News about marriage or co-habitation with a minor by an adult is always bothersome, if not irksome. In the Philippines, it is often perpetrated by group of people with their supposed tradition, culture or religion purportedly allowing the said act. However, this act is totally prohibited and is penalized as a crime under Republic Act No. 11596 or “An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof” which was passed into law on December 10, 2021.
Under Section 3 of Republic Act No. 11596, Child refers to 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, mental disability, or condition. Child marriage, on the other hand, is defined therein as 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;
The acts that are declared unlawful and prohibited under RA 11596 are:
(1) 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 (P40,000.00): 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, or fine of not less than Fifty Thousand Pesos (P50,000.00), 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 (P50,000.00): 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 (P50,000.00): 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.
It worthy to note that the abovementioned unlawful and prohibited acts under Republic Act 11596 are considered and deemed as public crimes. It means that the filing of a case against possible offenders or malefactors can be initiated by any concerned individual, and not just by the victim himself or herself and his or her family.
In its Declaration of Policy, Republic Act 11596 emphasized that 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. Also, that the State 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. And 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.
As a final note, 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. Articles 50 to 54 of the Family Code of the Philippines shall govern on matters of support, property relations, and custody of children after the termination of the child marriage.[1]
[1] Section 6, RA 11596