State policy and child marriage stance
- The State recognizes the vital role of the youth in nation-building and promotes and protects their physical, moral, spiritual, intellectual, and social-well-being under Section 2.
- The State shall abolish traditional and cultural practices and structures that perpetuate discrimination, abuse, and exploitation of children, including the practice of child marriage, under Section 2.
- The State shall protect and promote women’s empowerment, including the abolition of unequal structures and practices that perpetuate discrimination and inequality, under Section 2.
- The State affirms children’s human rights consistent with obligations under international conventions, including (a) Universal Declaration of Human Rights, (b) Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, (c) UN Convention on the Rights of the Child, (d) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and (e) Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, under Section 2.
- The State affirms children’s human rights under domestic laws including Republic Act No. 7610, Republic Act No. 9710, Republic Act No. 9262, Republic Act No. 11930, Republic Act No. 9208 (as amended by Republic Act No. 10364 and Republic Act No. 11596’s related amendment chain described in the IRR), and Republic Act No. 11648, under Section 2.
- The State affirms that marriage must be entered into only with free and full consent of capacitated parties and that child betrothal and marriage have no legal effect, under Section 2.
- The State views child marriage as a practice constituting child abuse that debases, degrades, and demeans the intrinsic worth and dignity of children, under Section 2.
Purpose and objectives of implementation
- Section 3 provides that the IRR is promulgated to institutionalize Republic Act No. 11596 implementation to facilitate compliance and achieve its objectives.
- The IRR requires eradication of child marriages and cohabitations outside of wedlock between children and/or between children and adults, including their facilitations and/or solemnizations, and the penalization of perpetrators, under Section 3(a).
- The IRR mandates creation of an enabling social environment that discourages child marriage, under Section 3(b).
- The IRR requires prevention of further victimization of the child, under Section 3(c).
- The IRR requires support and guarantees for government programs and services that empower children and their families and provide strategic interventions to influence and empower parents and community leaders to discourage and eradicate child marriage, under Section 3(d).
- The IRR requires support and encouragement for non-government and civil society organizations to develop and implement complementary programs and services for affected children and families, under Section 3(e).
- The IRR adopts a “whole of society approach” using comprehensive, age- and culturally-appropriate, disability-inclusive, and gender-responsive programs and services for victim-survivors of child marriage, including their offspring, under Section 3(f).
- The IRR mandates monitoring through strengthened data collection and analysis and assessment of the Act’s impact on the family of the child subjected to child marriage, under Section 3(g).
Definitions established for the IRR
- Section 4 establishes key defined terms for IRR implementation, including:
- “Act” means R.A. No. 11596, under Section 4(a).
- “Advocacy Activities” includes research, public education, lobbying, public dissemination of the Act’s provisions, dialogues with key affected populations (children and youth), and direct engagements with NGAs and local implementers, under Section 4(b).
- “Child” is any person under eighteen (18) years of age, or any person eighteen (18) years of age or over who is unable to fully take care and protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination due to a physical or mental disability or condition, under Section 4(c).
- “Child Marriage” covers any marriage where one or both parties are children and is solemnized in civil or church proceedings or through recognized traditional, cultural, or customary manner; it also includes an informal union or cohabitation outside of wedlock between an adult and a child or between children for purposes of the Act, under Section 4(d).
- “Cohabitation of an adult with a child outside wedlock” is the act of living in or dwelling together in an informal union between an adult and a child outside wedlock, under Section 4(e).
- “Cohabitation” is dwelling together in the manner of husband and wife as couples or partners regardless of sexual orientation or gender identity or expression for some period of time, distinct from occasional, transient intervals for unlawful intercourse, under Section 4(e.1).
- “Facilitation of Child Marriage” is causing, fixing, facilitating, or arranging child marriage of contracting parties leading to marriage and cohabitation, under Section 4(f).
- “Guardians” refers to relatives or individuals taking custody of a child in the absence of parents or anyone left for care or custody, permanent or temporary, including foster parents and persons judicially appointed as guardians, under Section 4(g).
- “Foster Parents” refers to persons duly licensed by the Department of Social Welfare and Development to provide foster care, under Section 4(g.1).
- “Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)” is defined by self-ascription and ascription by others as organized communities on communally bounded and defined territory with claims of ownership since time immemorial, shared bonds of language, customs, traditions, and distinctive traits, and includes peoples indigenous by descent and retention of institutions, under Section 4(h).
- “Muslim Filipinos” is defined as the Filipino population following Islam, including ethnic groups listed in Section 4(i) and Muslim reverts (“Balik-Islam”), under Section 4(i).
