(d) "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 for purposes of the Act;

(e) "Cohabitation of an adult with a child outside wedlock" is defined as the act of living in or dwelling together in an informal union between an adult and a child outside wedlock.

e.1. "Cohabitation" refers to the act of dwelling together, in the manner of husband and wife, as couples, or as partners, regardless of sexual orientation or gender identity or expression, for some period of time, as distinguished from occasional, transient intervals for unlawful intercourse;

(f) "Facilitation of Child Marriage" refers to the act of causing, fixing, facilitating or arranging the child marriage of contracting parties that leads to their marriage and cohabitation.

(g) "Guardians" refers 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 including but not limited to foster parents, or persons judicially appointed by a competent court as guardians:

g.1. "Foster Parents" refers to persons duly licensed by the Department of Social Welfare and Development to provide foster care to a child or children.

(h) "Indigenous Cultural Communities/Indigenous Peoples" (ICCs/IPs) refers to a group of people or homogeneous societies identified by self-ascription and ascription by others, who have continuously lives as an organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains;

(i) "Muslim Filipinos" refers to the Filipino population in the Philippines who follow the religion of Islam which is an Arabic word that closely translates as "submission to the will of Allah (God)". Similar with the Muslim nations in the neighboring Southeast Asian countries, the national identity of the Muslim Filipinos was shaped by their faith and further transformed in the course of their fearless yet heroic struggle against western colonialism in the Philippines. They possessed the oldest political history referred to as the "sultanate institution" and price themselves with their perpetual and bountiful cultural, artistic, and traditional heritage that played a major historical development in Philippine history. They are composed of various Muslim ethnic groups, namely: Maranao, Magindanao, Iranun, Tausu, Yakan, Sama, Sangil, Kaagan, Kolibugan, Badjao, Jama Mapun, Panimusan (in Palawan Islands), and the Molbog. The Muslim Filipinos also include a good number of Muslim reverts otherwise known as "Balik-Islam" all over the country.

(j) "Parents" refers to biological and adoptive parents:

j.1 "Biological Parents" refers to the child's mother and father by nature, or the mother alone if the child is unacknowledged non-marital child;

j.2. "Adoptive Parents" refers to the child's mother and father by legal adoption;

(j) "Perpetrator" is an adult who commits any of the acts prohibited and considered as unlawful under Section 4 of the Act;

(l) "Social and Behavioral Change Communications (SBCC)" encompasses any set of strategies and interventions, including but not limited to, information dissemination, motivation, problem solving and planning, that influence drivers of change and supports local action to empower individuals and communities, and lower structural barriers that hinder people from adopting positive practices and behavior, and societies from becoming more equitable, inclusive, cohesive, and peaceful.

(m) "Solemnization of Child Marriage" refers to the act of performing or officiating a ceremony, in accordance with the prescribed forms or religious rites, which leads to child marriage and/or cohabitation of contracting parties, within the purview of the Act.

(n) "Solemnizing Officer" refers to any person authorized to officiate a marriage under Executive Order No. 209, otherwise known as the Family Code of the Philippines; Republic Act No. 7160, otherwise known as the Local Government Code of 1991; Presidential Decree No. 1083 (Under Article 18); and all other customary laws or practices.

Section 5. Unlawful Acts. - The following are declared unlawful and prohibited acts:

(a) Facilitation of Child Marriage - any person who causes, fixes, facilitates or arranges child marriage shall suffer the penalty of prison 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 prison mayor in its maximum period, a 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/distributes fraudulent or tampered document 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 as may be finally adjudged by a court.

(b) Solemnization of Child Marriage - any person who performs or officiates a child marriage shall suffer the penalty of prison mayor in its maximum period and a fine of not less than Fifty Thousand Pesos (P50,000.00) provided, however 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; provided that, solemnizing officers should conduct due diligence before they solemnize a marriage.

(c) Cohabitation of an adult with a child outside wedlock - An adult partner who cohabits with a child outside wedlock shall suffer the penalty of prison mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000.00): provided, however, that if the perpetrator is a public officer, he or she shall likewise be dismissed from the service and may be perpetually disqualified from holding office at the discretion of the courts: Provided, finally, that this shall be without prejudice to higher penalties that may imposed in the Revised Penal Code and other special laws.

Section 6. Public Crimes. - The foregoing unlawful and prohibited acts are deemed public crimes and their prosecution may be initiated by any concerned individual.

Section 7. Legal Effect of a Child Marriage. - Child marriage is void ab initio and the action or defense for the declaration of absolute nullity of a child marriage shall not prescribe in accordance with Articles 35 and 39 of the Family Code of the Philippines. Articles 50 to 54 of the Family Code of the Philippines shall govern on matters of support, property relations, and custody of children after the termination of the child marriage.

