Atty. Gregorio B. Austral, CPA
Child marriage now a crime in the Philippines
One in six Filipino girls are married before they are 18 years old or the legal age of majority, according to the 2017 Philippine National Demographic and Health Survey. With this fact, the Philippines ranks 12th based on absolute numbers. The study shows that the phenomenon of child marriage has been seen to have been practiced in indigenous and Muslim communities in the country.
UNICEF defines child marriage as any formal marriage or informal union between a child under the age of 18 and an adult or another child. This type of marriage robs girls of their childhood and threatens their lives and health. Girls who marry before 18 are more likely to experience domestic violence and less likely to remain in school. They have worse economic and health outcomes than their unmarried peers, which are eventually passed down to their own children, further straining a country’s capacity to provide quality health and education services. (https://www.unicef.org/protection/child-marriage)
The Philippines has recently joined the bandwagon of criminalizing child marriage with the passage of Republic Act No. 11596, also known as An Act Prohibiting the Practice of Child Marriage and Imposing Penalties, signed by President Rodrigo Duterte on Dec. 10, 2021.
The law defines child marriage 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 the law, the facilitation and solemnization of child marriage and cohabitation of an adult with a child outside wedlock shall be declared “unlawful and prohibited acts.”
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 PHP40,000. However, 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 PHP50,000, and perpetual loss of parental authority.
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 PHP50,000 in addition to perpetual disqualification from office if he or she is a public officer.
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 PHP50,000, and may be perpetually disqualified from holding office at the discretion of the courts if the perpetrator is a public officer.
Prision mayor is an “afflictive” type of penalty in terms of incarceration. Its minimum period is six years and one day to eight years, while its medium period is eight years and one day to 10 years. (source: https://www.pna.gov.ph/articles/1164695)