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. cdphil 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". Cdpr 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. cda Very truly yours, (SGD.) RODOLFO L. SAMARISTA Associate Commissioner