Section 8. Enabling Social Environment. - To prevent and prohibit child marriage, and to reinforce positive social norms that increase protective behavior for children, the government, with concerned national government agencies (NGAs), shall create an enabling social environment where the practice of child marriage shall not thrive. For this purpose, the following policies shall be implemented particularly for girls including, but not limited to, the following:

(a) Empowerment of children through the provision and co-creation of information, skills and support networks including the delivery of social and behavior change communication strategies, as defined;

(b) Enhancement of children's access to and completion of quality education;

(c) Provision of economic support and incentives to children and their families; and

(d) Application of strategic intervention to influence and empower parents and community leaders and ensure a comprehensive, gender-responsive, age-appropriate, disability-inclusive and holistic approach to discourage, prevent and eradicate the practice of child marriage by advocating and implementing social and behavior change communication campaigns that will help communities adapt to the new law, and strong collaboration across different sectors including engagement with families, communities, schools, traditional, religious and cultural leaders.

In all actions concerning children, their best interest shall be or paramount consideration and the 'do no harm' principle shall be applied at all times.

The Department of Social Welfare and Development as the lead implementing agency shall formulate comprehensive as well as age-and-development-appropriate, culturally-sensitive, disability-inclusive and gender-responsive programs, in coordination with other duty bearers such as other NGAs, multi-sectoral partners, and with CSOs and NGOs as identified in Sections 8 and 9 of the Act.

Section 9. Institutional Arrangements. - The provisions of the Act shall be fully and promptly implemented by the following government departments and agencies within their respective jurisdictions. All duty bearers are mandated to report cases of child marriage and issue memoranda relative to child marriage.

(a) Department of Social Welfare and Development (DSWD) - shall take the lead in the implementation of the Act; create programs that will address the prevalence of child marriage; and provide appropriate services including, but not limited to, legal services, health services, psychosocial services, counseling, educational, livelihood and skills development, temporary shelter and all other assistance necessary to protect victim-survivors of child marriage and their offspring. It shall include awareness campaigns on the negative effect of child marriage;

(b) Commission on Human Rights (CHR) - shall monitor the implementation of the Act as Gender Ombud and through its Child Rights Center;

(c) Council for the Welfare of Children (CWC) - shall work closely with the DSWD in formulating, strengthening, and implementing various policies, programs, and activities to prohibit and end child marriage pursuant to the Philippine Plan of Action to End Violence Against Children (PPAEVAC), and to ensure the implementation of this Act;

(d) Department of Education (DepEd) - shall include culturally-sensitive and age-and-development-appropriate modules and discussions on the impact and effects of the child marriage in its comprehensive sexuality education curriculum;

(e) Department of the Interior and Local Government (DILG) - shall institute a systematic information and prevention campaign against child marriage through barangay-level education programs and initiatives that are culturally-sensitive and child-centered. The DILG shall also mandate local government units (LGUs) to provide basic interventions for the rescue, recovery, rehabilitation and support of victims-survivors of child marriage and their offspring; and establish a system of reporting cases of child marriage;

(f) Department of Health (DOH) - shall conduct health promotion and advocacy activities using school and community platforms to raise the awareness of the general public particularly the parents and children on the effects of child marriage on health and welfare of children, families and communities and the quality of future generation in general.

(g) Department of Justice (DOJ) - shall ensure that the penal provisions of this Act are carried out and provide access to justice and legal services to victim-survivors through the Public Attorney's Office (PAO) or the Integrated Bar of the Philippines (IBP), as well as with non-government organizations and volunteer legal groups.

(h) National Commission on Indigenous Peoples (NCIP) - shall include in its program of action awareness-raising campaigns within ICC/IPs on the impact and effects of child marriage in the overall health and development of children, monitor and report cases of child marriages in communities under its jurisdiction, and ensure the faithful implementation of this act and its interpretation in the best interests of the child.

