Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

3899

HOUSE BILL NO.

INTRODU EPRESENTATIVE ALFRED VARGAS

AN ACT PROTECTING CHILDREN BY PROHIBITING AND DECLARING
CHILD MARRIAGE AS ILLEGAL, AND IMPOSING PENALTY THEREOF

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 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 18" birthday and 2% of girls before the
age of 15 are married. More worrying is the fact that the country has the 12%
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. 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 unsolved. Clear legislation,
pro- children policies and multi-sectoral programs could address the problem
and render the practice of child marriage obsolete.

Thus, the passage of this bill is earnestly sought.

Fi VARGAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

3899
HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT PROTECTING CHILDREN BY PROHIBITING AND DECLARING
CHILD MARRIAGE AS ILLEGAL, AND IMPOSING PENALTY THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines

in Congress assembled:

Section 1. Short title. This Act shall be known as the “Girls Not Brides Act of
2019".

Section 2. 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 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. 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).

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

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

Section 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 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 circumstances 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 custom, tosolemnize marriage.

e. Parents and guardians - refer to biological parents or those legally
adoptingparents. Guardians refer to relatives taking custody of the child or
minor in theabsence of the parents; or anyone to whom a child or minor was
given or left for care custody.


Section 4. Facilitation of child marriage. Any person, who causes, fixes,
facilitatesor arranges a child marriage shall be considered as responsible for
“Acts of neglect, abusecruelty or exploitation, and other conditions prejudicial to
the child's development”, as punishable under Section 10 of Republic Act No.
7610. This penalty shall also attach to an adult party in a child marriage, who has
knowledge of the minor status of the child-spouse.

Section 5. Solemnization of 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.

Section 6. Child marriage as public crime. The prohibited act of child
marriage, itsfacilitation and solemnization are considered public crimes. These
acts gravely threaten and endanger the survival and normal development of
children and can be initiated by anyconcerned individual.

Section 7. Legal Effect of Child Marriage. Child Marriage is considered as void
abinitio, hence, the action for annulment of child marriage does not prescribe.
‘The legal effect of Child Marriage insofaras Support, Property Relations and
custody shall be governed by Articles 50-55 of the Family Code.

Section 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 likewiseissue a protection order to protect her from the
facilitators of child marriage, which may include her parents or legal guardians.

Section 9. Culture-sensitive programs and Services. There shall be a
comprehensive careand welfare program to be formulated by the Department of
Social Welfare and Developmentin coordination with other government agencies
identified herein as duty-bearers and withthe 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.

Section 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 action:


. 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 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.

. 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 sequence 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 the 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 behavior-change communications.

Commission on Human Rights (CHR)- Shall minor the
implementation of this Act as Gender Ombud and through 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 the Communities of jurisdiction.


k. National Commission for Indigenous People (NCIP)- Shall include
in itsprogram 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 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. Separability Clause. If any part or provision of this Act shall be held
unconstitutional or invalid, other provisions hereof which are not affected
thereby shall continue to be in full force and effect.

Sec. 13, Effectivity. This Act shall take affect fifteen (15) days after is complete

publication in the Official Gazette or in at least two (2) national papers of general
circulation.

Approved,