Here’s a thorough, practitioner-style explainer on Child Marriage Ban – Penalties for Marriage to a Minor in the Philippines. It’s written for families, social workers, prosecutors/defenders, LGUs, and clerics/solemnizing officers. General information only—not legal advice.

Snapshot (TL;DR)

All child marriages are prohibited in the Philippines—whatever the rite, custom, or religion. A “child” = below 18.
A marriage where either party is under 18 is void from the start (void ab initio) under the Family Code; no “annulment” needed (but you often still file a petition for declaration of nullity to fix records).
A 2021 special law (the child-marriage ban) criminalizes:
1. Causing, fixing, or arranging a child marriage;
2. Solemnizing a child marriage; and
3. Cohabiting in an informal union or entering into any marriage-like arrangement with a child.
Victims/children incur no criminal liability. The law is status- and culture-neutral: customary and religious unions with a child are still crimes.
Penalties are stiff: imprisonment and fines (commonly in the mid-level felony range), with higher penalties and professional disqualifications for parents/guardians, ascendants, and solemnizing officers.
Protective measures run through DSWD/NACC, LGUs, and the courts (e.g., rescues, temporary shelter, case management, protection orders, school reintegration).

Because this is a criminal statute, exact penalty bands, modifiers, and fines matter; they are stringent, and aggravating when the offender is a parent/guardian/ascendant or a religious/civil officer. If you’re about to file or defend a case, read the statute’s penalty tables verbatim.

Legal Architecture

1) Family Code baseline (civil law)

Capacity to marry requires that both parties are at least 18.
A marriage involving a person below 18 is void ab initio—no ratification by consent or time can cure it.
Practical effect: you may seek a judicial declaration of nullity to annotate civil registry records (PSA), settle custody, property, and support.

2) Special penal law banning child marriage (criminal law)

Core concepts typically defined by the statute:

Child marriage: any formal or informal union where one party is a child.
Causing/fixing/arranging: recruiting, coercing, inducing, or facilitating a child’s marriage/union (includes parents, guardians, relatives, brokers/matchmakers, and anyone who knowingly aids the act).
Solemnizing: officiating or participating as a religious or civil officer (including issuing certificates or performing rites) in a child marriage.
Cohabitation/union with a child: an adult living with or holding out a child partner in a marriage-like relationship, even without civil registration.

Key policy points

The law targets adults and facilitators, not children.
Custom, tradition, or religion is not a defense.
Attempt and conspiracy provisions usually apply; repeat offenders face heavier penalties.

Penal Exposure (who can be charged and for what)

Children are not punished. Liability attaches to adults who arrange/solemnize/enter into the union and to enablers who knowingly assist.

A. Adult “spouse” / partner of the child

Crime: Entering into a marriage (formal or informal) or cohabiting in a marriage-like union with a child.
Usual penalty: imprisonment (felony level) plus fine, higher for repeat offenses or when violence, threats, or deceit are present.
Related charges may stack: statutory rape/sexual abuse (depending on conduct and age), child abuse under RA 7610, trafficking if there is recruitment/conditioning for exploitation.

B. Parents / guardians / ascendants / persons exercising authority

Crime: Causing, fixing, arranging, facilitating a child marriage (including giving consent, offering a child for marriage, paying/receiving bride price, transporting the child for the union).
Penalty: harsher imprisonment and fine than ordinary facilitators; disqualification from guardianship/authority may follow upon conviction.

C. Brokers, go-betweens, financiers, and any person who knowingly facilitates

Crime: Fixing or arranging the child marriage; providing consideration (cash or in kind) to make it happen; logistics (documents, travel).
Penalty: imprisonment + fine; higher for repeaters, syndicated activity, or where coercion is used.

D. Solemnizing officers (civil or religious), and public officers who process or issue marriage documents for a child

Crime: Solemnization or issuance/processing of documents knowing a party is a minor (or being grossly negligent about age).
Penalty: imprisonment + fine and perpetual or long-term disqualification from office and from acting as a solemnizing officer; administrative sanctions can be in addition to criminal penalties.

Important: Many cases also invoke RA 7610 (Special Protection of Children), the Anti-Trafficking law, or relevant penal code offenses—which can raise penalties dramatically and enable protective custody.

Defenses & Doctrinal Notes

Victim status of the child: absolute. No estoppel from the child’s “consent”; minors legally cannot consent to marriage.
Mistake of age: limited. An adult’s claim of “good-faith mistake” is often unavailing, especially for solemnizing officers and facilitators who have a duty to verify age/identity.
Cultural or religious practice: not a defense. The statute is explicit that custom does not justify child marriage.
Void civil status = separate from crime: that a marriage is void does not negate criminal liability for attempting or consummating the prohibited acts.

