Question & AnswerQ&A (Republic Act No. 11596)
The primary objective of Republic Act No. 11596 is to prohibit the practice of child marriage in the Philippines and to impose penalties for violations thereof.
A 'child' is defined as any human being under eighteen (18) years of age, or any person eighteen 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 or mental disability or condition.
Child marriage refers to any marriage where one or both parties are children (as defined above), solemnized in civil or church proceedings, or any recognized traditional, cultural, or customary manner. It also includes informal union or cohabitation outside of wedlock between an adult and a child, or between children.
The unlawful acts prohibited are facilitation of child marriage, solemnization of child marriage, and cohabitation of an adult with a child outside wedlock.
Persons who facilitate 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). If the perpetrator is an ascendant, parent, adoptive parent, stepparent, or guardian, the penalty is prision mayor in its maximum period, a fine not less than Fifty thousand pesos (P50,000.00), 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 Fifty thousand pesos (P50,000.00). If the perpetrator is a public officer, they shall be dismissed from service and may be perpetually disqualified from holding office.
Child marriage is void ab initio (from the beginning), meaning that it has no legal effect from the outset under this law.
Key government agencies include the Department of Social Welfare and Development (DSWD), Council for the Welfare of Children (CWC), Department of Justice (DOJ), Department of the Interior and Local Government (DILG), Department of Education (DepEd), Department of Health (DOH), Supreme Court, Philippine Commission on Women (PCW), Commission on Human Rights (CHR), National Commission on Muslim Filipinos (NCMF), and National Commission for Indigenous Peoples (NCIP).
The DSWD leads in implementing the Act, creating programs addressing child marriage prevalence, providing services such as legal, health, psychosocial, educational, livelihood support, temporary shelter, and raising awareness on effects of child marriage.
Yes, the unlawful acts under this Act are deemed public crimes and prosecution may be initiated by any concerned individual.