Dear PAO,

I was scrolling through my social media and I saw a video where a father appeared to be forcing his daughter to marry her boyfriend. According to the video, both children were 16 years old. As far as I know, child marriage is illegal. I wonder, can the father be penalized for facilitating this kind of marriage?

Janina

Dear Janina,

The State has a duty to protect and always uphold the best interests and welfare of children. This is consistent with the 1987 Constitution and our obligations under international law. Included in the holistic protection of children is to safeguard them from illegal and abusive social or cultural practices.

Republic Act (RA) 11596, otherwise known as the “Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof,” prohibits child marriages in Section 3(a) and (b) thereof:

“Section 3. Definition of Terms. – As used in this Act:

“(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; x x x”

The law establishes particular prohibition on the facilitation of child marriages. Likewise, it gives emphasis on a parent who facilitates such illegal marriage. Section 4(a) clearly declares that:

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

“(a) Facilitation of Child Marriage. – Any person who causes, fixes, facilitates, or arranges a child marriage shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000.00): Provided, however, That should the perpetrator be an ascendant, parent, adoptive parent, step parent, or guardian of the child, the penalty shall be prision mayor in its maximum period, or fine of not less than Fifty thousand pesos (P50,000.00), and perpetual loss of parental authority: Provided, further, That any person who produces, prints, issues and/or distributes fraudulent or tampered documents such as birth certificates, affidavits of delayed registration of birth and/or foundling certificates for the purpose of misrepresenting the age of a child to facilitate child marriage or evade liability under this Act shall be liable under this section, without prejudice to liability under other laws: Provided, finally, That if the perpetrator is a public officer, he or she shall be dismissed from the service and may be perpetually disqualified from holding office, at the discretion of the courts;”

Under the above-mentioned provision, if a parent facilitates the marriage of a minor child, he or she may be penalized with prision mayor in its maximum period, a fine of not less than fifty thousand pesos (P50,000.00), and permanent loss of parental authority.

To answer your question, should it be proven that the father in the video you watched facilitated the child marriage through causing, fixing or arranging the marriage between his minor daughter and another child, he may be liable for imprisonment or a fine.

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]