Illegal facilitation of child marriages
Dear PAO,
I am living and studying in the province. One of my classmates, who is still a minor, was forced by her parents to get married. My classmate told me that her parents went to someone who produced a foundling certificate to show that she was of legal age. My classmate told me that she did not want to get married but was only constrained to do so because her parents said that it was already planned a few months ago, and she could no longer back out. I would like to ask if there is a law that penalizes this kind of fixed marriage involving a minor.
Sel
Dear Sel,
Please be informed of the provision of Section 4(b) of Republic Act (RA) 11596 or “An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof,” which provides 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; x x x”
Based on the above-stated law, it is unlawful for any person to fix, facilitate, or arrange a marriage involving a child. As stated in the law, any person who would be found liable for fixing, facilitating, or arranging a child marriage, shall suffer the penalty of prision mayor in its medium period and a fine of not less than P40,000.
The afore-mentioned provision also provided that if the person who committed the act of fixing, facilitating, or arranging a child marriage is an ascendant, parent, adoptive parent, stepparent, or guardian of the child, the imposable penalty thereof shall be prision mayor in its maximum period, or a fine of not less than P50,000. In addition to the said penalty is the perpetual loss of parental authority.
In the scenario that you have mentioned, it was unlawful for said persons to facilitate said marriage, considering that your classmate is still a child or a minor. Thus, if the parents would be found guilty for violating Sec. 4(a) of RA 11596, the penalty of prision mayor in its maximum period, or a fine of not less than P50,000 shall be imposed against them and perpetual loss of parental authority.
Further, based on the situation that you have mentioned, the person who issued the foundling certificate for the purpose of misrepresenting the age of your classmate to facilitate such marriage shall also be liable under the afore-mentioned section, however, this is without prejudice to liability under other laws.
We hope that we were able to answer your queries. Please be reminded that 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 on.
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