AGAINST: RELIGION

Canon 1083 provides that a man before he has completed his sixteenth year of age and a woman
before she has completed her fourteenth year of age cannot enter into a valid marriage.1
However, the second provision provides that the episcopal conference is free to establish a higher
age for the licit celebration of the marriage.
In the Philippines, the CBCP has provided the minimum age requirement for marriage for
licitude as 18 years of age for both woman and man. Although dispensation from the required
age can be sought from the local Ordinary, it is however strongly discouraged to do it for reasons
that marriage has serious consequences and entails grave responsibilities. 2
The present Family Code of the Philippines states the minors below the age of 18 (both woman
and man) cannot legally marry even with parental consent.3 Further, those between the ages of 18
and 21 need parental consent. Their marriage is voidable and may be annulled if the required
consent is lacking.4 While those between ages 21 to 25 require parental advice.
Also, according to the Catechism of the Catholic Church, The matrimonial covenant, by which
a man and a woman establish between themselves a partnership of the whole of life, is by its
nature ordered toward the good of the spouses and the procreation and education of
offspring; this covenant between baptized persons has been raised by Christ the Lord to the
dignity of a sacrament. 5
I.

The matrimonial covenant, by which a man and a woman establish between

themselves a partnership of the whole of life
As a partnership of the whole life, it emphasizes the unity and indissolubility of the
marriage

Catechism of the Catholic Church (CCC) 1614 In his preaching, Jesus unequivocally
taught the original meaning of the union of man and woman as the Creator willed it from the
beginning permission given by Moses to divorce ones wife was a concession to the hardness of

Code of Canon Law, 1983, Canon 1083 1

Rev. Fr. Msgr. Joselito C. Asis JCD, The Sacrament of Marriage 22 (2010).

Family Code of the Philippines [FAMILY CODE] art. 35 1 (1988).

Id. Art. 45 1

Rev. Fr. Msgr. Joselito C. Asis JCD, supra note 2, at 7

hearts.1 The matrimonial union of man and woman is indissoluble: God himself has
determined it what therefore God has joined together, let no man put asunder. 6

CCC 1640 Thus the marriage bond has been established by God himself in such a way
that a marriage concluded and consummated between baptized persons can never be
dissolved. This bond, which results from the free human act of the spouses and their
consummation of the marriage, is a reality, henceforth irrevocable, and gives rise to a covenant
guaranteed by Gods fidelity. The Church does not have the power to contravene this disposition
of divine wisdom.7
CCC 1644 The love of the spouses requires, of its very nature, the unity and
indissolubility of the spouses' community of persons, which embraces their entire life: so they
are no longer two, but one flesh. They are called to grow continually in their communion
through day-to-day fidelity to their marriage promise of total mutual self-giving. This human
communion is confirmed, purified, and completed by communion in Jesus Christ, given through
the sacrament of Matrimony. It is deepened by lives of the common faith and by the Eucharist
received together. 8
However, different data does not support said definition of marriage as insoluble and a
partnership of the whole life because of early marriages. Data from surveys across various
European countries of the Gender and Generations Programme show that early marriages have
the highest probability of divorce. 9

Catechism of the Catholic Church, available at

http://www.vatican.va/archive/ENG0015/__P51.HTM (last accessed October 19, 2016)

Catechism of the Catholic Church, available at

http://www.vatican.va/archive/ENG0015/__P54.HTM (last accessed October 19, 2016)

Id.

Jaap Dronkers, An Optimal Age to Marry? Age at Marriage and Divorce Risk in Europe and
the US, available at http://family-studies.org/an-optimal-age-to-marry-age-at-marriage-and-
divorce-risk-in-europe-and-the-us/ (last accessed October 19, 2016)

Aside from the insolubility and unity, as a partnership and a special contract, consent must be
freely given by the contracting parties.
Canon 1096 provides that for matrimonial consent to exist, the contracting parties must
be at least not ignorant that marriage is a permanent partnership between a man and a woman
ordered to the procreation of offspring by means of some sexual cooperation. 10
Mental capability and preparedness is very important in marriage, especially since it
involves raising your own family, the archbishop explained in an interview after the BishopsLegislators Caucus. 11
Marriage is never a simple relationship that everyone could just go into. It entails many
responsibilities that require physical, emotional and spiritual preparedness, Cruz, former CBCP
president, further said. 12

10

Supra note 1, Canon 1096

11

Edu Punay, Bishop Bats for Older Marrying Age, January 26, 2008.

12

Id.

