Interpretation of the Act
- Emphasizes that the best interests of the child shall be the primary consideration in interpreting the law.
Definitions of Key Terms
- "Child": any person under 18 years or persons 18 and over unable to protect themselves due to disability.
- "Child Marriage": any marriage involving one or both parties as children, including informal unions or cohabitation.
- "Guardians": individuals taking custody of a child, whether temporary or permanent.
- "Parents": biological or adoptive parents.
- "Solemnizing officers": persons authorized to officiate marriages by law, religion, tradition, or custom.
Prohibited Acts and Penalties
- Facilitation of child marriage: punished by prision mayor and fines; harsher penalties if perpetrated by parents/guardians.
- Solemnization of child marriage: punished by prision mayor and fines; public officers face dismissal and disqualification.
- Cohabitation of adult with child outside wedlock: punished by prision mayor and fines; same consequences for public officers.
- Production or distribution of fraudulent documents to misrepresent age for child marriage is penalized.
Classification of Offenses
- The unlawful acts under the law are deemed public crimes and can be initiated by any concerned individual.
Legal Effect of Child Marriage
- Child marriages are void from the outset (void ab initio).
- The declaration of nullity does not prescribe.
- Provisions on support, property relations, and custody apply as in dissolution cases under the Family Code.
Creating an Enabling Social Environment
- Government to empower children through information, education, economic support, and community interventions.
- DSWD tasked with formulating culturally-appropriate programs with other agencies and CSOs.
- Programs to be initiated within six months from the law’s effectivity.
Implementing Government Agencies and Their Roles
- DSWD: Lead role, providing services and awareness campaigns.
- Council for the Welfare of Children: Policy strengthening and advocacy.
- DOJ: Enforcement of penal provisions and legal services.
- DILG: Information campaigns, LGU intervention, and reporting systems.
- DepEd: Integrate age and culturally appropriate curriculum on child marriage.
- DOH: Provide health and mental health services.
- Supreme Court: Judicial training and strict law enforcement.
- Philippine Commission on Women: Public awareness integration.
- Commission on Human Rights: Monitoring implementation.
- NCMF and NCIP: Awareness and monitoring within Muslim and indigenous communities.
Participation of Women, Girls, Youth, and Civil Society
- Mandates continuing consultations and full participation of affected groups in decision-making processes.
Rules and Regulations
- DSWD, with other agencies and representatives, to promulgate implementing rules within 60 days of effectivity.
Transitory Provisions
- One-year suspension of certain provisions for Muslim Filipinos and indigenous peoples to allow compliance measures.
Separability Clause
- Invalidity of any provision does not affect the rest of the law.
Repealing Clause
- Repeals or modifies inconsistent laws, rules, or orders.
Effectivity
- Law takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.