- “Parents” includes biological and adoptive parents, with biological parents defined as the child’s mother and father by nature (or the mother alone if the child is an unacknowledged non-marital child) and adoptive parents as the child’s mother and father by legal adoption, under Section 4(j), Section 4(j.1), and Section 4(j.2).
- “Perpetrator” is an adult who commits any prohibited acts under Section 4 of the Act, under Section 4(k).
- “Social and Behavioral Change Communications (SBCC)” refers to strategies and interventions including information dissemination, motivation, problem solving and planning to influence drivers of change, empower individuals and communities, and lower structural barriers, under Section 4(l).
- “Solemnization of Child Marriage” is performing or officiating a ceremony in accordance with prescribed forms or religious rites leading to child marriage and/or cohabitation, under Section 4(m).
- “Solemnizing Officer” is any person authorized to officiate a marriage under Executive Order No. 209 (Family Code of the Philippines), Republic Act No. 7160 (Local Government Code of 1991), Presidential Decree No. 1083 (under Article 18), and all other customary laws or practices, under Section 4(n).
Prohibited acts and penalties imposed
- Section 5 declares these acts unlawful and prohibited, each with specified penalties and public-office consequences:
- Facilitation of Child Marriage:
- Any person who causes, fixes, facilitates, or arranges child marriage shall suffer prison mayor in its medium period and a fine of not less than PHP 40,000.00, under Section 5(a).
- If the perpetrator is an ascendant, parent, adoptive parent, step parent, or guardian, the penalty shall be prison mayor in its maximum period, a fine of not less than PHP 50,000.00, and perpetual loss of parental authority, under Section 5(a).
- Any person who produces, prints, issues, and/or distributes fraudulent or tampered documents (such as birth certificates, affidavits of delayed registration of birth, and/or foundling certificates) to misrepresent a child’s age to facilitate child marriage or evade liability shall be liable under Section 5(a) without prejudice to liability under other laws, under Section 5(a).
- If the perpetrator is a public officer, he or she shall be dismissed from the service and may be perpetually disqualified from holding office as finally adjudged by a court, under Section 5(a).
- Solemnization of Child Marriage:
- Any person who performs or officiates a child marriage shall suffer prison mayor in its maximum period and a fine of not less than PHP 50,000.00, under Section 5(b).
- If the perpetrator is a public officer, he or she shall be dismissed from the service and may be perpetually disqualified from holding office at the discretion of the courts, under Section 5(b).
- Solemnizing officers must conduct due diligence before solemnizing a marriage, under Section 5(b).
- Cohabitation of an adult with a child outside wedlock:
- An adult partner who cohabits with a child outside wedlock shall suffer prison mayor in its maximum period and a fine of not less than PHP 50,000.00, under Section 5(c).
- If the perpetrator is a public officer, he or she shall likewise be dismissed from the service and may be perpetually disqualified from holding office at the discretion of the courts, under Section 5(c).
- This prohibition is without prejudice to higher penalties that may be imposed under the Revised Penal Code and other special laws, under Section 5(c).
- Public crimes and initiations:
- The unlawful acts in Section 5 are deemed public crimes, and prosecution may be initiated by any concerned individual, under Section 6.
Legal effect and child marriage nullity
- Child marriage is void ab initio, and the action or defense for declaration of absolute nullity does not prescribe under Articles 35 and 39 of the Family Code of the Philippines, under Section 7.
- Articles 50 to 54 of the Family Code of the Philippines govern support, property relations, and custody of children after termination of the child marriage, under Section 7.
Enabling social environment measures
- Government, with concerned NGAs, shall create an enabling social environment where the practice of child marriage shall not thrive, under Section 8.
- Section 8 requires implementation of policies particularly for girls, including:
- Empowerment of children through information, skills, and support networks including SBCC delivery, under Section 8(a).
- Enhancement of children’s access to and completion of quality education, under Section 8(b).
- Provision of economic support and incentives to children and their families, under Section 8(c).
- Strategic interventions to influence and empower parents and community leaders via social and behavior change communication campaigns and strong cross-sector collaboration (including engagement with families, communities, schools, and traditional, religious, and cultural leaders), under Section 8(d).
- In all actions concerning children, their best interest is the paramount consideration, and the “do no harm” principle applies at all times, under Section 8.
- The Department of Social Welfare and Development (DSWD), as lead implementing agency, shall formulate comprehensive, age- and development-appropriate, culturally-sensitive, disability-inclusive, and gender-responsive programs in coordination with other duty bearers and CSOs/NGOs identified in Sections 8 and 9 of the Act, under Section 8.
Institutional arrangements and roles
- Section 9 mandates full and prompt implementation of the Act by specified government departments and agencies within their jurisdictions.
