GENDER issues have become more pervasive. The government has addressed such to protect and save women and children’s welfare. It is more focused on these issues by adapting new laws that also engage on family, tradition and culture.
Recently, President Rodrigo Duterte signed a law abolishing all traditional and cultural practices and structures that perpetuate discrimination, abuse and exploitation of children such as the practice of child marriage.
The new law is Republic Act No. 11596 or An Act Prohibiting the Practice of Child Marriage and Imposing Penalties. This law is consistent with Section 13, Article II of the 1987 Philippine Constitution – the State recognizes the role of the youth in nation-building and promotes and protects their physical, moral, spiritual, intellectual, and social well-being.
Under the law, “child marriage” is defined as “any marriage entered into where one or both parties are children…, and solemnized in civil or church proceedings, or in any recognized traditional, cultural, customary manner. It shall include an informal union or cohabitation outside of wedlock between an adult and a child, or between children.”
Additionally, “children” means 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 mental ability or condition.
According to Section 4 of the law, “any person who causes, fixes, facilitates or arranges child marriage shall suffer from penalty of prision mayor in its medium period and a fine of not less than “P40,000.”
However, should the perpetrator be an ascendant, parents, adoptive parent, step parent, or guardian of the child, the penalty shall be prision mayor in its maximum period, a fine of not less than P50,000, and perpetual loss of parental authority.
Any person who performs or officiates a child marriage shall suffer the penalty of prision mayor in its maximum period and a fine of not less than P50,000 in addition to perpetual disqualification from office if he or she is a public officer.
Child marriage is void ab initio. The action or defense for declaration of absolute nullity of marriage does not prescribed in accordance with Article 35 and 39 of the Family Code. Article 50 of the Code shall govern on matters of support, property relations, and custody of children after the termination of the marriage.
In Section 5 of the said law, the unlawful acts and prohibited acts are deemed public crimes and can be initiated by any concerned individual.
The Department of Social Welfare and Development (DSWD), the Department of Education (DepEd), and the Department of Interior and Local Government (DILG) have the responsibility to implement and reinforce the law.
This is a landmark legislation that safeguards the rights and safety of women and children who are forced into marriage./PN
