QuestionsQuestions (IRR Republic Act No. 11596)
They are the “Implementing Rules and Regulations (IRR) of Republic Act (R.A.) No. 11596,” and they implement RA 11596, “An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof.”
The State recognizes the vital role of youth and affirms human rights of children and women; it views child marriage as a practice constituting child abuse that degrades the dignity of children, and mandates abolition of practices that perpetuate discrimination, abuse, and exploitation.
Any person under 18 years of age, or any person 18 years of age or over but unable to fully take care and protect oneself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.
Any marriage where one or both parties are children, solemnized in civil or church proceedings or in recognized traditional/cultural/customary manner; it also includes an informal union/cohabitation outside wedlock between an adult and a child or between children for purposes of the Act.
‘Cohabitation of an adult with a child outside wedlock’ is living/dwelling together in an informal union between an adult and a child outside wedlock. ‘Cohabitation’ is dwelling together in the manner of husband and wife or partners for some period of time, regardless of sexual orientation or gender identity/expression, and is distinct from occasional/transient intervals for unlawful intercourse.
Causing, fixing, facilitating, or arranging the child marriage of contracting parties that leads to their marriage and cohabitation.
An adult who commits any prohibited acts considered unlawful under Section 4 of the Act.
Unlawful acts include: (1) Facilitation of Child Marriage, (2) Solemnization of Child Marriage, and (3) Cohabitation of an adult with a child outside wedlock. For facilitation: penalty is prison mayor in its medium period and a fine of at least ₱40,000; if the perpetrator is an ascendant/parent/adoptive parent/step-parent/guardian, penalty is prison mayor in its maximum period, fine at least ₱50,000, and perpetual loss of parental authority.
The solemnizing officer/person who performs/officiates suffers prison mayor in its maximum period and a fine of at least ₱50,000; if a public officer, dismissal and possible perpetual disqualification may be ordered. The IRR also requires solemnizing officers to conduct due diligence before solemnizing a marriage.
Prison mayor in its maximum period and a fine of at least ₱50,000; if a public officer, dismissal and possible perpetual disqualification at the discretion of the courts; without prejudice to higher penalties under the Revised Penal Code and other special laws.
Yes. They are deemed public crimes, and prosecution may be initiated by any concerned individual.
Child marriage is void ab initio. The action or defense to declare absolute nullity of a child marriage shall not prescribe, pursuant to Articles 35 and 39 of the Family Code.
The IRR states that the best interest of the child shall be a paramount consideration and the ‘do no harm’ principle shall be applied at all times.
DSWD is the lead implementing agency. It must provide programs and services including legal services, health services, psychosocial services, counseling, educational and livelihood/skills development, temporary shelter, and other assistance to protect victim-survivors and their offspring, including awareness campaigns on the negative effects of child marriage.
DepEd must integrate age- and development-appropriate, culturally-sensitive information on child marriage into its curriculum and monitor integration in education systems and capacity-build personnel. CHR must monitor implementation (as Gender Ombud and through its Child Rights Center), advocate with IEC materials, ensure child participation, facilitate legal remedies, assist in filing cases, and issue policy advisories.
DILG must issue Memorandum Circulars/Advisories enjoining LGUs to implement IE campaigns, create protection protocols based on DSWD guidance, facilitate regular parenting/counseling sessions, coordinate with councils/desks handling reports, use DSWD’s reporting/referral mechanism, and maintain a database for cases.
Family Courts must apply the IRR of the Social Aspects of RA 8369 for relevant proceedings; CSWOs may coordinate with first responders to prepare victim profiles, recommend referrals to services, conduct case studies/home visitations, provide psychosocial counseling, coordinate delivery of resources, and perform other functions directed by the court considering the best interest of the child.
It takes effect fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation.