R.A.

11596

AN ACT PROHIBITING THE PRACTICE OF CHILD MARRIAGE AND IMPOSING

PENALTIES FOR VIOLATIONS THEREOF

The law provides that a child refers to any human being under 18 years of
age or any person 18 years of age or over but who is unable to fully take care
and protect oneself from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or a mental disability or condition.

Child marriage, a silent and yet widespread practice, is defined as any legal
or customary union involving a boy or girl below the age of 18 and is
solemnized in civil or church proceedings, or in any recognized traditional,
cultural, or customary manner. It is considered a public crime, hence, an
action may be initiated by any concerned individual.

Child marriage is a widespread violation of human rights. It hinders social

and economic advancement and is a result of gender inequality. The low
value placed on girls and women fosters the conduct and acceptance of child
marriage in communities where the practice is frequent. It directly impacts
girls’ education, health, psychologic well-being, and the health of their
offspring. It increases the risk for depression, sexually transmitted
infection and maternal mortality. Their offspring are at an increased risk for
premature birth and, subsequently, neonatal or infant death.

Unlawful Acts, under the law, include facilitation of child marriage,

solemnization of child marriage and the cohabitation of an adult with a child
outside wedlock. All of which are punishable by prision mayor and a fine of
not less than fifty thousand pesos (Php 50,000.00).

The said marriage with a child shall be considered void ab initio and the
action or defense for the declaration of absolute nullity of a marriage shall be
imprescriptible.

The Department of Social Welfare and Development led the signing of the
law’s implementing rules and regulations on December 7, 2022.
There is no religious teachings or Islamic Law clearly support the prevalence
of child marriage because the purpose of marriage in Islam is to perform a
happy and harmonious relationship among the couple. The use of the
Prophet Muhammad’s marriage to Aisha in the age of six as the fundamental
basis for child marriage is unjustified.

What can we do to help protect our children from this obvious danger?