“However, if the man and woman are sixteen and fourteen years of age, respectively, but under twenty and eighteen years of age respectively, the marriage is valid even without the consent of the parents, but the parties are responsible for the violation of the Marriage Act.” (Gamboa, An Introduction to Philippine Law III (4th edition 1939)). According to the 2017 Philippine National Demographic and Health Survey, 1 in 6 Filipino girls are married before the age of 18 or the legal age. The phenomenon of child marriage has been practiced in indigenous and Muslim communities in the country. Globally, the Philippines ranks 12th in absolute child marriage. While these communities have sought to address this issue through community-based programs, the passage of a law strengthens the legal framework and protections for our young children and underscores the government`s commitment as a state party to fully implement the UN Convention on the Rights of the Child. If the bride or groom is between the ages of 18 and 25, you will need to provide the local registrar with confirmation that you have completed marriage counseling. If you do not participate in a marriage consultation, your marriage certificate will not be issued for three months. Individuals must be at least 21 years of age to marry in the Philippines without the written consent of the parents. If your parents are unable to appear with you before the local registrar, an affidavit signed by two witnesses may be accepted. The Republic of the Philippines does not allow marriage by proxy. An affidavit of the bride and groom confirming that advice has been obtained, as well as written consultation, if any, must be attached to the application for a marriage certificate. If parents or caregivers did not provide advice, this should be noted in the affidavit.
We commend the Philippine government for passing this very important law. Together with the Child Rights Network and all other children`s rights organizations and advocates in the country, we at UNICEF will continue to commit to ensuring the strict implementation of this new law and supporting the Philippine government, especially key actors in the implementation of this law, as we continue our work towards the complete elimination of child marriage and all forms of violence against children in the Philippines. MANILA, Philippines — After a long battle between lawmakers and advocates, the Philippines now has a complete ban on child marriage in the country. If you are under 18, you cannot marry in the Philippines, even if your parents agree to the marriage. You must be at least 18 years old to legally marry a Filipino. If one of you is not a Filipino citizen, you will need to present your passport and a certificate of legal capacity to get married. An affidavit in lieu of the certificate may also be accepted. You will need to check with a U.S. consular officer to make sure they are making the affidavit. In 2016, the CEDAW committee called on the government to address the root causes of child and forced marriage, including poverty, conflict and insecurity, as well as vulnerability to the effects of natural disasters. It was also concerned that the provisions of Magna Carta relating to women and those of the Code of Muslim Personal Laws and customary laws applicable to indigenous communities encourage harmful practices such as child and forced marriage.
The consequences of child marriage for girls and boys are numerous and far-reaching, directly causing serious harms, including denial of education, perpetuation of poverty, and increased likelihood and risk of early pregnancy, childbirth, maternal mortality, and sexual violence. If you are a foreigner, bring your passport and a certificate of legal capacity to contract marriage. Development also comes at a critical time. Child marriage has affected more than half a billion women and girls worldwide, and COVID-19 threatens years of progress in reducing the practice. According to UNICEF`s latest analysis, an additional 10 million girls are at risk from the effects of the pandemic alone. Child marriage is a complex human rights issue that violates other rights – often depriving children of their education, development and freedom, and increasing other risks such as domestic violence and abuse. This is a crucial development for children, as the country currently has the 12th highest rate of child marriage in the world. In the Philippines, one in six girls is married before the age of 18. The abolition of this widespread practice is an essential step in ensuring the rights and safety of children in the country. Under Philippine law, which came into effect in 1933, a marriage between a man sixteen years of age and older and older is valid between a man over sixteen years of age and a woman. Parental consent is required if the man is under twenty years of age or the woman under eighteen years of age.
However, the absence of parental consent does not invalidate the marriage. Check with your local registrar about the fees charged for a marriage certificate. The fee for a marriage certificate may be waived if the applicant couple has no visible income opportunities or insufficient income. If this is your first marriage, the local registrar will ask you to inspect your original birth certificates or baptismal certificates. Certified true copies may be accepted. You must provide the full name, place of residence and citizenship of your parents or guardians. Government efforts to ban child marriage must include measures to challenge entrenched social norms and discriminatory gender stereotypes that underpin the practice of child marriage in the country. According to the UN Human Rights Council, “the criminalisation of child, early and forced marriage is not enough if it is introduced without complementary measures and support programmes”.
“We are pleased that the government has finally acknowledged that child marriage is a violation of basic human rights that harms the health and safety of girls and boys,” said Jihan Jacob, Senior Legal Advisor for Asia at the Center for Reproductive Rights. “This new law is an important first step in protecting children`s rights in the Philippines. In addition to banning child marriage at the state level, U.S. lawyers are also calling for the repeal of a federal law that currently allows an exemption from legal rape laws based on marriage. Although Duterte signed the bill on Dec. 10, the text of the new law was not leaked to the media until Thursday, according to the Philippine news agency. In addition to prohibiting legal marriage between an adult and a child or between children, the law also prohibits similar informal partnerships outside marriage.