Deportation Process for Fraudulent Marriage in the Philippines

Introduction

Fraudulent marriages, also known as sham or fake marriages, occur when a couple enters into marriage not for genuine marital purposes but for circumvention of immigration laws. In the Philippines, this practice is illegal and can lead to deportation, criminal charges, and other legal consequences. This article outlines the legal framework, process, penalties, and remedies related to deportation due to fraudulent marriage in the Philippine context.

Legal Basis for Deportation Due to Fraudulent Marriage

Several Philippine laws and regulations address fraudulent marriages, particularly in the context of immigration:

Philippine Immigration Act of 1940 (Commonwealth Act No. 613)
- Under Section 37(a)(9), any foreign national found to have committed fraud or misrepresentation in obtaining an immigration status, including through a fake marriage, may be deported.
Revised Penal Code (Act No. 3815)
- Article 172 (Falsification of Documents) and Article 347 (Marriage Contracted Against Provisions of Laws) impose criminal liability for those who falsify marriage documents or enter into unlawful marriages.
Anti-Trafficking in Persons Act of 2003 (RA 9208, as amended by RA 10364)
- Sham marriages linked to human trafficking (e.g., mail-order brides) are punishable under this law.
Philippine Family Code (Executive Order No. 209, as amended)
- A marriage that is proven to be fraudulent or entered into without consent can be declared void ab initio.

Indicators of a Fraudulent Marriage

Authorities assess various factors to determine whether a marriage is fraudulent, including:

Lack of genuine marital cohabitation.
Significant age gaps or language barriers.
Absence of a shared life (e.g., no joint bank accounts, properties, or children).
Evidence of payment in exchange for marriage.
Conflicting answers in immigration interviews.

Deportation Process for Fraudulent Marriage

1. Investigation & Surveillance

The Bureau of Immigration (BI), in coordination with the Department of Justice (DOJ) and National Bureau of Investigation (NBI), may initiate investigations into suspected fraudulent marriages.
Complaints can be filed by individuals, government agencies, or whistleblowers.

2. Legal Proceedings & Hearings

If fraud is suspected, the foreign spouse may be summoned for questioning.
The Board of Special Inquiry (BSI) of the BI holds hearings where evidence is presented.
Testimonies from the Filipino spouse, witnesses, and immigration officers are evaluated.

3. Cancellation of Visa & Deportation Order

If proven guilty, the foreign spouse's visa is revoked.
The Board of Commissioners (BOC) of the BI issues a Deportation Order.
The foreign spouse is blacklisted from re-entering the Philippines.

4. Enforcement of Deportation

The BI coordinates with law enforcement for the arrest and detention of the foreigner at the Bureau of Immigration Warden Facility (BIWF) or another designated detention center.
The foreigner is escorted to their country of origin at their expense.

Legal Consequences for Both Spouses

For the Foreign Spouse

Deportation & Blacklisting – Permanent ban from re-entering the Philippines.
Criminal Charges – Possible imprisonment if other laws (e.g., falsification of documents) are violated.
Nullification of Marriage – The fraudulent marriage can be declared void by the courts.

For the Filipino Spouse (If Complicit)

Criminal Liability – May be charged for conspiracy or falsification.
Civil Liabilities – May be ordered to pay damages if fraud was committed.
Disqualification from Sponsorship – May be barred from sponsoring another foreign spouse in the future.

Defenses & Remedies for the Accused Foreign Spouse

If a foreign spouse believes they are wrongly accused of entering into a fraudulent marriage, they may:

Contest the Deportation Order
- File an appeal with the DOJ or the Office of the President.
- Provide evidence of a genuine marriage (e.g., joint bank accounts, shared properties, children).
Petition for Judicial Review
- File a case in the Court of Appeals or Supreme Court to challenge the BI’s decision.
Apply for a New Visa (if eligible)
- If the marriage is annulled but was legitimate, the foreign spouse may seek a new immigration status.

Conclusion

The Philippine government strictly enforces immigration laws to prevent fraudulent marriages. Foreign nationals who engage in such marriages face deportation, while Filipino citizens who participate may also face legal consequences. To avoid these issues, couples should ensure their marriage is legitimate and compliant with the law.