Dear PAO,
My brother started working for a non-governmental organization a few months ago, and he has been assigned to work in a far-flung area. He said that he has encountered two girls, both minors, who are cohabiting with middle-aged men. He and his workmates are really concerned and wanted to help these girls, but the nature of their work as well as their organization is very different, more for agriculture; so, they have very limited resources. So I tried to research the situation of these girls, and I came across an article about child marriage that mentions a law, RA 11596, which prohibits such a marriage. Since these two girls are not really married but are in a “live-in” relationship, can their respective partners still be held liable? Can a barangay official, social worker, or someone who wants to help these girls file the complaint?
Lee
Dear Lee,
Republic Act (RA) 11596, more commonly known as An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof, is one of the laws passed by our lawmakers intended primarily to protect the rights and dignity of children.
Although the title indicates child marriage, RA 11596 is not only confined to penalizing unlawful marital unions involving children but also informal unions or cohabitation. To be specific, Section 4 of the Implementing Rules and Regulations (IRR) of RA 11596, which was approved on Dec. 7, 2022, provides the following definitions:
“Section 4. Definition of Terms. – For purpose of this Implementing Rules and Regulations, the following terms shall be defined as follows: x x x
“(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; x x x”
Corollary, the respective partners of the two minor girls mentioned in your letter may be held criminally liable even if they are only in an informal or “live-in” relationships. It is expressly provided for under Section 4 (c) of RA 11596:
“Section 4. Unlawful Acts. – The following are declared unlawful and prohibited acts: x x x
“(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 prision 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 be imposed in the Revised Penal Code and other special laws.”
Additionally, any concerned person may initiate the filing of a criminal complaint. This is pursuant to Section 5 of RA 11596, which specifically states:
“Section 5. Public Crimes. – The foregoing unlawful and prohibited acts are deemed public crimes and be initiated by any concerned individual.”
We hope that we were able to answer your queries. 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 [email protected]