(i) National Commission on Muslim Filipinos (NCMF) - shall include in its program of action awareness-raising campaigns within Muslim communities on the impact and effects of child marriage in the overall health and development of children, monitor and report cases of child marriages in communities under its jurisdiction, ensure the faithful implementation of this Act and its interpretation in the best interests of the child;

(j) Philippine Commission on Women (PCW) - shall integrate dissemination of the provisions of this Act in programs on public awareness and behavior-change communications and;

(k) Supreme Court of the Philippines - shall develop and regularly provide comprehensive, holistic, and multi-disciplinary training and workshop programs to the members of the Judiciary designed to improve their competencies in adjudicating and managing cases of child marriage. In preparing the training frameworks, the Supreme Court, through the Philippine Judicial Academy, shall ensure that they shall have (a) a thorough understanding of the provisions of R.A. No. 11596 and other related laws; (b) a heightened awareness and sensitivity in the treatment of the victim-survivors, observing the "best interest of the child" and "do no harm" principles; and (c) an enhanced knowledge of the programs and services available to the victim-survivors, their offspring, and their families and the skill to refer them to the proper agencies which could provide such services.

The Committee on Family Courts and Juvenile Concerns (CFCJC) shall serve as the national liaison among Family Court judges, the Supreme Court Social Services Counseling Division (SSCD), international agencies, and non-governmental agencies involving issued centered on family, women, and children, and for such purpose, organize national and regional summits, and/or initiate any other fora for the discussion and exchange of information, best practices, or any concerns falling within the scope of Republic Act (R.A.) No. 8369, otherwise known as the Family Courts Act of 1997.

Section 10. Programs and Services of the National Government. - The following are the programs and services that will be provided by the different national government agencies in addressing the concern of child marriage:

The Department of Social Welfare and Development (DSWD), as the lead agency in the implementation of the Act, shall provide different preventive rehabilitative, and developmental programs and services in order to prevent child marriage, rehabilitate victim-survivors of child marriage, and strengthen capacities of victim-survivors of child marriage, the community, and other stakeholders such as: (a) development of an effective and efficient reporting and referral mechanisms for cases of child marriage; (b) utilization of an Electronic Case Management System for reportorial and monitoring of cases of child marriage; (c) formulation of a new Social Technology relative to child marriage, and its inclusion in the Social Technology Agenda; (d) provision of psychosocial, financial, capacity-building and livelihood support services to victim-survivors of child marriage; (e) conduct of awareness campaigns, capacity-building activities, and technical assistance for vital stakeholders; (f) utilization of Social Media and provision of IEC Materials for information dissemination; (g) conduct of consultation with PSA and other agencies on the issue of child marriage; and (h) provision of other services necessary and incidental to the above-mentioned as may be determined by the DSWD.

The Department, as the lead agency, shall assist in the preparation of the implementing guidelines and conduct periodic reporting in the implementation of the Act in accordance with the institutional arrangements of the government departments, agencies, and duty bearers and shall monitor their compliance therewith.

The Department of Health (DOH) shall ensure access to mental, emotional, and physical health services to victim-survivors of child marriage and appropriate health services for their offspring, if any. To this end, the DOH, in coordination with local health systems, and in collaboration with other NGAs and local development partners, shall: (a) provide non-discriminatory, comprehensive, and appropriate sexual and reproductive health care, information, services, and contraceptives for victim-survivors of child marriage; (b) disseminate information to children, parents, legal guardians, household members, community, and school personnel about adolescent health and development and the mental health aspects of reproductive health, including the available health services; (c) coordinate with the local government units, partner organizations, and other concerned stakeholders to enhance the competencies of non-specialists and primary care providers in the community, particularly in providing Psychological First Aid and basic psychosocial services to the victims-survivors of child marriage; (d) integrate and update existing health training modules on topics relating to the risks and effects of child marriage, gender-based violence, violence against women and children and sexual and reproductive health rights; and (e) accelerate sexual health and reproductive rights education and services especially in areas where there is demonstrable evidence of increased and disproportionate risks of child marriage due to but not limited to: (1) natural hazards and human-induced disasters, such as armed conflict; (2) persistent poverty; and (3) high incidence of child marriage, gender-based violence, and violence against women and children.

Towards this end, the DOH and the DSWD and other relevant agencies shall use the National Household Targeting System for Poverty Reduction (NHTS-PR) and other government measures of identifying marginalization to primarily consider the priority needs of women, children, and other underprivileged sectors.

Women, children and other underprivileged sectors and marginalized groups, including Indigenous Peoples' communities, shall be guaranteed access to free sexual and reproductive health care, information, services, and contraceptives in public primary care facilities.

The Commission on Human Rights (CHR) shall (a) conduct promotion and advocacy activities including the production of IEC materials on the Act and the adverse effects of child marriage on children; (b) ensure the participation of children in the development of programs and activities in relation to the Act and monitor government agencies' compliance with the Act's requirements on child participation; (c) provide guidelines and mechanisms that will facilitate access to legal remedies for children who may be involved in child marriages; (d) assist in the filing of cases against individuals, agencies, institutions, or establishments that violate the provisions of the Act; (e) monitor the implementation of the Act through the results of the data gathering and reporting from children, community, CSOs and government agencies; (f) issue policy advisories and recommendations on the matter in accordance with the CHR's mandate as Gender Ombud and mandates of the Child Rights Center; and (g) adopt operational guidelines on the monitoring of the implementation of this Act.