Procedure & Case Building (for complainants and prosecutors)

Immediate safety & services
- Coordinate with DSWD / LGU social welfare for rescue, temporary shelter, psychosocial support, and possible in camera interviews.
- Consider Barangay/temporary protection orders (if intimate partner violence overlaps).
Evidence pack
- Age proof: PSA birth certificate; school records; medical assessment if documents are missing.
- Union proof: photos, chats, affidavits, barangay or religious certifications, travel logs, gifts/consideration records, hotel receipts, social media.
- Facilitation trail: messages with parents/relatives/brokers; money transfers; travel/ID procurement; officiant’s entries or parish/municipal logbooks.
- Harm/abuse indicators: medico-legal reports; counseling notes; threats/coercion messages.
Charging theory
- Charge the specific child-marriage offense, and—where facts fit—RA 7610, trafficking, rape/sexual abuse, falsification, or use of falsified documents.
- For solemnizing/public officers: include administrative complaints with the proper office (e.g., Civil Registrar General, CSC/OMB, religious hierarchy).
Victim-sensitive handling
- Use child-friendly procedures under the Rule on Examination of a Child Witness; prefer video-link testimony where available; minimize re-traumatization.

Remedies for the Child (and the non-offending parent/guardian)

Civil:
- Declaration of nullity of the “marriage” and annotation in PSA records.
- Custody determinations; support; damages against offenders (actual, moral, exemplary; attorney’s fees).
Protection:
- Temporary and permanent protection orders (when IPV/abuse is present).
- Stay-away orders, school transfer/continuity, safehouse placement.
Administrative & social services:
- Case management (DSWD), educational reintegration, healthcare, psychosocial and economic assistance, and witness protection where warranted.

Duties & Exposure of Gatekeepers

A. Clergy and religious workers

Verify age rigorously; when in doubt, decline and report.
Officiating a child marriage risks criminal liability and religious/administrative discipline; good faith is not a shield if due diligence is absent.

B. Local Civil Registrars & municipal personnel

Must screen documentary age and consent; processing papers for a minor (or turning a blind eye) can trigger criminal and administrative sanctions.

C. Educators, health workers, barangay officials

Mandatory reporting ethos applies: if you know or reasonably suspect a child marriage, elevate to MSWDO/DSWD and law enforcement. Failure to act can create administrative or civil exposure, especially if harm follows.

Intersections with Other Laws

RA 7610 (Child Abuse): child marriages typically involve exploitation or abuse, enabling heavier penalties and immediate protective custody.
Anti-Trafficking in Persons Act: if there is recruitment/transport/receipt of a child for exploitation (including forced marriage), trafficking charges may attach.
Amended Age of Sexual Consent (RA 11648): sexual activity with children has separate criminal exposure; child marriage doesn’t grant immunity.
Data Privacy & Evidence: handle child’s records with confidentiality; secure court orders for sensitive disclosures.

Civil Status & Records: Cleaning Up

File for declaration of nullity (if a certificate exists) in the RTC to annotate PSA records.
Seek protective orders and support orders within the case where needed.
If documents were falsified (e.g., “aged-up” birth certificate), coordinate with PSA and prosecutors to cancel/rectify records and charge falsifiers.

Compliance Playbooks

For LGUs / MSWDOs

Adopt screening protocols for marriage applicants; flag “at-risk” applications.
Maintain rapid-response ties with PNP/WCPD and DSWD for rescues.
Run community education: the ban applies regardless of custom; emphasize criminality of facilitation.

For faith communities

Publish minimum documentary requirements and no-minor policy; train clergy to spot coercion and fake IDs; set hotlines for suspicious requests.

For schools & clinics

Train staff to recognize “sudden spouse” scenarios; establish confidential referral lanes to MSWDO/DSWD.

Practical FAQs

Is the marriage valid if parents consented? No. Under-18 = void, parental consent is irrelevant and facilitating parents can be criminally liable.

What if both parties are minors? The “marriage” is void. Children are not criminally liable; adults who arranged/solemnized can be charged.

What if the union happened abroad? If either is a Filipino child or the acts/effects occur here, prosecutors can often proceed under territorial or nationality-based jurisdiction (fact-sensitive—get counsel).

Can culture/custom justify a child marriage? No. The ban explicitly overrides cultural or religious practices.

Do we need an “annulment”? No. It’s nullity, not annulment—but you generally file in court to annotate records and settle custody/support.

Counsel’s Checklist (Charge-Ready Packet)

✅ PSA birth certificate / age proof
✅ Evidence of union/cohabitation/ceremony (photos, posts, chats, receipts)
✅ Proof of facilitation (money flows, travel, messages; identities of brokers)
✅ Identity and role of solemnizing officer / registrar paperwork
✅ Harm or exploitation indicators (medical, psychosocial, threats)
✅ DSWD intake / safety plan; child-friendly interview prep
✅ Draft Information with special-law counts + RA 7610/trafficking/rape where supported
✅ Motions for in camera testimony and protection orders

Bottom line

Zero tolerance: child marriage is void and criminal, with enhanced penalties for parents/guardians and officers who enable it.
The right playbook is protect first, prosecute second, and clean the records third—all while safeguarding the child’s privacy and future.
If you’re confronting a live situation, loop in DSWD/MSWDO + WCPD/NBI at once, then build your case methodically with age proof, union proof, facilitation trail, and victim services.

If you share your scenario (ages, dates, roles, documents involved), I can draft tailored affidavits, a preservation-and-rescue plan, and charge theory that fits your facts.