TITLE: SAME-SEX MARRIAGE IN THE PHILIPPINES

I. Overview

According to the 2013 research of the Public Radio International, an American public

radio organization, the Philippines ranked as number 10 in the 20 most gay-friendly countries

in the world. Surprisingly, the United States of America is not included given that 37 out of its

50 states allow same-sex marriage. This fact is noteworthy considering that some of the

Philippine laws such as the Civil Code was based from the laws in the United States and several

American jurisprudences were also used by the Supreme Court in their rulings.

Pew Research Center, an American study group, noted that there is a growing number

of governments which consider granting legal recognition to same-sex marriage in the world.

As of 2018, same-sex marriage is already performed and recognized by law (nationwide or in

some jurisdictions) in countries such as Argentina, Australia, Belgium, Brazil, Canada,

Colombia, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta,

Mexico, the Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, the

United Kingdom, the United States, and Uruguay. Most of these countries are from Europe,

North America and South America.

In Asia, Israel and Armenia recognize same-sex marriages validly performed abroad.

Israel recognizes unregistered cohabitation for same-sex couples. Several cities in Japan,

Taiwan and Cambodia provide same-sex couples with some limited rights and benefits,

including hospital visitation rights. In Hong Kong, the same-sex partners of residents can

receive spousal visas. The most recent development is in Taiwan, becoming the very first
nation in Asia to legalize same sex marriage, following a Constitutional Court

ruling, legalizing same-sex marriage by May 24, 2019 according to the Los Angeles Times.

This is a sad reality in one of the most LGBT-friendly country in the world where

neither same-sex marriage nor civil union for same-sex couples are not recognized by law.

II. Introduction

The observance of basic human rights is more than just a mandate from international

human rights advocates. It is considered a recognized right protected by none other than the

Constitution itself. This is outlined in Article III, otherwise known as the Bill of Rights which

provides:

Section 1. No person shall be deprived of life, liberty, or property without due process of

law, nor shall any person be denied the equal protection of the laws.

Article 13 of the Constitution also mandates Congress to give priority to the enactment

of legislations to promote and protect human rights and dignity as well as the creation of the

Commission on Human Rights, an independent constitutional commission which enjoys fiscal

autonomy from the three branches of the government.

It is also notable that the Philippines is a signatory of many international human rights

conventions such as the International Convention on Civil and Political Rights, Universal

Declaration of Human Rights, and the Convention on the Elimination of All Forms of

Discrimination Against Women.

Laws in the Philippines put emphasis on the sanctity of marriage as the foundation of

the family, the basic unit of society as can be found in the 1987 Philippine Constitution which
describes marriage as an inviolable social institution, is the foundation of the family and

shall be protected by the State.

This constitutional definition is further expounded by Article 52a of the Civil Code,

which defines marriage as not a mere contract but an inviolable social institution. Its

nature, consequences and incidents are governed by law and not subject to stipulation,

except that the marriage settlements may to a certain extent fix the property relations

during the marriage.

However, when the Family Code of the Philippines took effect in August 3, 1988, it

repealed the Civil Code’s definition of marriage, repealing it with a definition in Article 1,

which provides that marriage is a special contract of permanent union between a man

and a woman entered into in accordance with law for the establishment of conjugal and

family life. It is the foundation of the family and an inviolable social institution whose

nature, consequences, and incidents are governed by law and not subject to stipulation,

except that marriage settlements may fix the property relations during the marriage

within the limits provided by this Code. As one of the essential requisites of marriage in the

Family Code, it is explicitly provided that marriage can only be performed with a man and a

woman as its contracting parties.

Although there is no law which prohibits the legalization of same-sex marriage in the

Philippines, there is still a need for the legislature to enact a law redefining, and changing the

parties who may contract marriage. This has been the clamor of the members of the Lesbian,

Gay, Bisexual, Transgender (LGBT) community, who have been fighting for equality of

rights. Our legislators’ support for same-sex marriage can be traced almost two decades ago

when former House Representative Etta Rosales from the Akbayan party-list filed a House
Bill for the legalization of same-sex marriage during the 12th Session of Congress which was

subsequently re-filed in the succeeding session. Representative Rosales filed it again for the

third time as House Bill 634 in May 10, 2005. The senate version of this bill was filed by

Senators Bong Revilla and Miriam Defensor-Santiago in 2004 but later ended up in limbo. In

2016, a counterpart measure was sponsored by Senator Risa Hontiveros but it only also

reached as far as first reading.

III. Statement of the Problem

Given the statutory limitation imposed by the Family Code for parties contracting

marriage, same-sex couples are not recognized and given the same rights and privileges as

same sex couples. This prompted the researcher to delve into the legality and Constitutionality

aspect of same-sex marriage by examining applicable provisions and jurisprudence. At the

end of the study, the following question shall be answered:

Should same-sex marriage be legalized in the Philippines?