The prelate likewise believes that the adjustment in marrying age under the law could be
the key to preventing dissolution of unions and families, which he lamented is becoming more
common in the country. 13
With that being said, it is a well-settled rule that the contracting parties must be
knowledgeable enough to freely give their consent.. The contracting parties must have
knowledge of the consequences and obligations of entering into a marriage. The question here is
as to what age can a person give a knowledgeable consent.
The Revised Public Code (RPC) recognizes that minors below 18 years of age not
responsible for their acts because they may not have acted with discernment. Discernment means
the capacity of the child at the time of the commission of the offense to understand the
differences between right and wrong and the consequences of the wrongful act. (4J, A.M. No.
01-1-18-SC, Revised Rule on Children in Conflict with the Law)
Moreover, Republic Act No. 9344 (Juvenile Justice and Welfare Act of 2006) provides
that the life of the human being is divided into four periods:
A. The age of absolute irresponsibility - 15 years and below
B. The age of conditional irresponsibility - 15 years and 1 day to 18 years
C. The age of full responsibility - 18 years or over to 70
D. The age of mitigated responsibility - 15 years and 1 day to 18 years, the offender
acting with discernment; over 70 years of age.
Under the Family Code, it follows the age of majority. The marrying age is 18 years old.
It seems that following the age of 18 is in consonant not only with the local laws, as well as the
international laws which is binding in the Philippines.
Also, the national legislation of the countries in the Middle East and North Africa is
generally lacking in terms of the protection of the right to consent to marriage. However, since
religious authorities are often more highly regarded and respected than legal instruments, they
are in a position to use their power of influence with reference to verse 4:019 in the Koraan. 'O
ye who believe! Ye are forbidden to inherit women against their will.' 14
Nearly all research reviewed for this report identifies religion and cultural tradition as a
determining factor in the persistence of child marriage in Africa. In addition, socio-economic
circumstances such as poverty and gender discrimination are often cited as leading causes: it
drives poor parents to regard children particularly girls as economic burdens, school fees as
unaffordable and girls as a potential source of dowry income. Other key factors include limited
13

Id.

14

Gender and Development, 10 TRAFFICKING AND SLAVERY, 40, 49 (Mar., 2002)

education and insecurity in the face of conflict. Religious justification for child marriage can be
found in countries throughout Africa. No one religion alone is associated with the practice.
We will not find a uniform idea of religions around the world disagreeing with the
practice of underage or child marriage. But the catholic church especially in the Philippines takes
such care of marriage that the law, in concurrence with the church requires that the minimum age
for legal capacity to marry is 18 years old. The church acknowledges the legal mandate of that
minimum age due to the defects in maturity and capability for support that is likewise mandated
in the family code. Marriage, in Philippine law and the roman catholic church both agree upon
the importance of marriage that they would not risk allowing marriages to be legalized at
younger ages due to the possible emotional and biological problems the contracting parties may
incur due to the same.
Lastly, we also have read passages in the Canon which support that below the ages of 18
are of feeble mind and thus are not knowledgeable enough to know the consequences of
marriage.
Canon 1550 1 Minors under the age of fourteen years and those who are of feeble mind
are not admitted to give evidence. They can, however, be heard if the judge declares by a decree
that it would be appropriate to do so.
Canon 1478 1 Minors and those who lack the use of reason can stand before the court
only through their parents, guardians or curators.

II. Is by its nature ordered toward the good of the spouses and the procreation and
education of offspring
The minimum age of marriage should NOT be lowered, on the grounds of it not being for
the good of the spouses. A marriage is by nature for the good of the spouses in it, and
early marriages cause situations contrary to that good.
Can. 1055 1. The matrimonial covenant, by which a man and a woman establish
between themselves a partnership of the whole of life and which is ordered by its nature to the
good of the spouses and the procreation and education of offspring, has been raised by Christ
the Lord to the dignity of a sacrament between the baptized.

SECTION 12. The natural and primary right and duty of parents in the rearing of the
youth for civic efficiency and the development of moral character shall receive the support of the
Government. 15
Canon 1136 Parents have the most grave obligation and the primary right to do all in their
power to ensure their childrens physical, social, cultural, moral and religious upbringing.
Article 1: A child means every human being below the age of eighteen years unless,
under the law applicable to the child, majority is attained earlier. 16
By its very nature the institution of marriage and married love is ordered to the
procreation and education of the offspring and it is in them that it finds its crowning glory (GS
48 # 1; 50). It is a constant teaching of the Catholic Church that the procreation and education of
offspring
is
an
essential
end
of
marriage.
Parents have both the obligation and the right to see to the physical, social, cultural,
moral and religious education of their children.17 This education is to take place in a family
atmosphere so animated with love and reverence for God and others that a well-rounded
personal and social. 18
Child marriage is also linked to a high degree of wife abandonment, which leaves girls in
a vulnerable situation. This case is particularly relevant for short term/short contract marriages.
The study that was conducted by the Egyptian Ministry of Social Affairs revealed that of the 35
women interviewed, 67 per cent had subsequently divorced. None of these women received any
of the financial assistance to which they were entitled by the Koraan. Verse 002:241 assures that
'For divorced women maintenance [should be provided] on a reasonable [scale].' 19
Parents have the primary duty of rearing their children. When such children are allowed
to get married, not only are they hindered by their financial incapacity to raise their children,
they too are not adequately prepared to face such role since they themselves are still children
needing nurturing.
A 1997 study among women in Calcutta found that half had been married at or below the
age of 15, and that this group were highly vulnerable to sexual violence in marriage. In 80 per
15

