10/01/2022
The Philippine Commission on Women (PCW) welcomes the law prohibiting child marriage through the enactment of Republic Act 11596 signed by President Rodrigo Duterte on December 10, 2021 and released on January 6, 2022.
The law defines a child as a person below 18 years old or anyone of legal age but unable to fully protect oneself from abuse, neglect, or cruelty because of a physical or mental disability or condition. It then refers to child marriage as “any marriage entered into where one or both parties are children 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.”
Under RA 11596, the facilitation and solemnization of child marriage, as well as cohabitation of adults with children shall be penalized. Thus, a person who causes, fixes, facilitates, or arranges a child marriage shall suffer the penalty of prision mayor in its medium period or up to 10 years of imprisonment and a fine of not less than PHP 40,000. Should the perpetrator be an ascendant, step-parent, or guardian of the minor, the penalty will constitute a 12-year imprisonment, a fine of not less than PHP 50,000, and the perpetual loss of parental authority over the minor. Anyone who produces or alters documents to misrepresent the age of a child shall also be liable [Section 4(a)].
Individuals who perform or officiate the child marriage, as well as adults who cohabit with a child outside of marriage shall also be penalized [Sections 4(b) and (c)].
Section 5 of the law classifies these as public crimes, which means that complaints could be initiated by any concerned individual.
PCW Executive Director Atty. Kristine Rosary E. Yuzon-Chaves lauded the passage of this landmark law, which the PCW supported by acting as resource person in Congressional hearings and technical meetings, providing inputs and recommendations through policy recommendations, and actively seeking the support of lawmakers and relevant committees.
“The law finally recognizes child marriage as a crime across the Philippines. It addresses legal gaps that allow this practice that threatens the health, well-being, and development of children. With this enactment, we can protect girls from being trapped in unwanted marriage, early pregnancy, violence, and other violations to their human rights and dignity,” said Atty. Yuzon-Chaves.
A law prohibiting child marriage is a significant stride in the Philippines, where one in six Filipino girls get married before reaching the age of 18. Currently, the country ranks 12th worldwide in terms of absolute number of child marriages and unions.
In the Philippines, the legal age of marriage under the Family Code is eighteen years old. However, in some religions and cultures, child marriage is practiced. Some allow the marriage of a female at the age of puberty, which is presumed upon reaching the age of fifteen. However, many children’s rights advocates argue that early child marriage has adverse long-term physical, psychological, and emotional effects and will curtail the development and attainment of a child’s full potential, among others.
Read the full statement here:
https://pcw.gov.ph/pcw-welcomes-law-prohibiting-child-marriage/
Full text of the law is available here:https://www.officialgazette.gov.ph/downloads/2021/12dec/20211210-RA-11596-RRD.pdf
