Dear PAO,

I have read in the newspapers that we now have a law which prohibits child marriages. Is the law applicable to child marriages solemnized under the Islamic law?

Ali

Dear Ali,

Yes, the law prohibiting child marriages within the Philippines is applicable to Islamic marriages.

Foremost, the law that you mentioned is codified in Republic Act (RA) 11596, otherwise known as An Act Prohibiting the Practice of Child Marriages and Imposing Violations Thereof, which was enacted on Dec. 10, 2021.

Section 4 of the said law criminalizes three marital acts, namely, (a) facilitation of child marriage, (b) solemnization of child marriage, and (c) cohabitation of an adult with a child outside wedlock. The law defines a child as “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.” (Section 3 of RA 11596)

On the other hand, Presidential Decree 1083, or the Code of Muslim Personal Laws of the Philippines, allows any Muslim male at least fifteen years of age and any Muslim female of the age of puberty or upwards to contract marriage. A female is presumed to have attained puberty upon reaching the age of fifteen. Additionally, the Shari’a District Court may, upon petition of a proper wali, order the solemnization of the marriage of a female who, though less than fifteen but not below twelve years of age, has attained puberty. (Article 16, Code of Muslim Personal Laws of the Philippines)

At first glance, the two distinct laws seem to call for harmonization as there are patent inconsistencies among their provisions. However, it is categorical that the intention of the framers of RA 11596 is to apply the prohibition of child marriages to Islamic practices considering that Section 11 of the law provides for a transitory provision which called for the suspension of Sections 4a and 4b, and Section 5 to Muslim Filipinos during the transitory period of one year. The National Commission for Muslim Filipinos was also tasked to extensively undertake measures and programs in their respective jurisdictions to assure full compliance with this Act.

Plain and simple, after one year from its effectivity, the full force of RA 11596 would apply to Islamic practices. This is in consonance with the spirit of our Constitution to protect the best interest of the child, and an affirmation that marriage shall be entered into only with the free and full consent of capacitated parties.

We hope that we were able to answer your queries. This advice was 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.

We appreciate your 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]