Ze REPRESS

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Republic of the Philippines
HOUSE OF THE REPRESENTAIVES
Constitution Hills, Quezon City

WY
EIGHTEENTH CONGRESS /NDEX OY
First Regular Session

HOUSE BILL No. _1486

Introduced by
REPRESENTATIVE, BERNADETTE HERRERA-DY, EDCEL C. LAGMAN

AN ACT PROTECTING CHILDREN
BY PROHIBITING AND DECLARING CHILD MARRIAGE AS ILLEGAL
AND PROVIDING PROGRAMS AND PENALTIES THEREOF

EXPLANATORY NOTE

Violence against Women and Girls (VAWG) is one of the most systematic and widespread human
rights violations. One of the expressions of VAWG is child, early and forced marriages (CEFM).
According to the 2016 State of the World's Population Report of UNFPA, 47,000 girls around the
world are married before the age of 18 every day. In developing countries such as the Philippines,
1 in 4 girls will be married before they are 18. In the Philippines, 15% of women aged 20-24 years
old were first married or in union before 18 (NDHS 2013).

The practice of CEFM has serious impacts and poses risks on women and girls’ health and
development. CEFM also perpetrates violence and gender inequality. The UNFPA states that in
developing countries, 9 out of 10 births to adolescent girls occur within a marriage or union and
these girls are vulnerable to pregnancy-related complications which are among the leading causes
of mortality among adolescents around the world. Women and girls’ development is hindered by
CEFM as married girls most likely drop out of school and lose the chance to be educated and gain
skills and knowledge which will help her gain a good job and earn for herself and her family
(UNICEF 2016). The perpetration of violence and gender inequality is another negative impact of
CEFM. According to PSA, in 2013, 20% of ever-married women aged 15-49 have experienced
domestic and/or intimate-partner violence since age 15; while the National Baseline Survey on
Violence against Children reported eighty percent prevalence of all forms of violence against
children. :

Violence against women and girls also has severe consequences on social and economic
outcomes. A research by the World Bank stated that ending CEFM by 2030 would gain $500 billion
annually from lower population growth, $90 billion annually from lower under-five mortality and
malnutrition, and will save 5% of governments’ budget for education.

Several international instruments explicitly prohibiting CEFM were ratified by the Philippines. It
happens to young girls and boys aged 17 years old and below who are not yet able to give free,
prior and informed consent — requisites of a binding marriage as guaranteed by the Universal
Declaration of Human Rights (UDHR, 1948). The UN Convention on the Rights of the Child
(UNCRC) and the UN Convention on the Elimination of all Forms of Violence against Women
(CEDAW) released Joint Recommendation no. 31 which highlights that a minimum legal age of
marriage for girls and boys, with or without parental consent, is established at 18 years old. When
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a marriage at an earlier age is allowed in exceptional circumstances, the absolute minimum age
must not be below 16 years, the grounds for obtaining permission must be legitimate and strictly
defined by law and the marriage must be permitted only by a court of law upon the full, free and
informed consent of the child or both children, who must appear in person before the court (Joint
General Recommendation No 31, 2014).

Locally, the Family Code of the Philippines sets the legal age of marriage at 18 years old and above
and highlights that consent must be freely given by both parties. PLCPD anchored its campaign
on these international instruments and national legal frameworks such as the Family Code of the
Philippines, Magna Carta for Women, Special Protection of Children against Abuse, Exploitation
and Discrimination. All these national laws safeguard the rights of women and girls and protect
them from child, early and forced marriage.

Despite these international and national legal frameworks, CEFM is still practiced in the Philippines,
for example among indigenous cultural communities. Child marriages in indigenous communities
are higher due to limited access to resources and basic services, few educational and economic
opportunities, and higher rates of poverty than in non-indigenous communities. Among Muslim
communities, the Code of Muslim Personal Laws (CMPL) allow marriage at the onset of puberty
which is presumed to be at 15 years old but can be younger.

Hence, the enactment of this bill is earnestly sought as it seeks to: 1) Fulfill the Philippine’s
commitment to International Agreements ratified by the Senate; 2) Call for the nationwide
strengthened implementation of the provisions of the Family Code of the Philippines (EO 209) and
the Magna Carta of Women (RA 9710) setting 18 years old as the legal age of marriage, effectively
repealing contradictory laws; 3) Protect children from all forms of violence and abuse such as child
marriage; 4) Provide a comprehensive program (prevention, social protection/response) to prevent
and respond to child abuse, including child, early and forced marriages.

REP. BERNADETTE HERRERA-DY REP. EDCEL C. LAGMAN


Republic of the Philippines
HOUSE OF THE REPRESENTAIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. nage

Introduced by
REPRESENTATIVE, BERNADETTE HERRERA-DY, EDCEL C. LAGMAN

AN ACT PROTECTING CHILDREN
BY PROHIBITING AND DECLARING CHILD MARRIAGE AS ILLEGAL
AND PROVIDING PROGRAMS AND PENALTIES THEREOF

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

Section 1. Declaration of State Policy. The State recognizes the role of women and children in
nation building and shall therefore protect and promote their empowerment which entails the
abolition of the unequal structures and practices that perpetuate discrimination and inequality. To
realize this, the State shall address discrimination and inequality in the economic, political, social,
cultural and civil life of women even in their young age and provide the necessary programs and
services.