- All duty bearers are mandated to report cases of child marriage and issue memoranda relative to child marriage, under Section 9.
- DSWD leads implementation, creates programs to address prevalence of child marriage, and provides services including legal services, health services, psychosocial services, counseling, educational and livelihood and skills development, temporary shelter, and all other assistance necessary to protect victim-survivors and their offspring; it also conducts awareness campaigns on the negative effects of child marriage, under Section 9(a).
- CHR monitors implementation as Gender Ombud and through its Child Rights Center, under Section 9(b).
- CWC works closely with DSWD to formulate, strengthen, and implement policies, programs, and activities to prohibit and end child marriage pursuant to PPAEVAC, and ensures Act implementation, under Section 9(c).
- DepEd includes culturally-sensitive and age-appropriate modules and discussions on impacts in its comprehensive sexuality education curriculum, under Section 9(d).
- DILG institutes systematic information and prevention campaigns through barangay-level education programs and initiatives; mandates LGUs to provide basic interventions for rescue, recovery, rehabilitation, and support of victim-survivors and their offspring; and establishes a system of reporting cases, under Section 9(e).
- DOH conducts health promotion and advocacy using school and community platforms to raise public awareness, particularly among parents and children, on effects of child marriage on health and welfare and quality of future generation, under Section 9(f).
- DOJ ensures penal provisions are carried out and provides access to justice and legal services to victim-survivors through PAO or IBP, and with non-government organizations and volunteer legal groups, under Section 9(g).
- NCIP includes awareness campaigns in ICC/IPs, monitors and reports child marriage cases in its jurisdictions, and ensures faithful implementation and interpretation in the best interests of the child, under Section 9(h).
- NCMF includes awareness campaigns in Muslim communities, monitors and reports child marriage cases in its jurisdictions, and ensures faithful implementation and interpretation in the best interests of the child, under Section 9(i).
- PCW integrates dissemination of the Act in programs for public awareness and behavior-change communications, under Section 9(j).
- Supreme Court develops and regularly provides comprehensive, holistic, multi-disciplinary training for judiciary members to improve competencies in adjudicating and managing child marriage cases, ensuring frameworks include understanding of R.A. No. 11596 and related laws, sensitivity in treatment of victim-survivors under best interest/do no harm principles, and knowledge of available programs/services and referral skills, under Section 9(k).
- The Committee on Family Courts and Juvenile Concerns (CFCJC) serves as national liaison among Family Court judges, the Supreme Court Social Services Counseling Division (SSCD), international agencies, and NGOs, organizes summits/fora, and addresses concerns within the scope of R.A. No. 8369 (Family Courts Act of 1997), under Section 9(k).
National programs, services, and education
- Section 10 requires national government agencies to provide programs and services addressing child marriage.
- DSWD shall provide preventive, rehabilitative, and developmental programs and services to prevent child marriage, rehabilitate victim-survivors, and strengthen capacities of victim-survivors, the community, and stakeholders, including:
- Effective and efficient reporting and referral mechanisms,
- Use of an Electronic Case Management System for reportorial and monitoring purposes,
- Formulation of a new Social Technology relative to child marriage and inclusion in the Social Technology Agenda,
- Psychosocial, financial, capacity-building, and livelihood support services,
- Awareness campaigns, capacity-building activities, and technical assistance for stakeholders,
- Use of social media and provision of IEC materials,
- Consultations with PSA and other agencies,
- Other necessary services incidental to those activities as determined by DSWD, under Section 10.
- DSWD shall assist in preparation of implementing guidelines and conduct periodic reporting, and monitor compliance by agencies and duty bearers, under Section 10.
- DOH shall ensure access to mental, emotional, and physical health services for victim-survivors and appropriate services for offspring, if any; it shall:
- Provide non-discriminatory comprehensive sexual and reproductive health care, information, services, and contraceptives,
- Disseminate adolescent health and development and mental health aspects of reproductive health information, including available services,
- Coordinate with LGUs and stakeholders to enhance competencies of non-specialists and primary care providers, particularly in providing Psychological First Aid and basic psychosocial services,
- Integrate and update health training modules on risks/effects of child marriage, GBV, violence against women and children, and sexual and reproductive health rights,
- Accelerate sexual health and reproductive rights education and services especially in areas with increased disproportionate risks due to (1) natural hazards and human-induced disasters such as armed conflict, (2) persistent poverty, and (3) high incidence of child marriage and related GBV/VAWC, under Section 10.
- DOH, DSWD, and other relevant agencies shall use National Household Targeting System for Poverty Reduction (NHTS-PR) and other government measures of identifying marginalization to primarily consider priority needs of women, children, and underprivileged sectors, under Section 10.
