By Atty. Gregorio B. Austral, CPA
Girls not brides: criminalizing child marriages
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 12 th 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 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)