The State affirms children’s rights as part of women's rights and human rights and shall intensify
its efforts to fulfil its duties under the UN Convention on the Rights of Child and the Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act to recognize,
respect, protect, fulfil, and promote all human rights and fundamental freedoms of women and
children, especially the girls , in the economic, social, political, cultural, and other fields without
distinction or discrimination on account of class, age, sex, gender, language, ethnicity, religion,
ideology, disability, education, and status.

The State condemns discrimination against women and children in all its forms and pursues by all
appropriate means and without delay the policy of eliminating discrimination against women and
girls in keeping with the Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) clearly enabled by the Magna Carta of Women and other international
instruments consistent with Philippine law.

Section 2. Affirmation of the Principles of Human Rights of Women and children. — Human
rights are universal and inalienable. Human rights are indivisible. Human rights are inherent to the
dignity of every human being regardless of age and gender whether they relate to civil, cultural,
economic, political, or social issues.

Child Marriage is an act of child abuse as it debases, degrades and demeans the intrinsic worth
and dignity of children under the Special Protection of Children Against Child Abuse, Exploitation
and Discrimination Act (RA 7610) It Is likewise considered discrimination relating to marriage and
family relations sought to be eliminated by the Convention on the Elimination of Discrimination
Against Women (CEDAW).


Human rights are interdependent and interrelated. The fulfilment of one right often depends, wholly
or in part, upon the fulfilment of others. All individuals are equal as human beings by virtue of the
inherent dignity of each human person. No one, therefore, should suffer discrimination on the basis
of ethnicity, gender, age, language, sexual orientation, race, color, religion, political, or other
opinion, national, social, or geographical origin, disability, property, birth, or other status as
established by human rights standards.

The state, in recognition of the International Agreements entered into for the protection of the
children’s rights, always take and give primary consideration the best interests of the child. The
State likewise recognize resolutions on the intensification of efforts to eliminate all forms of violence
against women and children. It now endeavors to have this enabling law to protect the child from
all forms of physical or mental violence, injury or abuse, neglect or negligent treatment,
maltreatment or exploitation, including sexual abuse and the abolition of traditional or cultural
practices prejudicial to the health of children which includes, among other practices, the child
marriage and betrothal.

The state affirms that marriage shall be entered into only with the free and full consent of the
intending spouses and that betrothal and child marriages shalll have no legal effect

The state, through this law now eliminates child marriage to strictly enforce Articles 2-5 of the
Family Code providing that marriage is entered into only with the free and full consent of intending
spouses who should be at least 18 years of age at the time of marriage.

Section 3. DEFINITION OF TERMS:

Children — refers to persons below 18 years of age, or those unable to fully take care of themselves
or protect themselves from abuse, exploitation or discrimination because of a physical or mental
disability or condition as defined by the Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act.

Child Abuse — refers to any act by deeds or words which debases, degrades or demeans the
intrinsic worth and dignity of a child as a human being; or any circumstance which gravely threatens
or endangers the life, survival, safety and normal development of children as defined by the Special
Protection of ‘children Against Child Abuse, Exploitation and Discrimination Act.

Child Marriage — any marriage entered into where one or both parties are below 18 years of age
or unable to fully take care or protect themselves because of a physical or mental disability or
condition, solemnized in civil, church or in any recognized traditional, cultural or customary manner
and it shall be considered as Child Abuse.

Solemnizing officer — any person authorized by law as defined in Article 7 of the Family Code or
recognized by reason of religion, tradition, culture or customs, to solemnize marriage.

Parents — refer to biological parents or those legally adopting parents.

Guardians — refer to relatives taking custody of the child or minor in the absence of the parents;
or anyone to whom a child or minor was given or left for care or custody.

Facilitation of child marriage — any person, who caused, fixed, facilitated or arranged the child
marriage shall be considered to have committed abuse of the child under RA7610.

Solemnization of child marriage — the person who officiated and performed the formal rites of
child marriage shall be considered to have committed abuse of the child under RA7610.

Section 4. The prohibited act. It is hereby declared that the prohibited act of child marriage, its
facilitation and solemnization are considered public crimes. These acts are grave form of child
abuse and exploitation as they gravely threaten and endanger the survival and normal

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development of children physically, emotionally and psychologically and can be initiated by any
concerned individual.

Section 5. Legal Effect of Child Marriage. Child Marriage is considered as void ab initio, hence,
the action for annulment of child marriage does not prescribe as provided for by Article 39 of the
Family Code. The legal effect of Child Marriage insofar as Support, Property Relations and
Custody shall be governed by Articles 50-55 of the Family Code.

