s i :v i:n  t e i:n  T ii c o n g r e s s  o e  t h e  
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REPUBLIC OF THE PH ILIPPIN ES 
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T h i r d  R c ( /u la r S e s s io n  
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SENATE
S. B. No.
ilE'cnstr
of tljt
*19 
MAY 20 P4 53
REC£;V ^
Introduced By S en ato r Ana T heresia “R isa” H ontiveros-B araquel
AN ACT PROTECTING CHH.DREN BY PROHIBI IING AND I)i:C I^ H N G  
CHILD MARRIAGE AS ILLEGAL, AND IMPOSINCi PI NALTII S THEREOF
EXPIA.NA rORY NO I E
The issue of child marriage has been addressed in numerous international con\ entions 
and agreements. For instance, the Convention on the Elimination of All Forms of 
Discrimination Against Women (CEDAW), states that ‘the betrothal and the marriage of 
a child shall have no legal effect, and all necessary action, including legislation, shall be 
taken to specify a minimum age of marriage’. The Philippines’ signing and subsequent 
ratification of CEDAW underlines its commitment to the countiVs women and girls.
A 2017 UNICEF report on the State of the World’s Children disclosed that 15% of 
Filipino girls were married before their 18th birthday and 2% of girls before the age of 15 
are married. More woriying is the fact that the countiy has the 12th highest absolute 
number of child brides around the world, which is estimated to be at 726,000'. Some of 
these brides were discovered to have entered marriage through commercial sex and sex 
trafficking as well as the infamous mail-order bride industry (ibid). The 
intergenerational nature of po\ertv exacerbates the problem of child marriage and 
renders it necessaiy for these problems to be addressed at its roots.
The problem of child marriage is complicated but not unsolvable. Clear legislation, pro­
children policies and multi-sectoral programs could address the problem and render the 
practice of child marriage obsolete. As such, the passage of this bill is earnestly sought.
Ana I’heresia “R isa” H o n liy ero s-fe raq u e l
1 https://w w w .girlsnotbrides.org/cliild III,m iage/phili|)pin(‘s/


Si:VKNTl< 1:NTH CONGRRSS OF TH F 
)
RFPUHLIC OF THE PIIIEIPFIN ES 
)
Third R eg u lar Session 
)
s i:n a t f:
S. B. No. 
^ 2 2 4
T..-,
(W tiK  of thr jfc fc r tttr f
'19 
HAY 20 
P 4  5 3
RElt-
Introduced By S en ato r Ana T lieresia “R isa” IT onliveros-B araquel
AN A d  PRO! i : d  ING CHILDREN BY PROHIBITING AND DECIARING 
CHILD MARRIAGi: AS TLLI G/VL, AND IM POSING PENALTIES THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
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Section 1. S h o rt title. This Act shall he known as the “Girls Not Brides Act of 20ig".
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Section 2. D eclaration o f S tale 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.
The State affirms children's rights as pail of women's rights and human rights and shall 
intensify its efforts to fulfill 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, fulfill, and promote all human rights 
and fundamental freedoms of women and children, especially the girls, in the economic, 
social, political, cultural, and other fields.
Section 3. A ffirm ation o f the Principles o f H um an R ights o f W om en and 
ch ild ren . - Human rights are universal and inalienable. Human rights are indivisible. 
Human rights are inherent to the dignity of even- 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 digniU' 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).
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 shall have no legal 
effect.
The state, through this lawr 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. Di:i INITION OF TERMS:
a. C hildren - refers to persons below 18 years of age, or those unable to fully take 
care of themselves or protect themsehes from abuse, exploitation or


