President Rodrigo Duterte has signed into law a bill that will end child marriage in the Philippines.
Malacanang released a copy of Republic Act 11596 or An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof but was signed by the President on December 10, 2021.
Under the new law, child marriage refers to any marriage where one or both parties are children under 18 years of age, or 18 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. It is solemnized in a civil or church ritual or in any recognized traditional, cultural or customary manner. It extends to an informal union or cohabitation outside of wedlock between an adult and a child, or between children.
The following are culpable of the offense of “facilitation of child marriage”: 1) any person who causes, fixes, facilitates, or arranges a child marriage; and 2) 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 for the purpose of misrepresenting the age of a child to facilitate child marriage or evade liability.
The penalty is prision mayor in its medium period, which is equivalent to eight years and one day to 10 years of imprisonment, and a fine of P40,000. However, the penalty of prision mayor shall be imposed in its maximum period, or equivalent to 10 years and one day to 12 years of imprisonment, and a fine of P50,000 if the perpetrator is an ascendant, parent, adoptive parent, step-parent, or guardian of the child.
The offense of “solemnization of child marriage” is committed by any person who performs or officiates a child marriage, and shall suffer the penalty of prision mayor in its maximum period and a fine of not less than P50,000.
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