Question & AnswerQ&A (Republic Act No. 11596)
The law prohibits the practice of child marriage and considers it a form of child abuse that debases, degrades, and demeans the intrinsic worth and dignity of children. It mandates that marriage shall only be entered into with the free and full consent of capacitated parties, rendering child marriage legally void.
A child is defined as any human being under eighteen (18) years of age, or any person eighteen years or over but who is unable to fully take care and protect oneself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.
The unlawful acts include: (a) facilitation of child marriage, (b) solemnization or officiation of child marriage, and (c) cohabitation of an adult with a child outside wedlock.
Facilitators of child marriage are penalized with prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000.00). If the perpetrator is an ascendant, parent, adoptive parent, stepparent, or guardian, the penalty is prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000.00), and perpetual loss of parental authority.
The solemnizing officer faces prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000.00). Public officer perpetrators are also dismissed from service and may be perpetually disqualified from holding public office.
Yes, if the perpetrator is a public officer, in addition to the penalties provided, they shall be dismissed from service and may be perpetually disqualified from holding public office, at the court's discretion.
Child marriage is void ab initio, meaning it is considered null from the beginning. The action or defense for its absolute nullity shall not prescribe.
The Department of Social Welfare and Development (DSWD) is the lead agency responsible for implementing this Act and creating programs to address child marriage.
DepEd is mandated to include culturally-sensitive and age-appropriate modules and discussions on the impacts and effects of child marriage in its comprehensive sexuality education curriculum.
Yes, the law requires implementing agencies to ensure continuing consultations with women, girls, youth organizations, and civil society organizations, guaranteeing their full and active participation in decision-making processes.