In the Philippines, the strict legal framework surrounding marriage and sexual consent is shaped by various laws, government policies, and historical contexts.
By breaking down these issues an Australian sponsor can traverse knowing exactly where they stand when ‘developing a genuine relationship with their Filipino partners (male of female)’ so that a genuine partner visa application can properly be assessed and favorably considered by the Department of Home Affairs in Australia.
1. Legal Marriage Age
The current legal age for marriage in the Philippines is set by Republic Act No. 10655 (signed into law in 2015), which amends Article 5 of the Family Code of the Philippines. This law states that:
- Legal Age for Marriage: The minimum legal age for marriage is 18 years old.
- Parental Consent: If either party is between 18 and 21 years old, they need to obtain the consent of their parents or legal guardians.
- Parental Advice: For individuals aged 22 to 25 years, while no formal parental consent is required, they are required to provide evidence of parental advice.
- Court Approval for Minors: If a person is under 18, they cannot marry unless there is a special dispensation from the court (though such cases are very rare).
Historical Context:
- The minimum age for marriage in the Philippines was historically 16 years for women and 18 years for men under the Civil Code of the Philippines (Republic Act No. 386), but in 1987, the Family Code was implemented, and it set a standard age of 18 for both sexes, aligning with international norms regarding adulthood and marriage rights.
Relevant Laws & Policies:
- Republic Act No. 10655 (2015) – Legal Age for Marriage.
- Family Code of the Philippines (1987) – This law is central to the regulation of marriage and family relations in the country.
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2. Age of Sexual Consent
As of now, the age of sexual consent in the Philippines is set at 16 years old, as per Republic Act No. 11648 (signed into law in March 2022). Prior to this change, the age of sexual consent was 12 years old, one of the lowest in the world, under the Revised Penal Code.
Historical Context:
- The law on sexual consent has evolved significantly. Until the passage of Republic Act No. 11648, the Philippines had one of the lowest ages of consent globally.
- Advocacy groups, especially those focusing on children’s rights, pressed for raising the age of consent, citing the importance of protecting minors from sexual exploitation.
- Republic Act No. 11648 finally raised the age of consent to 16, aligning with most international standards for the protection of minors.
Key Legal Provision:
- Republic Act No. 11648 (2022) – Raises the age of sexual consent from 12 to 16 years old.
Links:
3. Other Relevant Laws and Considerations
- Anti-Child Pornography Act (Republic Act No. 9775): This law criminalizes the production, distribution, and consumption of child pornography and sets penalties for offenders, including the sexual exploitation of minors.
- Special Protection of Children Against Abuse, Exploitation, and Discrimination Act (Republic Act No. 7610): This act provides protection against abuse, exploitation, and discrimination, which includes provisions related to child sexual abuse.
Summary
- Marriage Age: The legal marriage age is 18. Minors between 18 and 21 require parental consent; those 22-25 need parental advice. Special court approval is required for those under 18.
- Age of Sexual Consent: The age of sexual consent is 16, following the passage of Republic Act No. 11648 in 2022.
Both the minimum marriage age and age of consent have been influenced by evolving Filipino societal views on childhood protection and gender equality.
RESPALL Migration Australia ensure that when Filipino visa applicants and their Australian sponsor are embarking on a relationship, ‘they see as being long-term’, they stay within the parameters of legal and regulatory boundaries both in the Philippines and Australia, to ensure they lodge a VALID, GENUINE and CONTINUOUS permanent Partner Visa Application from the Philippines to Australia.
LOG-ON NOW and have yourselves accurately and professionally assessed and ‘acquire your particular prospect of success in writing’, in securing your permanent partner visa application from the Philippines to Australia.
