AN ACT PROHIBITING THE PRACTICE OF CHILD MARRIAGE AND IMPOSING PENALTIES FOR VIOLATIONS THEREOF

Eighteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.

[ REPUBLIC ACT NO. 11596, December 10, 2021 ]

AN ACT PROHIBITING THE PRACTICE OF CHILD MARRIAGE AND IMPOSING PENALTIES FOR VIOLATIONS THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Declaration of State Policy. – Consistent with Section 13, Article II of the Philippine Constitution, the State recognize the vital role of the youth in nation-building and promotes and protects their physical, moral, spiritual, intellectual, and social well-being. In the pursuit of this policy, the State shall abolish all traditional and cultural practices and structures that perpetuate discrimination, abuse and exploitation of children such as the practice of child marriage.

Further, the State recognizes the role of women in nation-building and shall therefore protect and promote their empowerment. This entails the abolition of the unequal structures and practices the perpetuate discrimination and inequality.

The State affirms the human rights of children consistent with its obligations under (1) international conventions to which the Philippines is a State Party, including the (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); (e) Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography; and (f) Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; and (2) domestic laws like Republic Act No. 7610, otherwise known as the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.”

The State affirms that marriage shall be entered into only with the free and full consent of capacitated parties, and child betrothal and marriage shall have no legal effect.

Pursuant to these policies, the State thus views child marriage as a practice constituting child abuse because it debases, degrades, and demeans the intrinsic worth and dignity of children.

Section 2. Interpretation of this Act. – In the interpretation of this Act, the best interests of the child shall be the primary consideration.

Section 3. Definition of Terms. – As used in this Act:

Section 4. Unlawful Acts. – The following are declared unlawful and prohibited acts:

Section 5. Public Crimes. – The foregoing unlawful and prohibited acts are deemed public crimes and be initiated by any concerned individual.

Section 6. Legal Effect of a Child Marriage. – Child marriage is void ab initio, and the action or defense for the declaration of absolute nullity of a child marriage shall not prescribe in accordance with Articles 35 and 39 of the Family Code of the Philippines. Articles 50 to 54 of the Family Code of the Philippines shall govern on matters of support, property relations, and custody of children after the termination of the child marriage.

Section 7. Enabling Social Environment. – To reinforce the prohibition and criminalization of child marriage, the government shall create an enabling social environment where the practice of child marriage shall not thrive, and for such purpose, the following policies shall be implemented, particularly for girls: (a) empowerment of children through the provision of information, skills and support networks; (b) enhancement of children’s access to and completion of quality education; (c) provision of economic support and incentives to children and their families; and (d) application of strategic interventions to influence and empower parents and community leaders to discourage and eradicate the practice of child marriage.

Culturally-appropriate and comprehensive programs and services shall be formulated by the Department of Social Welfare and Development (DSWD) in coordination with the government agencies identified in Section 8 of this Act as duty bearers and with concerned civil society organizations (CSOs) and nongovernment organizations (NGOs). This shall be made and initiated by the DSWD within six (6) months from the effectivity of this Act.

Section 8. Implementing Government Agencies as Duty Bearers. – The provisions of this Act shall be fully and promptly implemented by the following government departments and agencies within their respective jurisdictions:

Section 9. Participation of Women, Girls, Youth Organizations, and Civil Society Organizations. – Implementing government agencies shall ensure continuing consultations with women, girls, and youth organizations as well as CSOs, whose full and active participation shall be guaranteed in every step and stage of decision-making processes.

Section 10. Implementing Rules and Regulations. – Within sixty (60) days from the effectivity of this Act, the DSWD as lead agency shall, in coordination with the DOH, the DepEd, the CWC, the NCMF, the NCIP, and one (1) representative each from CSOs representing women, children, Muslim Filipinos, and indigenous cultural communities/indigenous peoples, and in consultation with other concerned government agencies and stakeholders, promulgate rules and regulations to implement this Act.

Section 11. Transitory Provision. – Within one (1) year from the effectivity of this Act, the NCMF and NCIP shall extensively undertake measures and programs in their respective jurisdictions to assure full compliance with this Act. During the transition period of one (1) year, the applications of Section 4(a) and (b), and Section 5 of this Act to Muslim Filipinos and indigenous cultural communities/indigenous peoples shall be suspended.

Section 12. Separability Clause. – If any provision or part of this Act is declared invalid or unconstitutional, the remaining parts or provisions not affected thereby shall remain in full force and effect.

Section 13. Repealing Clause. – All laws, decrees, executive orders, and issuances, rules and regulations, or parts thereof which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 14. Effectivity. - This Act shall take effect immediately after fifteen (15) days after its publication in the Official Gazette or in one (1) newspaper of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 1373 and House Bill No. 9943 was passed by the Senate of the Philippines and the House of Representatives on September 27, 2021.

Approved: DEC 10 2021

(SGD.) RODRIGO ROA DUTERTE
President of the Philippines