An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof

Case Overview and Summary

Summary of Republic Act No. 11596 (An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof)

Declaration of State Policy (Section 1)
- Recognizes the vital role of youth in nation-building and promotes their well-being.
- Abolishes traditional and cultural practices that perpetuate discrimination, abuse, and exploitation of children, such as child marriage.
- Protects and promotes the empowerment of women by abolishing unequal structures and practices.
- Affirms human rights of children consistent with international conventions and domestic laws.
- Views child marriage as a practice constituting child abuse.

Interpretation of the Act (Section 2)
- The best interests of the child shall be the primary consideration in interpreting this Act.

Definition of Terms (Section 3)
- Child: Any human being under 18 years old or unable to fully take care of oneself due to disability or condition.
- Child marriage: Any marriage where one or both parties are children, solemnized in civil, church, traditional, cultural, or customary manner, including informal unions or cohabitation.
- Guardians: Relatives, individuals, or court-appointed persons taking custody of a child.
- Parents: Biological or adoptive parents.
- Solemnizing officer: Any person authorized to officiate a marriage.

Unlawful Acts (Section 4)
- Facilitation of child marriage: Penalty of prision mayor in its medium period and a fine of not less than P40,000, or prision mayor in its maximum period, a fine of not less than P50,000, and perpetual loss of parental authority if the perpetrator is an ascendant, parent, adoptive parent, step parent, or guardian. Public officers may be dismissed and perpetually disqualified from holding office.
- Solemnization of child marriage: Penalty of prision mayor in its maximum period and a fine of not less than P50,000. Public officers may be dismissed and perpetually disqualified from holding office.
- Cohabitation of an adult with a child outside wedlock: Penalty of prision mayor in its maximum period and a fine of not less than P50,000. Public officers may be dismissed and perpetually disqualified from holding office.

Public Crimes (Section 5)
- The unlawful and prohibited acts are deemed public crimes and can be initiated by any concerned individual.

Legal Effect of a Child Marriage (Section 6)
- Child marriage is void ab initio (void from the beginning).
- The action or defense for the declaration of absolute nullity of a child marriage shall not prescribe.
- Articles 50 to 54 of The Family Code of the Philippines shall govern matters of support, property relations, and custody of children after the termination of the child marriage.

Enabling Social Environment (Section 7)
- The government shall create an enabling social environment where the practice of child marriage shall not thrive, particularly for girls, through:
- Empowerment of children through 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.
- Strategic interventions to influence and empower parents and community leaders to discourage and eradicate the practice of child marriage.
- The DSWD shall formulate culturally-appropriate and comprehensive programs and services in coordination with other government agencies, CSOs, and NGOs within 6 months from the effectivity of this Act.

Implementing Government Agencies as Duty Bearers (Section 8)
- DSWD: Take the lead in implementation, create programs, provide services, and conduct awareness campaigns.
- CWC: Work closely with DSWD, strengthen policies, and include prevention of child marriage in the PPAEVAC.
- DOJ: Ensure penal provisions are carried out and provide access to justice and legal services.
- DILG: Institute information and prevention campaigns, mandate LGUs to provide interventions and support, and establish a system of reporting cases.
- DepEd: Include modules and discussions on the impacts and effects of child marriage in its comprehensive sexuality education curriculum.
- DOH: Ensure access to health services, including sexual and reproductive health services and mental health services for children in child marriages and their offspring.
- Supreme Court: Organize training programs for relevant courts and ensure strict application of the law.
- PCW: Integrate dissemination of the provisions in public awareness and behavior-change communications programs.
- CHR: Monitor the implementation of this Act as Gender Ombud and through its Child Rights Center/Desk.
- NCMF: Include awareness-raising campaigns within Muslim communities, monitor and report cases, and ensure faithful implementation and interpretation in the best interests of the child.
- NCIP: Include awareness-raising campaigns within indigenous cultural communities/indigenous peoples, monitor and report cases, and ensure faithful implementation and interpretation in the best interests of the child.

Participation of Women, Girls, Youth Organizations, and Civil Society Organizations (Section 9)
- Implementing government agencies shall ensure continuing consultations with women, girls, and youth organizations as well as CSOs, whose full and active participation shall be guaranteed in every step and stage of decision-making processes.

Implementing Rules and Regulations (Section 10)
- Within 60 days from the effectivity of this Act, the DSWD as lead agency shall, in coordination with other agencies and representatives, promulgate rules and regulations to implement this Act.

Transitory Provision (Section 11)
- Within 1 year from the effectivity of this Act, the NCMF and NCIP shall extensively undertake measures and programs in their respective jurisdictions to assure full compliance with this Act.
- During the transition period of 1 year, the application of Sections 4 (a) and (b), and Section 5 to Muslim Filipinos and indigenous cultural communities/indigenous peoples shall be suspended.

Separability Clause (Section 12)
- If any provision or part of this Act is declared invalid or unconstitutional, the remaining parts or provisions not affected thereby shall remain in full force and effect.

Repealing Clause (Section 13)
- All laws, decrees, executive orders, issuances, rules and regulations, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Effectivity (Section 14)
- This Act shall take effect within 15 days after its publication in the Official Gazette or in one (1) newspaper of general circulation.