Live-in partner of a minor may be held criminally liable

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