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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.
b. Child A buse - 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 graxely 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.
c. Child M arriage - any marriage entered into where one or both parties are 
below i8 years ot age or unable to fully take care or protect themselv'es because of 
a physical or mental disability or condition, solemnized in civil, church or in any 
recognized traditional, cultural or customaiy manner.
d. Solem nizing officer - any person authorized by law as defined in Article 7 of 
the Eamily Code or recognized by reason of religion, tradition, culture or 
customs, to solemnize marriage.
Parent.s an d  g u a rd ia n s - 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 custodv.
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Section 4. F acilitation o f child m arriage. Any person, who causes, fixes, facilitates
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or arranges a child marriage shall be considered as responsible for “Acts of neglect,
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abuse, cruelty or exploitation, and other conditions prejudicial to the child’s
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development”, as punishable under Section 10 of Republic Act No. 7610. This penalty
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shall also attach to an adult paitv’ in a child marriage, who has knowledge of the minor
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status of the child-spouse.
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Section 3. Solem nization o f child m arriage. Any person who officiated and
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performed the formal rites of child marriage shall be considered as responsible for “Acts
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of neglect, abuse, cruelty or exploitation, and other conditions prejudicial to the child’s
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development”, as punishable under Section 10 of Republic Act No. 7610.
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Section 6. Child m arriag e a.s public crim e. The prohibited act of child marriage,
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its facilitation and solemnization, are considered public crimes. These acts gravely
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threaten and endanger the surviv al and normal development of children and can be
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initiated by any concerned individual.
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Section 7. Legal Effect o f Child M arriage. Child Marriage is considered as void ab
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initio, hence, the action for annulment of child marriage does not prescribe. The legal
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effect of Child Marriage insofar as Support, Property Relations and Custody shall be
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governed by Articles 50-55 of the Family Code.
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Section 8 . Protective C ustody. A child-pai1yr to a child marriage shall be given
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protective custody in accordance with the provisions of Republic Act No. 7610. The
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court may likewise issue a protection order to protect her from the facilitators of child
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marriage, which may include her inirents or legal guardians.
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Section 9. C ulture-sensitive p ro g ram s an d  Services. There shall be a 
comprehensiv e care and welfare program 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 effectivit}- of this Code to ensure 
the over-all support, health and development of the children. The said program shall be 
culturally-sensitive and shall take into account the specific needs of children of 
indigenous cultural communities and children in Muslim communities.
Section 10. D uty-B earers and R esponsibilities. In order to prevent and 
eventually end child marriages and protect the children from this form of abuse and


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exploitation, the following government offices shall be responsible to take the necessaiy 
actions:
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a. D ep artm en t o f Social W elfare and D evelopm ent (DSW D) - Shall take 
the lead in the implementation of this Act and create programs that will address 
the prevalence of child marriage and provide appropriate seivices to children 
who were forced to enter into
child marriage. It shall ensure the information drive in the marriage as a form of abuse 
and violence, its impacts and effects, there
and guardians; and include the same in its existing programs such as pre-marriage 
counseling sessions, family development sessions, and parenting effectiveness seminar.
b. C ouncil fo r th e W elfare o f C hildren (CWC) - Shall work closely with the 
DSWD in strengthening policies to prohibit and end child marriage. It shall 
include the ad\’ocacv to prevent child marriage in the Philippine plan of action to 
end violence against children.
c. D ep artm en t o f Ju stiee (D O J) - Shall assume responsibility in ensuring that 
the penal provisions of this Act are carried out and provide access to justice and 
legal sen ices to those who suffered the consequence of child marriage.
d. D ep artm en t o f th e In te rio r and Local G overnm ent (DILG) - Shall 
ensure that LGUS are monitoring the implementation of the kuv by maintaining a 
Children's Desk in all PNP headquarters and Barangay offices through the 
Local/Barangay Council for the Protection of Children.
D ep artm en t o f E ducation (Depl^d) - Shall include the discussion on the 
impact and effects of child marriage in the comprehensive sexuality education 
curriculum.
D ep artm en t o f H ealth (DOH) - shall ensure access to health services for the 
prevention of child marriage and .senices for boys and girls w'ho experienced 
child marriage.
Fam ily A nd Executive C ourts' Ju d g es - 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'
h. P hilippine C om m ission on W om en (PCW ) - Shall integrate dissemination 
of the provisions of this Act in programs on public awareness and behavior- 
change communications.
i. Com m i.ssion on H um an Rights (CHR) - Shall monitor the implementation 
of this Act as Gender Ombud and through its Child Rights Center/Desk.
j. N ational C om m ission on M uslim  Eilipinos (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, 
ensure the implementation of this Act, and monitor and report cases of child 
marriages in communities of jurisdiction.
k. N ational Com m i.ssion fo r 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. 11. Im p lem en tin g  R ules an d  R egulations. Within ninety (90) days from the 
effecti\'ity 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 sen ices in their Annual Budget.
c.
f.
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Sec. 12. R epealing C lause. All other laws, decrees, executive orders, issuances, rules
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and regulations or parts thereof inconsistent with the provisions of this Act are hereby
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repealed or modified accordingly.
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Sec. 13. Rffectivily. This Act shall take effect fifteen (15) days after is complete
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publication in the Official Gazette or in at least two (2) national papers of general
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circulation.
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A pproved,