Dear PAO,
I am 46 years of age and a member of an Indigenous community. I have been in a relationship with a 16-year-old, and I plan to marry her. My Indigenous traditions and religion expressly allow me to marry someone this young, but I do not want to get into trouble. I heard that there is a new law that prohibits this. Is it really illegal to marry a minor now?
Xareef
Dear Xareef,
You are correct. According to Republic Act (RA) 11596, which was passed on Dec. 10, 2021, and which took effect on Dec. 26, 2021, it is now absolutely illegal to marry a minor. This new statute superseded any older law that contradicts it.
Indeed, RA 11596, or “An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof,” provides the following:
“Section 3. Definition of Terms. – As used in this Act:
“(a) Child refers to any human being under eighteen (18) years of age, or any person eighteen (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 disability or condition;
“(b) Child marriage refers to 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. It shall include an informal union or cohabitation outside of wedlock between an adult and a child, or between children;
“xxx
“Section 6. Legal Effect of a Child Marriage. – Child marriage is void ab initio, and the action or defense for the declaration of absolute nullity of a child marriage shall not prescribe in accordance with Articles 35 and 39 of the Family Code of the Philippines. Articles 50 to 54 of the Family Code of the Philippines shall govern on matters of support, property relations, and custody of children after the termination of the child marriage.
“xxx
“Section 11. Transitory Provision. – Within one (1) year from the effectivity of this Act, the NCMF and NCIP shall extensively undertake measures and programs in their respective jurisdictions to assure full compliance with this Act. During the transition period of one (1) year, the applications of Section 4(a) and (b), and Section 5 of this Act to Muslim Filipinos and indigenous cultural communities/indigenous peoples shall be suspended.”
Here, while your Indigenous traditions and religion expressly allow you to marry a minor, our current law strictly prohibits it. Given that more than one year has passed since the law took effect on December 26, 2021, Muslim Filipinos and Indigenous cultural communities/Indigenous peoples are already covered by this prohibition. Hence, it no longer matters whether you are a member of Indigenous community or not. Neither does your religion change the application of the law. What matters now is that the person you wish to marry is a minor.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
