Dear PAO,

I have an uncle who is living with his partner, who is only sixteen (16) years old. His partner is my classmate in school. I think this is wrong because there is more than a ten-year age gap between them, and my classmate is still a minor. Is this legal according to our laws? Can you please enlighten me? Thank you for your response!

Amelia

Dear Amelia,

In December 2021, Republic Act (RA) 11596, titled “An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof,” was enacted. This law principally prohibits child marriage in the Philippines. Its aim is to protect children, particularly minors, from early marriage, which brings various negative effects to their lives and futures.

According to the law, marriage is not allowed for individuals under the age of eighteen (18). The law imposes penalties on anyone who violates this, including parents, teachers, or any adults who give consent or assist in facilitating such marriages. RA 11596 promotes the rights of young people to complete their education and have opportunities to pursue their dreams. Often, children who get married are forced to stop their studies, resulting in a lack of knowledge and skills.

But, RA 11596 goes even further. It not only focuses on prohibiting early marriage but also addresses issues related to cohabitation between an adult and a minor. Under this law, specifically, in Section 4 (c) thereof:

“Section 4. Unlawful Acts. – The following are declared unlawful and prohibited acts:

“(c) Cohabitation of an Adult with a Child Outside Wedlock. – An adult partner who cohabits with a child outside wedlock shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000.00): Provided, however, That if the perpetrator is a public officer, he or she shall likewise be dismissed from the service and may be perpetually disqualified from holding office, at the discretion of the courts: Provided, finally, That this shall be without prejudice to higher penalties that may be imposed in the Revised Penal Code and other special laws.”

Thus, those who are of legal age, or those eighteen (18) years old and above, who are caught cohabitating with minors, may face legal penalties which include imprisonment, fines, and other penalties set by the law. The purpose of these penalties is not only to punish violators but also to better protect children who have yet to develop the mental faculty necessary to discern and give consent on legal matters, particularly cohabitation and marriage. In addition to penalties, the law aims to provide intervention and support for children affected by such situations. This may include rehabilitation programs, counseling, and other community services.

Regarding your question, the live-in arrangement between your uncle and classmate is not legal under our laws. This is because your classmate is only sixteen (16) years old, and your uncle is of legal age. The act of your uncle in cohabitating with your classmate is considered a crime under RA 11596, and he may be subject to penalties as mentioned above.

We hope that we are able to answer your queries. This advice is based solely 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 [email protected]