- Women, children, and other underprivileged sectors and marginalized groups, including ICCs/IPs, are guaranteed access to free sexual and reproductive health care, information, services, and contraceptives in public primary care facilities, under Section 10.
- CHR shall promote and advocate including producing IEC materials, ensure children’s participation in programs, provide guidelines and mechanisms for access to legal remedies, assist in filing cases for violations, monitor implementation using data from children/community/CSOs/agencies, issue policy advisories and recommendations, and adopt operational monitoring guidelines, under Section 10.
- CWC shall support DSWD including crafting the SBCC plan and shall incorporate activities such as National Children’s Month and Girl-Child Week Celebration programs, updated IEC distribution/production, capacity building for high-risk LGU officials and child/youth leaders with PCW/NCMF/NCIP/DILG, children’s consultations with all sectors, and continuous monitoring and advocacy for future amendments, under Section 10.
- DepEd shall integrate curriculum information on child marriage and related subjects (rights of the child; child health and nutrition; child and adolescent development; gender and development; age-appropriate sexuality education; child marriage and family; recognition and elimination of gender-based violence), institute regular monitoring and reporting on integration across education systems including indigenous learning systems, and conduct capacity building for teaching and non-teaching personnel based on DepEd’s Child Protection Policy, under Section 10.
- DILG shall issue Memorandum Circulars and Advisories to city, municipality, and provincial LGUs enjoining actions through Social Welfare and Development Officers, guided by Section 17(a) and (e) and Section 25(a) of R.A. No. 7160 and constitutional principles of general supervision and local autonomy; these actions include devising IECs, creating a protection protocol based on DSWD guidance, facilitating parenting/counseling sessions, coordinating with Barangay and Local Councils for the Protection of Children and VAWC Desks, taking reference on DSWD reporting/referral mechanism, and maintaining a database for cases, under Section 10.
- DOJ shall ensure penal provisions are carried out through prosecution; ensure access to justice and legal services through PAO; establish a mechanism for free legal assistance coordinated with IBP, NGOs, and volunteer legal groups; conduct investigation and prosecution training; and review and recommend policies and measures to enhance protection, under Section 10.
- NCIP shall ensure extensive and continuous IECs through centers and capacitate NCIP officials/employees; it shall conduct IECs in specified NCIP activities and disseminate materials in local dialects, orient solemnizing officers, reference DSWD reporting/referral mechanism, and convince IPMRs to pass resolutions supporting the law, under Section 10.
- NCMF shall conduct nationwide awareness campaigns focusing on health hazards of early pregnancy and risks, criminal liability, legal effects, roles of agencies, and other activities; it shall reference the DSWD reporting/referral mechanism and coordinate with co-implementing agencies when necessary, under Section 10.
- PCW shall include child marriage in advocacy campaigns, enjoin agencies to allocate funds using GAD budgets aligned with annual GAD plans, provide referral assistance and monitor cases received through the IACVAWC Secretariat, and integrate child marriage concerns in relevant periodic assessment reports, under Section 10.
- Supreme Court shall ensure Family Courts apply A.M. No. 22-04-06-SC implementing rules of the Social Aspects of R.A. No. 8369 for proceedings within their exclusive original jurisdiction; Court Social Workers Officers may, upon court order, coordinate first responders, recommend referrals, conduct case studies/interviews/home visitations, recommend needed support services and parental assessment capability for minors, coordinate delivery of needed resources, provide psychosocial counseling, and perform other functions directed by the court with best interests of the child, under Section 10.
- The Court may request assignment of a social worker for CSWDO functions, duties, and responsibilities, including those under DSWD or LGUs, under Section 10.
Participation, appropriations, and amendments
- Section 11 requires meaningful participation and continuing consultations with women, girls, and youth organizations and CSOs in every step and stage of implementing agencies’ decision-making, pursuant to the SBCC plan.
- Section 12 provides initial implementation funding shall come from current appropriations of NGAs, and continuous implementation funds shall be included in the annual General Appropriations Act under the respective budgets of NGAs.
- Section 13 provides that amendments to the IRR shall be jointly promulgated by relevant NGAs.
Separability, repeal, and final effectivity rule
- Section 14 provides separability: if any provision or part is declared invalid or unconstitutional, remaining parts remain in full force and effect.
- Section 15 provides repealing/modifying effect: all laws, decrees, executive orders, issuances, rules and regulations, or parts inconsistent with the Act and this IRR are repealed or modified accordingly.
- Section 16 provides the IRR takes effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
- The IRR is approved on December 7, 2022.