The Council for the Welfare of Children (CWC) shall work closely and support the programs and policies of the DSWD including the crafting of the SBCC plan. In addition thereat, the CWC shall incorporate in its list of programs, activities, or projects ways to assist in the prevention or the eventual elimination of the practice of engaging in child marriages such as creation of programs and/or activities during the National Children's Month and Girl-Child Week Celebration addressing issues pertaining to the prevention of child marriages (e.g. Webinars, Audio visual presentations through its Social Media); distribution and production of updated IEC materials to partner National Government Agencies, Partner Civil Society Organizations, Child Rights Network, Legislators, and the general public; together with PCW, NCMF, NCIP, and DILG, the CWC shall provide capacity building among high-risk local government units' officials, child and youth leaders on the prevention of child marriage; conduct children's consultations consistently with children from all sectors in order to apprise them of the implementation of this Act and gather their inputs and/or recommendations to improve this measure; and continuously assist in the monitoring of the implementation of this Act and propose or recommend, and advocate for possible future amendments to the said Act.

The Department of Education (DepEd) shall (1) integrate into its curriculum complete, accurate and relevant age-and-development-appropriate information on child marriage, respectful of culture and religious convictions, and all subjects on key areas, such as: a) rights of the child, b) child health and nutrition, c) child and adolescent development, d) gender and development, e) age-appropriate sexuality education, f) child marriage and family, and g) recognition and elimination of gender-based violence; (2) institute regular monitoring and reporting on the integration of child marriage in the formal, non-formal, community-based education and indigenous learning systems; and (3) conduct capacity building for both teaching and non-teaching personnel on the issue of child marriage in reference to DepEd's Child Protection Policy.

The Department of the Interior and Local Government (DILG) shall issue Memorandum Circulars,Advisories to City, Municipality, and Provincial Local Government Units enjoining the implementation of the following actions through their respective Social Welfare and Development Officers, in keeping with Section 17(a) and (e) and Section 25(a) of Republic Act No. 7160, otherwise known as the Local Government Code, and the Principles of General Supervision and Local Autonomy under the 1987 Constitution: (a) Devise information education campaigns (IECs) to spread awareness against child marriage; (b) Create a protection protocol for victim-survivors of child marriage and those who will report cases of child marriage, based on the standard guidance and protocols of the DSWD; (c) Facilitate the conduct of regular parenting/counseling sessions relative to the matter of child marriages; (d) Coordinate with Barangay and Local Councils for the Protection of Children, and Violence Against Women and children Desks in handling reports or cases of child marriage; (e) Take reference on the reporting and referral mechanism that will be developed by the DSWD; and (f) Maintain a database for cases of child marriage.

The Department of Justice (DOJ) shall ensure that the penal provisions of the Act are carried out by prosecuting persons accused for violation of the Act; ensure access to justice and legal services to victim-survivors with the Public Attorney's Office (PAO); establish a mechanism for free legal assistance for victim-survivors of child marriage in coordination with the Integrated Bar of the Philippines (IBP), other non-government organizations, and volunteer legal groups; conduct training and continuing education program on investigation and prosecution of child marriage; and review and recommend policies and measures to enhance the protection of victim-survivors of child marriage.

The National Commission on Indigenous Peoples (NCIP) shall ensure that there will be extensive and continuous IECs through its Regional, Provincial, and Community Service Centers. NCIP shall also ensure that the NCIP officials and employees are capacitated so they may conduct IECs to their respective areas of jurisdictions.

The NCIP shall conduct the following activities among others: (a) conduct of IECs during: (1) Ancestral Domain Visitations, (2) Social Preparation during the Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) Formulation, (3) Capacity Building of Indigenous Peoples Mandatory representatives (IPMRs/IP Leaders/Elders or Council of Elders (COELs), (4) Paralegal Trainings, (5) Community Assemblies, IP youth Assemblies, IPMR Assemblies, (6) Orientation of Educational Assistance Program (EAP) Grantees, (7) Healing and Reconciliation Activities, and (8) Gender and Development Activities; (b) dissemination of information through distribution of materials translated in local dialect the ICCs/IPs can understand, posting on conspicuous places within Ancestral Domains/Lands, and posting of materials/infographics in all NCIP Central, Regional, Provincial, and Community Service center, Social Media pages/accounts; (c) Orientation of solemnizing officers; (d) take reference on the reporting and referral mechanism that will be developed by the DSWD; and (e) convince IPMRs to pass a resolution expressing support of the law and/or pass resolution.

