October 17, 1989

Ms. C. A. Reyes Santos

Assistant Director
Bureau of Trade Regulation and Consumer Protection
Department of Trade & Industry
361 Sen. Gil Puyat Ave.
Makati, Metro Manila
Madame:

This has reference to your letter dated September 6, 1989 requesting the opinion of
this Commission on the proposed partnership between a certain Mr. Smith of Surrey,
England and a Filipino.
It appears that the partnership shall advertise in the local newspapers and
magazines for Filipino women interested in writing to and eventually meeting English
gentlemen of their choice. Although not explicitly stated, the partnership intends to
establish the so-called "mail-to-order brides" service recently advertised in newspapers.
Different civic organizations have already voiced their concern and objection to this
"business" since it merely turns the "brides" into domestic helpers, not to mention its
adverse effect to the image of Filipino women. While the purpose of the partnership may
seem innocuous, its modus operandi and actual objective may be deemed immoral.
Moreover, some quarters claim that similar businesses are operated to circumvent labor
laws on overseas recruitment.
Hence, this Commission is of the view that the registration of the proposed business
should be denied on the following grounds:
a)
If they shall form a partnership, it shall be a violation of
Article 1770 of the Civil Code which provides as follows:
"A partnership must have a lawful object or purpose and must
be established for common benefit or interest of the partners".

b)
If a corporation, Sec. 17 of the Corporation Code should
be complied with which includes the following provision as one
of the grounds for disapproval of Articles of Incorporation:
2.
"That the purpose or purposes of the corporation are
patently unconstitutional, illegal, immoral or contrary to
government rules and regulations."
Incidentally, may we suggest that proper verification be made on whether Mr. Smith
may have already launched his proposed activities here in the Philippines considering that
there are information that certain entities are presently engaged in this activity.
Please be advised accordingly.
Very truly yours,

(SGD.) RODOLFO L. SAMARISTA

Associate Commissioner