EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S. No. 
1 6 2
of t!|.’ 
-
'19 JUL -2 All 53
RECEIVtOEV.
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
PROTECTING 
CHILDREN 
BY 
PROHIBITING 
AND 
DECLARING 
MARRIAGE AS ILLEGAL, AND IMPOSING PENALTIES THEREOF
CHILD
EXPLANATORY NOTE
The issue of child marriage has been addressed in numerous international 
conventions 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 
country's 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 worrying is the fact that the country has the 12th highest absolute 
number of child brides around the world, which is estimated to be at 726,000.1 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 poverty exacerbates the problem of child marriage and renders it necessary 
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.
Thus, the passage of this bill is earnestly sought
RISA HONTIVEROS 
^  
Senator
htlp.s;//www.girlsnolbrides.i>rg/cliild-maiTmye/philippiiics/


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S. No. 
1 6 2
ol tilf '-'•r.n t irjj
‘19 JUL -2 m 53
REaiVuDti
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
PROTECTING CHILDREN 
BY PROHIBITING AND DECLARING CHILD 
MARRIAGE AS ILLEGAL, AND IMPOSING PENALTIES THEREOF
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
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Section 1. Short Title. -  This Act shall be known as the "Girls Not Brides Act of
2019".
Sec. 2. Declaration o f 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 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.
Sec. 3. Affirmation o f the Principles o f Human Rights o f 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, and 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


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(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 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.
Sec. 3. Definition. -  As used in this Act, the following terms shall mean:
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 as defined by the Special Protection of Children 
Against Child Abuse, Exploitation and Discrimination Act.
b) 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.
c) 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.
d) 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.
e) Parents and guardians - 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.
Sec. 4. Facilitation o f child marriage. -  Any person, who causes, fixes, 
facilitates or arranges a child marriage shall be considered as responsible for "Acts of 
neglect, abuse, cruelty or exploitation, and other conditions prejudicial to the child's 
development", as punishable under Section 10 of Republic Act No. 7610. This penalty


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shall also attach to an adult party in a child marriage, who has knowledge of the 
minor status of the child-spouse.
Sec. 5. Solemnization o f child marriage. - Any person who officiated and 
performed the formal rites of child marriage shall be considered as responsible for 
"Acts of neglect, abuse, cruelty or exploitation, and other conditions prejudicial to the 
child's development", as punishable under Section 10 of Republic Act No. 7610.
Sec. 6. Child marriage as public crime. -  The prohibited act of child marriage, 
its facilitation and solemnization, are considered public crimes. These acts gravely 
threaten and endanger the survival and normal development of children and can be 
initiated by any concerned individual.
Sec. 7. Legal Effect o f 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. Protective Custody. -  A child-party to a child marriage shall be given 
protective custody in accordance with the provisions of Republic Act No. 7610. The 
court may likewise issue a protection order to protect her from the facilitators of child 
marriage, which may include her parents or legal guardians
Sec. 9. 
Culture-sensitive programs and Services. -  There shall be a 
comprehensive 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 effectivity 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.
Sec. 10. 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 ensure the information drive in the marriage as a form of abuse
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and violence, its innpacts 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) 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 those who suffered the consequence of 
child marriage.
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 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 and services for boys and girls who 
experienced child marriage.
g) 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 shall 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) - 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


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children, ensure the implementation of this Act, and 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, 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. 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. 12. Repealing Clause. — All laws, executive orders, presidential decrees, 
presidential proclamations, letter of instruction, 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 its 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,