Interpretation of the Act
- The best interests of the child are the primary consideration in all interpretations of the Act.
Definitions
- Child: Under 18 years or persons unable to protect themselves due to disability.
- Child Marriage: Any marriage involving a child, formal or informal, including cohabitation with an adult.
- Guardians: Persons legally or otherwise responsible for a child.
- Parents: Biological or adoptive.
- Solemnizing Officers: Authorized persons officiating marriages under Family Code or customs.
Unlawful Acts and Penalties
- Facilitation of Child Marriage: Penalized with medium prision mayor and fines; harsher penalties if perpetrator is a parent/guardian or public officer.
- Solemnization of Child Marriage: Maximum prision mayor and fines; dismissal for public officers.
- Cohabitation of Adult with Child Outside Wedlock: Maximum prision mayor and fines; dismissal for public officers.
- Fraudulent documents used to misrepresent age to facilitate child marriage are punishable.
Public Crimes
- The unlawful acts under the Act are public crimes and may be initiated by any concerned individual.
Legal Effect of Child Marriage
- Child marriage is void ab initio (invalid from the outset).
- Actions for declaration of nullity do not prescribe.
- Family Code governs post-nullity matters such as support, property, and custody.
Enabling Social Environment
- Government to create a social environment to prevent child marriage focusing on:
- Empowerment through information and support.
- Access to and completion of quality education.
- Economic support to children and families.
- Strategic interventions targeting parents and community leaders.
- DSWD to formulate comprehensive, culturally-appropriate programs within six months.
Implementing Government Agencies and Roles
- DSWD: Lead agency, responsible for programs and services for victims.
- Council for the Welfare of Children: Policy strengthening and advocacy.
- DOJ: Ensures enforcement and provide legal services.
- DILG: Campaigns and mandates LGUs for victim support.
- DepEd: Incorporates child marriage topics in education.
- DOH: Provides relevant health services.
- Supreme Court: Training and strict application of the law.
- PCW: Public awareness and communications.
- CHR: Monitoring and gender-ombud responsibilities.
- NCMF & NCIP: Awareness campaigns and monitoring within Muslim and indigenous communities.
Participation of Civil Society and Affected Groups
- Continuous consultation with women, girls, youth organizations, and CSOs ensured in decision-making processes.
Implementing Rules and Regulations
- DSWD to promulgate rules within sixty days, coordinating with concerned agencies and representatives from CSOs.
Transitory Provision
- One-year transition in Muslim and indigenous communities suspension of certain penalties.
- NCMF and NCIP to undertake compliance measures during the transition.
Separability Clause
- Invalidity of any part does not affect the remainder of the Act.
Repealing Clause
- Conflicting laws and regulations are repealed or modified accordingly.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.