Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Declaration of State Policy. – Consistent with Section 13, Article II of the Philippine Constitution, the
State recognize the vital role of the youth in nation-building and promotes and protects their physical, moral,
spiritual, intellectual, and social well-being. In the pursuit of this policy, the State shall abolish all traditional and
cultural practices and structures that perpetuate discrimination, abuse and exploitation of children such as the
practice of child marriage.
Further, the State recognizes the role of women in nation-building and shall therefore protect and promote their
empowerment. This entails the abolition of the unequal structures and practices the perpetuate discrimination and
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inequality.
The State affirms the human rights of children consistent with its obligations under (1) international conventions to
which the Philippines is a State Party, including the (a) Universal Declaration of Human Rights; (b) Convention on
Consent to Marriage, Minimum Age for Marriage and Registration of Marriages; (c) UN Convention on the Rights of
the Child; (d) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); (e) Optional
Protocol on the Sale of Children, Child Prostitution and Child Pornography; and (f) Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children; and (2) domestic laws like Republic Act No.
7610, otherwise known as the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination
Act.”
The State affirms that marriage shall be entered into only with the free and full consent of capacitated parties, and
child betrothal and marriage shall have no legal effect.
Pursuant to these policies, the State thus views child marriage as a practice constituting child abuse because it
debases, degrades, and demeans the intrinsic worth and dignity of children.
Section 2. Interpretation of this Act. – In the interpretation of this Act, the best interests of the child shall be the
primary consideration.
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;
(c) Guardians refer to relatives or individuals taking custody of a child in the absence of the parents, or
anyone to whom a child is given or left for care or custody, whether permanent or temporary; or persons
judicially appointed by a competent court as guardians;
(d) Parents refer to biological parents or adoptive parents; and
(e) Solemnizing officers refers to any person authorized to officiate a marriage under Executive Order No.
209, otherwise known as “The Family Code of the Philippines,” or recognized to celebrate marriages by
reason of religion, tradition, or customs.
