President Rodrigo Duterte signed into law a bill that will end child marriage.
Malacanang released a copy of Republic Act 11596 or An Act Prohibiting the Practice of Child Marriage yesterday.
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 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 eight years and one day to 10 years of imprisonment, and a fine of P40,000.
However, the penalty of prison 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.
“This new law is a big step towards ensuring that the children’s rights will be upheld and their well-being and future secured,” according to Deputy Speaker Bernadette Herrera Herrera.
The international humanitarian and development organization Oxfam has joined the Philippine Legislators Committee on Population and Development in commending the signing into law of RA 11596.
“After years of advocacy and lobbying, we finally achieved a historic win. Banning child, early, and forced marriage will give women and girls the power to make free and informed choices, enabling them to break free from the unending cycle of poverty, violence, and inequality,” said Oxfam Pilipinas Country Director Lot Felizco in a statement.
Noraida Abo, Executive Director of UnYPhil-Women, a women’s organization based in Lanao del Sur, spotlighted the need for the Bangsamoro leadership to support the law.
“Ending child, early and forced marriage is a huge win for the future of our Bangsamoro children. We are one step closer to achieving our goal where we put an end to Bangsamoro children having children,” Abo said.
Oxfam is part of the “Girl Defenders” alliance, which has been advocating the end of child marriage. The alliance includes lawmakers, youth campaigners, women’s rights organizations, and government agencies including the Commission on Human Rights, Philippine Commission on Women, United Youth of the Philippines-Women (UnYPhil-Women), Maguindanao Alliance of Youth Advocates (MAYA), and PLCPD.