was the hard part. The real investment was one of time, writing letters, emails, chatting, phone calls and then being able to spend time together. Do I think it was worth it, yes, every minute and every peso. I still owe Bob another thank you, if it had not been for the things I had read here I would have never ventured Mindanao.

    Like the new format of your site Bob. Your insight has helped me alot over the last couple of years. I should include that also goes for your contributing column writers.

    Keep up the good work.

  21. Bob says:

    Hi Big Murry- The expenses can certainly add up quickly when you are in such a long distance relationship! No doubt there. I wish you the best of luck, and hope that it all goes smoothly for you, though.

  22. Lea says:

    It’s just not crazy, it’s plain hypocrisy! My husband and I met through a mutual friend, so, it doesn’t even apply to us.

    However, if she thinks that it’s really illegal, it’s easy to catch these – go to any embassies that process fiancee/fiance visas – interviewers asked applicants how they met their fiance/fiancee – and if it’s from introductory site – then they should prosecute them. But no, it never happened and will never happen – why? because it has no legal basis. Evidently, she’s not an expert at all. I do believe there are exceptions to the rule. And since, I haven’t seen the show personally, I guess I don’t have the right to judge her.

    Also, I do want to hear what will that lawyer say about the remittances that these “mail-order-drides” sent to their families in the Philippines.

    Sorry for my comments – I just have to vent. I just hate hypocrites, that’s all.

    I wish they will create more laws about child trafficking there – I’ve seen a documentary before – and it wasn’t pretty.

    Peace!

  23. Bob says:

    Hi Lea- According to the show that I saw, there have been prosecutions, but never a successful one. What a waste of resources!

  24. Allan says:

    Bob, you are still lucky. After 30 years living in the Philippines, a evil judge filed a case against me and have me deported. Blowing the horn of a car is “unjust vexation” and this is a criminal case. Once you have a criminal case as a foreigner you can be deported. The case was very unfair, no witness and corrupt fiscals. First you loose all your money to lawyers and when you are finish they kick you out. The impact of my case was, that 880 Pinoys have now no more job since we transferred the plant to Thailand.

  25. Bob says:

    Hi Allan- I am sorry to hear of your troubles. Unfortunately, I feel that the Philippine government is quick to deport foreigners, and often for very little reason. Good luck in Thailand!

  26. Frank says:

    Hello Bob,
    Enjoyed your website very much and also your frankness and humor, look forward to reading your books. You’re a breath of fresh air, keep up the good work. Tx. Frank

  27. Bob says:

    Hi Frank- Thank you very much for your words of encouragement.

  28. Hewie says:

    Very interesting articles!
    I was hoping to come to GS to see if I could get another small yacht and possible a female companion for sailing in the Pacific, how would I stand in such a situation?
    Please reply privately
    Thankyou

    Hewie

  29. MindanaoBob says:

    Hello Hewie – I prefer to communicate over the Magazine site rather than privately, so that I only have to answer questions once. If I answer privately, then I have to reply again every time a similar question arises.

    There is only one potential problem with your plan that I can think of. The lady would have trouble traveling to other countries without a visa. For example, you as a British citizen (I assume, given your e-mail address) can enter most countries without need for a visa. The same is not the case for a Philippine citizen. So, I am just unsure how that part will work.

    Enjoy your travels.

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