Question & AnswerQ&A (IRR Republic Act No. 11596)
The IRR is known and cited as "The Implementing Rules and Regulations of Republic Act No. 11596 otherwise known as An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof."
The State recognizes the vital role of the youth in nation-building, promotes and protects their well-being, and shall abolish all traditional and cultural practices that perpetuate child marriage, viewing it as child abuse that debases the dignity of children.
A "child" refers to any person under eighteen (18) years of age, or any person eighteen (18) years of age or over who is unable to protect themselves from abuse, neglect, or exploitation due to physical or mental disability or condition.
Child marriage refers to any marriage where one or both parties are children as defined, solemnized in civil, church proceedings, or any recognized customary manner, including informal unions or cohabitations outside wedlock between a child and an adult or between children.
Persons who facilitate child marriage shall suffer prison mayor in its medium period and a fine of not less than Forty Thousand Pesos (P40,000). If the perpetrator is a parent, guardian, or similar, the penalty is prison mayor in its maximum period, a fine of not less than Fifty Thousand Pesos (P50,000), and perpetual loss of parental authority.
Child marriage is void ab initio, meaning it has no legal effect from the beginning. Actions to declare the nullity of child marriage do not prescribe under the law.
The Department of Social Welfare and Development (DSWD) is the lead agency responsible for implementing the Act, creating programs addressing child marriage, and providing comprehensive services to victim-survivors and their offspring.
The Commission on Human Rights (CHR), Council for the Welfare of Children (CWC), Department of Education (DepEd), Department of the Interior and Local Government (DILG), Department of Health (DOH), Department of Justice (DOJ), National Commission on Indigenous Peoples (NCIP), National Commission on Muslim Filipinos (NCMF), Philippine Commission on Women (PCW), and Supreme Court all have specific roles in monitoring and implementing the Act.
Solemnizing officers who perform child marriage shall suffer prison mayor in its maximum period and a fine of not less than Fifty Thousand Pesos (P50,000). Public officers among them may be dismissed from service and perpetually disqualified from holding office.
An adult cohabiting with a child outside wedlock shall suffer prison mayor in its maximum period and a fine of not less than Fifty Thousand Pesos (P50,000). Public officers can be dismissed and disqualified. This is without prejudice to other higher penalties under other laws.
The government shall create an enabling social environment to prevent child marriage by empowering children with information, ensuring quality education, providing economic support, applying strategic interventions to influence parents and community leaders, and implementing social and behavioral change communication campaigns.
Facilitation of Child Marriage is causing, fixing, or arranging child marriage leading to marriage and cohabitation. Solemnization of Child Marriage refers to performing or officiating ceremonies that lead to child marriage or cohabitation.
Child marriage acts are public crimes; prosecution may be initiated by any concerned individual. The DOJ ensures prosecution and legal services access. DSWD develops reporting and referral mechanisms, including an Electronic Case Management System for monitoring.
Children involved in prohibited child marriages, whether as bride or bridegroom, are treated as victim-survivors, not as offenders, hence preventing their criminalization.
The Supreme Court develops training for judiciary members to handle child marriage cases sensitively, ensures Family Courts apply relevant procedural rules, and facilitates coordination of social workers for victim support during court proceedings.