PHIL. CONST. art. II, 12

16

Convention on the Rights of the Child

17

Supra note 1, Canon 1136

18

Rev. Fr. Msgr. Joselito C. Asis JCD, supra note 2, at 10

19

Gender and Development, supra note 14, at 44

cent of cases where these young wives informed their husbands of their unwillingness to endure
sexual violence, they were ignored.
The risks of early pregnancy and childbirth are well documented: increased risk of dying,
increased risk of premature labour, complications during delivery, low birth-weight, and a higher
chance that the newborn will not survive.108 Pregnancy-related deaths are the leading cause of
mortality for 15-19 year-old girls (married and unmarried) worldwide. Mothers in this age group
face a 20 to 200 per cent greater chance of dying in pregnancy than women aged 20 to 24. Those
under age 15 are five times as likely to die as women in their twenties.109 The main causes are
haemorrhage, sepsis, preeclampsia/eclampsia and obstructed labour. 20
Early marriage also displays a correlation with incidents of domestic violence. In
UNICEFs study, it was found that experiences of domestic violence were more prevalent with
women who married by the age of 18. This was the case in all the countries involved in the study.
21

In the same study, it was also found that:

20

UNICEF, Early Marriage: Child Spouses, 7 Innocenti Digesti,1, 7 (2001)

21

UNICEF, Early Marriage: A Harmful Traditional Practice, 22 (2005)

women who were married as children are more likely than those who married as adults
to believe that a man might be justified in beating his wife. 22

III. This covenant between baptized persons has been raised by Christ the Lord to the
dignity of a sacrament.
Culture and religion also play a role. In some cases, parents believe marrying off their
daughters at a young age will protect them from the dishonour of becoming pregnant or sexually
active outside wedlock.23
Said practice is in contradiction to the essence of the dignity of the sacrament.
In countries where there are conflicts, child marriages sometimes take the form of a
combination of child prostitution and pure slavery. In Algeria, Sudan, and Chad, young women
have been abducted by militias or gangsters and are subjected to sexual abuse and violence in
what the kidnappers call 'temporary marriages'. In fact, this is a form of slavery in which the girls
have no rights whatsoever. However, these acts are also condemned by the Koraan which states
in verse 24: 033: '... and if any of you slaves ask for a deed in writing [to enable them to earn

22

Id.

23

Agenda: Empowering Women for Gender Equity, 76 FAMILY POLITICS 1, 123, (2008)

their freedom for a certain sum] give them such a deed if ye know any good in them... but force
not your maids to prostitution when they desire chastity...'. 24
Historically, individuals were allowed to enter into a marriage contract at a very young
age. In Ancient Rome, the appropriate minimum age was regarded as 14 for males and 12 for
females. When Rome became Christianized, these age minimums were adopted into the
ecclesiastical law of the Catholic Church. This canon law governed most marriages in Western
Europe until the Reformation. When England broke away from the Catholic Church, the
Anglican Church carried with it the same minimum age requirements for the prospective bride
and groom. The minimum age requirements of 12 and 14 were eventually written into English
civil law. By default, these provisions became the minimum marriage ages in colonial America.
These common laws inherited from the British remained in force in America unless a specific
state law was enacted to replace them.
Both early teen marriage and dropping out of high school have historically been
associated with a variety of negative outcomes, including higher poverty rates throughout life.
Are these negative outcomes due to preexisting differences, or do they represent the causal effect
of marriage and schooling choices? To better understand the true personal and societal
consequences, in this article, I use an instrumental variables (IV) approach that takes advantage
of variation in state laws regulating the age at which individuals are allowed to marry, drop out
of school, and begin work. The baseline IV estimate indicates that a woman who marries young
is 31 percentage points more likely to live in poverty when she is older. Similarly, a woman who
drops out of school is 11 percentage points more likely to be poor. The results are robust to a
variety of alternative specifications and estimation methods, including limited information
maximum likelihood (LIML) estimation and a control function approach. While grouped
ordinary least squares (OLS) estimates for the early teen marriage variable are also large, OLS
estimates based on individual-level data are small, consistent with a large amount of
measurement error.
While Roman, Catholic, English, and early American law may have allowed marriage at
12 for girls and 14 for boys, many questioned the advisability of such early unions. Researchers
and policymakers around the turn of the twentieth century recognized that teens may be
especially ill-prepared to assume the familial responsibilities and financial pressures associated
with marriage.1 As a result of the changing economic and social landscape of the United States,
in the latter part of the nineteenth century and throughout the twentieth century, individual states
began to slowly raise the minimum legal age at which individuals were allowed to marry. In the
United States, as in most developed countries, age restrictions have been revised upward so that
they are now between 15 and 21 years of age.

24

Gender and Development, supra note 14, at 45

Proportion of Women Marrying Young and Womens Median Age at First Marriage
Notes: Data on the fraction of teenage marriages are from the authors tabulations of U.S. census
data. All other data series are from various tables in Carter et al. (2006). 25 Vertical lines denote
the time period analyzed in this article (19351969).

25

Carter SB, Gartner SS, Haines MR, Olmstead AL, Sutch R, Wright G, editors. Historical
Statistics of the United States, Millennial Edition. New York, Cambridge University Press
(2006).