The National Commission on Muslim Filipinos (NCMF) shall (1) conduct awareness campaigns nationwide with focus on the following: (a) health hazards of early pregnancy and other risks of child marriage; (b) criminal liability under the Act; (c) legal effects of violation of the Act; (d) role of different agencies in relation to the Act; (e) other activities/programs in furtherance of its mandate to raise awareness on the Act; and (2) take reference on the reporting and referral mechanism that will be developed by the DSWD.

In the discharge of its above-stated responsibilities, the NCMF shall coordinate with the other co-implementing agencies when necessary.

The Philippine Commission on Women (PCW) shall (a) Ensure the inclusion of the issue of child marriage in its advocacy campaigns for the elimination of violence against women and children, such as during the observance of the National Women's Month Celebration, and the 18-Day Campaign to End VAC, among others; (b) Enjoin concerned government agencies to allocate funds using the GAD budget for the conduct of gender and development (GAD) programs, projects, and activities to implement the provisions of the Act and advocate for its inclusion in the annual GAD plans and budgets of agencies as aligned with their respective agency mandates; (c) Provide referral assistance to victim-survivors of child marriage and undertake monitoring of the cases received through the Inter-Agency Council on Violence Against Women and their Children (IACVAWC) Secretariat; and (d) Integrate child marriage concerns in relevant periodic assessment reports prepared by the Commission.

The Supreme Court of the Philippines shall ensure that Family Courts will apply A.M. No. 22-04-06-SC or the Implementing Rules and Regulations (IRR) of the Social Aspects of R.A. No. 8369 to govern relevant proceedings of cases that fall within their exclusive original jurisdiction. As such, the Court Social Workers Officers (CSWO) assigned to Family Courts, may upon order of the court: (a) Coordinate with the first responders, such as but not limited to, law enforcement agents, DSWD/Local Social Welfare and Development Office (LSWDO), physicians, psychiatrists/psychologists, and barangay officials, to prepare the victim-survivor's profile, utilizing the initial information already available to prevent re-traumatization through repetitive questioning and ensure confidentiality in the performance of the services above-mentioned; (b) Recommend the referral of the victim-survivor to the proper agencies or authorities that can provide support services and assistance such as, but not limited to, the Philippine General Hospital, the National Center for Mental Health, DSWD, LSWDO, and LGUs; (c) Conduct case studies, interviews or home visitations and recommend to the Judge the support services or assistance that the victim-survivor needs, such as but not limited to, temporary shelter, medical surgical treatment, psychological and psychiatric evaluation, treatment, counseling and/or therapy, legal assistance, financial and educational assistance, protection and security provisions, skills training, and livelihood development services or conduct of parental assessment capability in cases involving minors; (d) Coordinate the delivery of resources, needed assistance, and special services to the victim-survivor; (e) Provide psychosocial counseling to the victim-survivor and his/her family and assist them in coping with the emotional effects of the crime; and (f) Exercise other necessary relevant functions, duties and responsibilities as may be directed by the Court taking into consideration the best interests of the child and as may be provided by law and/or other relevant rules.

Whenever necessary, the Court may request the assignment of a social worker to perform the above functions, duties and responsibilities of the CSWDO, including but not limited to those under the DSWD or the local government units.

Section 11. Participation of Women, Girls, Youth Organization and Civil Society Organizations. - Pursuant to the SBCC plan, implementing government agencies shall ensure meaningful participation and continuing consultations with women, girls, and youth organizations as well as CSOs whose full and active participation shall be guaranteed in every step and stage of the decision-making process.

Section 12. Appropriations. - The amount necessary to carry out the initial implementation of the Act shall be sourced from the current appropriations of the NGAs. Thereafter, such sums as may be necessary for the continuous implementation of the Act shall be included in the annual General Appropriations Act under the respective budgets of the NGAs.

Section 13. Amendments. - Amendments to this IRR shall be jointly promulgated by the relevant NGAs.

Section 14. Separability Clause. - If any provision or part of this IRR is declared invalid or unconstitutional, the remaining parts or provisions not affected thereby shall remain in full force and effect.

Section 15. Repealing Clause. - All laws, decrees, executive orders, issuances, rules and regulations, or parts thereof inconsistent with the provisions of the Act and this IRR are hereby repealed or modified accordingly.

Section 16. Effectivity. - This IRR shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

APPROVED: December 7, 2022