Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7922

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

UNICEF defines child marriage as any formal marriage or informal union between a child under
the age of eighteen to an adult or another child’. Child marriage is a violation of UN Convention
cn the Rights of the Child, as it robs children of their childhood and is threatening to their lives
and health, especially for girls who bears children during their adolescent years. Child marriage
also takes a heavy toll on the physical and psychological well-being of children.

According to UNICEF, Philippines ranks 12” among nations who have the highest absolute number
of child brides, with 15% of young women aged 20-24 reportedly married before they reached
18 years old, A study by the UNFPA Asia-Pacific? reports that Philippines is lagging behind
compared to its peers in Southeast and East Asia in the effort to reduce the percentage of women
being married at the ages 15 to 19. It is imperative that the State create necessary mechanisms
to reduce this percentage and protect children from such violative practices.

While the Family Code of the Philippines specifically sets the marriageable age at 18 years, there
is still an alarming number of informal child union that are occurring every year. To address this,
this measure penalizes anyone who will facilitate, arrange and/or solemnize of any union that
involves a child under the age of 18.

On behalf of the people of Parafiaque City's Second District, and for the common good of the

Filipino people, the approval of the said measure is earnestly sought.
ah | ii j
IYRA S. TAMBUNTII
District, Parafiaque Ci

+ UNICEF: Child Marriage. Retrieved from https: //wwrw.unicef.org/protection/child-marriage
2 As cited In UNFPA: Empowering Maranao gifs against child marriage. (2019). Retrieved from
bitps://philippines.unfpa.org/en/news/empowering-maranao-girlsagainst-child-marriage


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. _7922

Introduced by HON. JOY MYRA S. TAMBUNTING

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

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.

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, 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.

Sec. 2. Affirmation of the Principles of Human Rights of Women and children. - Human
rights are universal, inalienable and 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 (R.A. No. 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.


Sec. 3. Definition of Terms.

a. 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.

b. Child Marriage - any marriage entered into where one or both parties are children as
defined in the paragraph above, and solemnized in civil or church proceedings, or in any
recognized traditional, cultural or customary manner.

cc. Solemnizing Officer - any person authorized by law as defined in the Family Code or
recognized by reason of religion, tradition, culture or customs, to solemnize marriage.

d. Parents- refer to biological parents or adoptive parents.

e. Guardians — refer to legal guardians, 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.

Sec. 4. Facilitation of Child Marriage. - Any person, who causes, fixes, facilitates or arranges
a child marriage shall suffer the penalty of prision mayor in its medium period and a fine of not
less than Forty Thousand pesos (P40,000.00); Provided, however, that should the perpetrator be
an ascendant, stepparent, or guardian of the minor, the penalty imposed shall be prision mayor
in its maximum period, a fine of not less than Fifty thousand pesos (P50,000.00) and the loss of
parental authority over the same.

Sec. 5. Solemnization of Child Marriage. - Any person who performs or officiates the formal
rites of child shall suffer the penalty of prision mayor in its medium period and a fine of not less.
than Forty Thousand pesos (P40,000.00), in addition to perpetual disqualification from office if
he or she is a public officer.

Sec. 6. Public Crimes. - The prohibited act of child marriage, its facilitation and solemnization,
are considered public crimes and can be initiated by any concerned individual.

Sec. 7. Legal Effect of Child Marriage. — Child Marriage is considered as void ab initio, hence,
the action for annulment of child marriage does not prescribe. The legal effect of Child Marriage
insofar as Support, Property Relations and Custody shall be governed by Articles 50-55 of the
Family Code.

Sec. 8. Programs and Services. — There shall be a culturally-appropriate 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 9. 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:

a. 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 and provide appropriate services to children who were forced to enter into child


marriage. It shall include information and awareness campaigns on the negative effects
of child marriage.

b. 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.

c. 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
victims.

d. 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 Philippine
National Police (PNP) headquarters and Barangay offices through the Local/Barangay
Council for the Protection of Children.

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

f. Department of Health (DOH) - shall ensure access to health services for the prevention
of child marriage, as well as reproductive health and mental health services for children
in child marriages.

g. Family And Executive Courts' Judges — shall 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. Philippine Commission on Women (PCW) — shall integrate dissemination of the provisions
of this Act in programs on public awareness and behavior-change communications.

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

j. National Commission on Muslim Filipinos (NCMF) — shalll 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.

k. National Commission for Indigenous People (NCIP) — shall include in its program of action
the raising of awareness of indigenous people 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 the
‘communities of jurisdiction.

Sec. 10. Participation of Women and Girls. — Duty-bearers should ensure that women and
girls are not only consulted, but are able to participate fully in every step and stage of decision-
making.

Sec. 11. Implementing Rules and Regulations. — Within ninety (90) days from the effectivity
of this Act, the Department of Social Welfare and Development as lead agency, The Department
of Education, and the Department of Health in coordination with other concerned government
agencies, and three 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. 12. 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. 13. 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,