IV. Objective or Significance of the Study

There are only few studies regarding the subject matter of same-sex marriage in the

Philippines. Although this topic has been a topic of countless debates, there are only very

limited legal research on this topic. This is partly due to the lack of legislations protecting

LGBT rights where these studies can be anchored from. This study would contribute to a more

extensive body of knowledge to guide students in their future researches and legislators as

they craft more bills advocating same-sex marriage.

lives is essential to achieve and maintain peace, justice and harmony in the country. Thus,

more studies on LGBT rights would increase advocates who would promote the protection of

the rights of the LGBT members. Increased awareness would also eventually result in the

reduction of discrimination of LGBT members in the Philippines. This means that every

Filipino would be empowered regardless of their sexual identity and orientation in the

performance of their role in nation building.

V. Scope and Limitations of the Study

This study is limited to the discussion of same-sex marriage that will be performed within

the territorial jurisdiction of the Philippines. In this research, same-sex marriage or gay

marriage refers to the matrimony of homosexual couples, which include gay and lesbian

couples. Although this study would primarily utilize Philippine laws and jurisprudence, it

would also incorporate facts, laws and jurisprudence from other countries where same-sex

marriage is legalized. This study would not include civil union of same-sex marriage which is

considered by many as an interim measure before the adoption of same-sex marriage for unity

and coherence of the topic. However, this is also mentioned in the purview of the research.

The researcher also has limited sources of laws and jurisprudence in the Philippines, given

that same-sex marriage is considered illegal based on the essential requisites laid down by the

Family Code.

VI. Conceptual Framework

A. Arguments against same-sex marriage

Philippines is known as Asia’s bastion of Roman Catholicism. This explains

the Church’s political influence since 80% of the population are its members. The

Roman Catholic Church is considered as one of the major religious institutions

which opposes same-sex marriage in the Philippines.

In December 2017, Catholic Church leaders expressed their objection to

President Rodrigo’s proposal to legalize same sex marriage. Bishop Arturo Bastes

of Sorsogon claimed in a statement that the Catholic Church should never allow

and approve of same sex marriage as he called on Filipinos to never allow it.

According to Bishop Bastes stated that the main purpose of its opposition is

procreation of children and building a loving family, the basic unit of domestic

church, which is of course impossible in same sex marriage. The Philippine Council

of Evangelical Churches (PCEC) also expressed their objection to same sex

marriage. PCEC said that union between the same sex directly contradicts a central

teaching of Islam and Christianity, that is marriage is only between a man and a

woman.

This conservative view of the Church and its members is a great factor as

to why same-sex marriage is deemed immoral or sinful by the Roman Catholic

Church since time immemorial.

Rights and benefits afforded in same-sex marriage

Reduction of social exclusion of same-sex couples

B. Arguments against same-sex marriage

Same-sex marriage as unconstitutional

Same sex marriage seen as contrary to morals

Confusion of rights for children

VII. Conclusion or Recommendation

Same-sex marriage should be legalized in the Philippines.

VIII. Sources

 Books

 Online

 Journals

https://www.pri.org/stories/2013-06-26/20-most-and-least-gay-friendly-countries-world
http://www.governing.com/gov-data/same-sex-marriage-civil-unions-doma-laws-by-

state.html

http://www.latimes.com/world/la-fg-taiwan-same-sex-marriage-20170524-story.html

http://www.chanrobles.com/civilcodeofthephilippinesfulltext.html

http://www.chanrobles.com/executiveorderno209.htm#.W_thPugzbIV

http://www.accralaw.com/publications/same-sex-marriage-and-its-legal-hindrance-

philippines-0

https://www.officialgazette.gov.ph/constitutions/1987-constitution/

https://www.philstar.com/headlines/2018/07/02/1829775/comprehensive-anti-discrimination-

law-pushed

https://www.philstar.com/lifestyle/arts-and-culture/2005/05/16/277938/congress-oks-lesbian-

and-gay-rights-bill

https://www.manilatimes.net/catholic-church-leaders-object-duterte-bid-legalize-sex-

marriage/369550/

https://www.manilatimes.net/catholic-church-leaders-object-duterte-bid-legalize-sex-

marriage/369550/

Numerous anti-discrimination proposals have been made but none of them was

successful. The most recent was on July 1, 2018, when Senator Sonny Angara initiated the

passage of the Comprehensive Anti-Discrimination bill, otherwise known as Senate Bill 948,
which seeks to minimize all forms of discrimination. This bill seeks to penalize discriminatory

practices based on age, racial or ethnic origin, religious belief or activity, political inclination

or conviction, social class, sex, gender, sexual orientation, gender identity and expressions,

marital or relationship status, disability, HIV status, health status or medical history, language,

physical features, or other status.