PRO
CONSTI 1. Constitutionally, Legislature is tasked
to define all legal aspects of marriage
and prescribe the strategy and the
modalities to protect it based on the
socio-political influences it deems
proper and subject to adherence the
Constitution and the Bill of Rights.
Therefore, the legislature can lower
the minimum age requirement for
marriage.
Cite: Antonio v. Reyes, G.R. No.
155800, March 10, 2006.
2. Through the Doctrine of
Incorporation under sec. 2, Art. 2 of
the 1987 Constitution, the State
accepts the general accepted
principle of international law, thus,
as the Philippine is a signatory of
Convention on Consent to Marriage,
Minimum Age for Marriage, and
Registration of Marriages and
Convention on the Rights of the
Child, it can lower the age marrying
age. International law recognizes
the capacity of the State to
determine the age of marriage.
o Article 2 -States Parties to
the present Convention shall
take legislative action to
specify a minimum age for
marriage. No marriage shall
be legally entered into by
any person under this age,
except where a competent
authority has granted a
dispensation as to age, for
serious reasons, in the
interest of the intending
spouses.
The treaty requires
the parties to
establish a
minimum age by
law
o treaty agreed upon in
the United Nations on the
standards of marriage
o The Philippines is one of the
signatories of this treaty
Source:
http://www.ohchr.
org/EN/Profession
alInterest/Pages/M
inimumAgeForMarr
iage.aspx
CON
1. Lowering the marrying age goes against the
obligation the state to protect the family.
Child marriages have devastating effects on
children, and it is the duty of the State to defend
the children, as a clear mandate of the
Constitution, therefore shall not lower the
marrying age
According to a study, most countries that imposed
a marrying age of 18 has 40% less of child
marriage.
Source:
http://www.girlsnotbrides.org/themes/health/
2. Lowering the marrying age violates treaties and
convention that governments around the world
are bound by
o Convention on the Rights of the Child
o Lowering to 16 and 14 but those lower
than 18 are still considered minor= thus
inconsistent with the convention as it
recognizes those under 18 are children
o CEDAW
CEDAW- Convention on the Elimination of
All Forms of Discrimination Against Women
o Art.16(2)-the betrothal and the
marriage of a child shall have mo legal
effect, and all necessary action,
including legislation, shall be taken to
specify a minimum age for marriage
and to make the registration of
marriages in an official registry
compulsory
calls for an end to all forms of gender-
based discrimination, including
against girls, and defines all forms of
violence against women (and girls) as
a form of discrimination. Its
underlying philosophy is that
discrimination against women
violates the principles of equality of
rights and respect for human dignity9
and constitutes an obstacle to the full
realization of women's potential.
o Source:
http://srsg.violenceagainstchildren.org/sit
es/default/files/publications_final/SRSG_Pl
an_harmful_practices_report_final.pdf
There must be a standard on marriage
and family law to equality standards
and preserves a voice for women in the
establishment and interpretation of
cultural policies
 3. Generally, most countries adopts the
marrying age as 16 for men and 14 for
women.
4. Equal protection People v. Cayat
5. The imposition of a higher marrying age
violates the right the family
Medical 1. Physically there is no hindrance on
marriage between 16(M) and 14(F)
2.
Civil Law/ 1. According to PSA, 1 out of 10 young
Family law Filipino women ages 15-19 yrs. has
begun child bearing, therefore more
reason to impose a lowered marrying
age to protect the interest of children
born out of wedlock
2. Art. 70 of the Family, the spouses are
jointly responsible for the support of
the family, and s
ARGUMENTS
1. The marrying age should not be lowered because
study shows that the adolescence behavioural
immaturity mirrors the anatomical immaturity of
their brains therefore adolescent children are
deemed not prepared to the marital obligation
2. According to Unicef, 2% rate of child marriage by
15 years old in PH therefore there is no reason to
lower the marrying age.
3. Since procreation is one of the objective of
marriage, therefore allowing 16(M) and 14(F) to
procreate at the age wherein their body are still
developing would and therefore not ready for
procreation; hence they are at risk especially the
health of young women.
No 2 Complications in pregnancy and
childbirth are consistently among the
leading causes of death in girls aged 15-
19 in low- and middle-income countries
(source:
http://www.girlsnotbrides.org/themes/h
ealth/)
1. The prohibition on marriage of person age lower than 18
in the current Family Code
18 and over, but under 21- lacks maturity and
comprehension to the consequence and serious
responsibilities of marital relation;
- Also, there is the probability of stormy , troublesome, ill-
advised marriage= hence annullable
o In Re: Barbara- BASED ON EXPERIENCE