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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Republic Act No. 11596 views child marriage as a practice constituting child abuse because it debases, degrades, and demeans the intrinsic worth and dignity of children.
Republic Act No. 11596 seeks to eradicate the practice of child marriage in the Philippines by declaring it unlawful and imposing penalties on those who facilitate, solemnize, or participate in such acts.
Under its Declaration of State Policy, Section 1 of Republic Act No. 11596 provides that, consistent with Section 13, Article II of the Philippine Constitution, the State recognizes the vital role of the youth in nation-building and promotes and protects their physical, moral, spiritual, intellectual, and social well-being. In the pursuit of this policy, the State shall abolish all traditional and cultural practices and structures that perpetuate discrimination, abuse, and exploitation of children such as the practice of child marriage.
Section 1 of Republic Act No. 11596 further provides that:
The State likewise recognizes the role of women in nation-building and shall therefore protect and promote their empowerment. This entails the abolition of the unequal structures and practices that perpetuate discrimination and inequality.
The State further affirms that marriage shall be entered into only with the free and full consent of capacitated parties, and child betrothal and marriage shall have no legal effect.
Pursuant to these policies, the State thus views child marriage as a practice constituting child abuse because it debases, degrades, and demeans the intrinsic worth and dignity of children.
Interpretation of Republic Act No. 11596
In relation to the interpretation of the law, Section 2 provides that the best interests of the child shall be the primary consideration in the interpretation of the Act.
For purposes of the law, Section 3(a) defines a child as any human being under eighteen (18) years of age, or any person eighteen (18) years of age or over but who is unable to fully take care and protect oneself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.
Meanwhile, Section 3(b) defines child marriage refers to any marriage entered into where one or both parties are children as defined in the paragraph above, and solemnized in civil or church proceedings, or in any recognized traditional, cultural or customary manner. It shall include an informal union or cohabitation outside of wedlock between an adult and a child, or between children.
Unlawful and Prohibited Acts
To give effect to its policy against child marriage, Section 4 of Republic Act No. 11596 declares the following acts unlawful and prohibited:
a) Facilitation of Child Marriage
Any person who causes, fixes, facilitates, or arranges a child marriage shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (PhP40,000.00).
Provided, however, that should the perpetrator be an ascendant, parent, adoptive parent, step parent, or guardian of the child, the penalty shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (PhP50,000.00), and perpetual loss of parental authority.
Provided, further, that any person who produces, prints, issues and/or distributes fraudulent or tampered documents such as birth certificates, affidavits of delayed registration of birth and/or foundling certificates for the purpose of misrepresenting the age of a child to facilitate child marriage or evade liability under this Act shall be liable under this section, without prejudice to liability under other laws.
Provided, finally, that if the perpetrator is a public officer, he or she shall be dismissed from the service and may be perpetually disqualified from holding office, at the discretion of the courts.
b) Solemnization of Child Marriage
Any person who performs or officiates a child marriage shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (PhP50,000.00).
Provided, however, that if the perpetrator is a public officer, he or she shall be dismissed from the service and may be perpetually disqualified from holding office, at the discretion of the courts.
c) Cohabitation of an Adult with a Child outside Wedlock
An adult partner who cohabits with a child outside wedlock shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (PhP50,000.00).
Provided, however, that if the perpetrator is a public officer, he or she shall likewise be dismissed from the service and may be perpetually disqualified from holding office, at the discretion of the courts.
Provided, finally, That this shall be without prejudice to higher penalties that may be imposed in the Revised Penal Code and other special laws.
Public Crimes
In addition, Section 5 of Republic Act No. 11596 provides that the unlawful and prohibited act under the law are deemed public crimes and can be initiated by any concerned individual.
Legal Effect of a Child Marriage
As to the legal consequences of child marriage, Section 6 of Republic Act No. 11596 states that child marriage is void ab initio, and the action or defense for the declaration of absolute nullity of a child marriage shall not prescribe in accordance with Articles 35 and 39 of The Family Code of the Philippines.
Matters concerning support, property relations, and custody of children after the termination of the child marriage shall be governed by Articles 50 to 54 of The Family Code of the Philippines.
Enabling Social Environment
Finally, Section 7 of Republic Act No. 11596 provides that, to reinforce the prohibition and criminalization of child marriage, the government shall create an enabling social environment where the practice of child marriage shall not thrive, and for such purpose, the following policies shall be implemented, particularly for girls:
- empowerment of children through the provision of information, skills and support networks;
- enhancement of children’s access to and completion of quality education;
- provision of economic support and incentives to children and their families; and
- application of strategic interventions to influence and empower parents and community leaders to discourage and eradicate the practice of child marriage.
To implement these policies, culturally-appropriate and comprehensive programs and services shall be formulated by the Department of Social Welfare and Development (DSWD) in coordination with the government agencies identified in Section 8 of this Act as duty bearers and with concerned civil society organizations (CSOs) and nongovernment organizations (NGOs).
These programs shall be made and initiated by the DSWD within six (6) months from the effectivity of this Act.
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