Section 6. Programs and Services. There shall be a comprehensive program and services to be
formulated by the Department of Social Welfare and Development in coordination with other
government agencies identified herein as duty-bearers and with the concerned CSOs and NGOs.
This shall be made and initiated by the DSWD within six (6) months from the effectivity of this Code
to ensure the over-all support, health and development of the children.

Section 7. Penalties for Violators:

Section 7.1.The Solemnizing Officer who solemnized child marriage shall be meted the following
penalties:

a) First offense - fine in the amount of Twenty five thousand pesos (Php25,000.00),
suspension of license for a period of 6 months; to attend seminar and learning sessions on
human rights, child's rights and marriage and this law during the suspension period. Unless
complied with, the suspension of license shall not be lifted or the solemnizing officer shall
not be allowed to resume his office.

b) Second Offense - fine in the amount of Fifty thousand pesos (Php50,000.00),; and
forfeiture of license.

) Third Offense - Fine and Imprisonment as provided for by RA 7610.

Section 7.2. Parents or Guardians of children who caused, facilitated, arranged and consented to
a child marriage shall be meted the following penalties:

a) First Offense - suspension of parental authority for a period of 6 months to 1 year, subject
to the determination and written recommendation of DSWD considering the best interest of
the child

b) Second Offense - Permanent Protection Order in favour of the child.

¢) Third Offense - Imprisonment as provided for by RA7610. The custody of the children shall
be transferred to the Department of Social Welfare until the child reaches the age of majority
or able to protect herself/himself.

Section 7.3. All others who caused the facilitation and solemnization of child marriage shall be
meted a penalty in accordance with the provision of RA 7610.

Section 7.4.The adult who contracted a child marriage with a minor 12 years and under or who is
10 years or more or his junior shall be meted a penalty of Prision Mayor in its maximum period as
provided for in Article VI of the RA7610.

Section 8. Duty-Bearers and Responsibilities. In order to prevent and eventually end child
marriages and protect the children from this form of abuse and exploitation, the following
government offices shall be responsible to take the necessary actions:

Department of Social Welfare and Development (DSWD) - Shall take the lead in the
implementation of this Act and create programs that will address the prevalence of child marriage
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and provide appropriate services to children who were forced to enter into child marriage. It shall
ensure the information drive in the communities on child marriage as a form of abuse and violence,
its impacts and effects, the roles of parents and guardians; and include the same in its existing
Programs such as pre-marriage counselling sessions, family development sessions, and parenting
effectiveness seminar.

Council for the Welfare of Children (CWC) - Shall work closely with the DSWD in strengthening
policies to prohibit and end child marriage. It shall include the advocacy to prevent child marriage
in the Philippine plan of action to end violence against children.

Department of Justice (DOJ) - Shall assume responsibility in ensuring that the penal provisions
of this Act are carried out and provide access to justice and legal services to those who suffered
the consequence of child marriage.

Department of the Interior and Local Government (DILG) - Shall ensure that LGUs are
monitoring the implementation of the law by maintaining a Children’s Desk in all PNP headquarters
and Barangay offices through the Local/Barangay Council for the Protection of Children.

Department of Education (DepEd) - Shall include the discussion on the impact and effects of
child marriage in the comprehensive sexuality education curriculum.

Department of Health (DOH) - shall ensure access to health services for the prevention of child
marriage and services for boys and girls who experienced child marriage.

Family And Executive Courts’ Judges - must undergo trainings on the impacts and effects of
child marriage to the over-all health and development of children and hall ensure strict application
and implementation of the law

Philippine Commission on Women (PCW) - Shall integrate dissemination of the provisions of
this Act in programs on public awareness and behaviour-change communications.

Commission on Human Rights (CHR) - Shall monitor the implementation of this Act as Gender
Ombud and through its Child Rights Center/Desk.

National Commission on Muslim Filipinos (NCMF) - Shall include in its program of action the
awareness of Muslim communities on the impacts and effects of child marriage in the over-all
health and development of children; the provisions of this law; ensure the implementation of this
Act; monitor and report cases of child marriages in communities of jurisdiction.

National Commission for Indigenous People (NCIP) - Shall include in its program of action,
national conferences and gatherings the awareness of the indigenous people communities on the
impacts and effects of child marriage in the over-all health and development of children; the
provisions of this law; ensure the implementation of this Act; monitor and report cases of child
marriages in the communities of jurisdiction.

Sec. 9. Implementing Rules and Regulations. Within ninety (90) days from the effectivity of this
Act, the Department of Social Welfare, The Department of Education and the Department of Health
in coordination with other concerned government agencies and women and children organizations,
shall promulgate the necessary rules and regulations for the effective implementation of this Act.
They shall likewise incorporate the resources for programs and services in their Annual Budget.

Sec. 10. Repealing Clause. All other laws, decrees, executive orders, issuances, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.


Sec. 11. Effectivity. This Act shall take effect fifteen (15) days after is complete publication in the
Official Gazette or in at least two (2) national papers of general circulation.

Approved,