The state of New York recently passed a law that legalizes same-sex marriages. That means gay and lesbian couples could marry, with legal protection ordinarily granted to male-female couples. NY is the latest US state that allows same-sex marriage.
Also recently, we’ve seen Filipino gay and lesbian couples getting married in the Philippines, re-sparking the debate on same-sex marriage. These individuals may have undergone such a ceremony to express their love and commitment to one another. They may have done it to rekindle the debate. They may have other reasons, but it could NOT include seeking legal protection and benefits that flow from marriage.
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Philippine laws do not recognize and protect same-sex marriage. It doesn’t matter which religion you belong. Unlike certain matters — divorce, for instance, which is allowed for the Muslim community — the legal non-recognition of same-sex marriage applies to all groups and religions.
“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.” This is part of the definition provided in Section 1 of the Family Code. The Supreme Court stated in a 2007 case that one of the most sacred social institutions is a special contract of permanent union between a man and a woman, referring to the institution of marriage. One of its essential requisites of marriage is the legal capacity of the contracting parties who must be a male and a female. The SC also noted that allowing a change of name by reason of a sex reassignment surgery (sex change) “will allow the union of a man with another man who has undergone sex reassignment (a male-to-female post-operative transsexual)”.
In our previous post Mr. Lito Basilio submits that “same-sex marriage may be allowed under exceptional circumstances. Art. 26 of the Family Code recognizes as valid in the Philippines those marriage solemnized abroad and are valid there as such, except for marriages forbidden under Art. 35(1), (4), (5) and (6) and Art. 36, 37 and 38 of the Family Code.” The argument makes sense because none of the provisions cited — Art. 35(1), (4), (5) and (6) and Art. 36, 37 and 38 of the Family Code — prohibit same-sex marriage. This might lead some couples to go abroad, perhaps New York or some other states/countries that recognize same-sex marriage, and have it recognized here in the Philippines. However, the Family Code provides in no uncertain terms that the couple must be a “man and a woman”. While a same-sex marriage is allowed in other jurisdictions, it cannot be recognized here because it is contrary to law, public order and public policy.
Another reader which goes by the name syelapin states that “[w]ith our history and culture as a backdrop, [I] highly doubt we’ll see THE change in our lifetimes.” I would hazard a guess that divorce would be allowed way before same-sex marriage is recognized, if ever it is recognized. Our informal poll reveals that a majority supports divorce, but a majority opposes same-sex marriage.
[Read also The Divorce Issue Again: Yea 2010 and Allowing Absolute Divorce in the Philippines]
There are a number of privileges that apply only to marriage, some of which are discussed in the previous post on Common-Law Marriage. They are not considered compulsory heirs to each other, which means one could not inherit from the other, except when there is a last will and testament that designates each other as an heir. If one or both of the partners have children when they were “single”, the other partner cannot have parental authority over such children.
On the other hand, it is not correct to say that there is no existing law which governs the property relations between the same-sex couples. They could enter into a contract, which has the force and effect of law between the parties, with respect to their properties. General laws, including the rules on co-ownership, could apply in the absence of such contract.
We previously noted that the solution is to amend the Family Code. On second thought, this seems problematic because incorporating same-sex unions into the concept of “marriage” may be contrary to the Constitution. The Constitution provides that: “Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State” (Sec. 2, Article XV [Family]). While the Constitution does not explicitly provide that only a man and a woman may get married, I presume that the constitutional deliberations would show that it a marriage is between a man and a woman.
Loading ...The immediate recourse, therefore, is to pass a separate law that covers same-sex unions. It could primarily tackle the property relations of same-sex couples, just like what was done for live-in relationships. It could provide for certain rights and privileges, just like what was done for solo parents. Whether that separate law should be passed is an entirely different matter.
Related Posts:- Majority Do Not Approve of Legalizing Same-Sex or Gay Marriage
- Same-sex marriage – a call for arguments
- Grounds for the Annulment of Marriage
- Without Divorce, Couples Resorting to Common-law Marriage (Live-in Relationships)
Tinkering with internet tools comes with the bonus of better understanding how existing laws apply to the third wave - that of technology, particularly the internet. This is also a great medium to disseminate and discuss ideas across borders, time, color or creed. 
well i am a member of third sex i am a gay and being a gay was not easy ..in terms of same sex marriage in the laws of GOD especially in the Philippines many will react on this , but to be fall in love with your same sex doesn’t need a marriage as long as you love and respect each other , others so demanding and over lapping on limits lol… i have Arabic guy relationship for 4 years now we understand and value each other nothing go wrong cause we love and value each other . what is marriage for inheritance of his asset hahahahaha
Well-loved. Like or Dislike:
+5
First of all, are you a member of the third sex or are you gay? As a biologist I can assure you there is a difference.
Second, marriage may not be important or necessary for you and your partner, but that does not mean it’s unimportant to other couples. Love is all that matters, yes, but legal rights and state benefits have a huge impact on everyday life, too.
The fact of the matter is that the state is treating same-sex couples as invalid, unworthy, and second-class. The status quo cannot stand forever on this, especially when the Philippines’ democratic allies are all progressing by leaps and bounds ahead of the Philippines.
Well-loved. Like or Dislike:
+5
yes, since same sex marriage is not allowed here in our country then you just can’t marry or you need not marry or you shall not marry, anyway it is not a guarantee of a lasting relationship, for as long as you love each other, you can go on with your relationship without getting married, for the reason that it is not allowed in our jurisdiction.
It will take time before same sex marriage will be recognized in the Philippines. For me, we don’t need to impose our morality to others. Let us give them happiness they deserve.
Well-loved. Like or Dislike:
+7
I doubt it if they’ll be able to make such law.
The Catholic church are pretty much too pre-occupied with what’s going on with the Philippine government, i.e. PCSO Pajero scam and the passage of the RH bill.
Btw, Atty. Fred…you we’re on TV last Saturday @Jessica Soho show as the “Legal Expert”… Pogi ah!…hehehe
Hi Sha, I think there will be one in the distant future, but not marriage. By the way, re the Jessica Soho show, what particular topic was this?
i’d say that same sex marriage should not be legalize in the philippines, due to some reasons that, although we are a free country, but that doesn’t mean that we have to tolerate this kinds of actions. because even though they might feel like they are womanly, or manly, or whatever, they cannot accept the thought that they were born as the other way around, now they cant blame GOD for it (but i’m sure some of them do) but that’s reality.
Hello. Found this article while Googling for info about same-sex couples owning property in the PHL. We are seriously wanting to own a house-and-lot and we will be sharing all costs 50-50… It would be unfair if we cannot have co-ownership. So do the rules on co-ownership apply to gay couples? Is it just for real estate or can it apply to other assets (car for example).
Gusto ko rin sagutin ang mga komento sa article na ito. Tatagalogin ko na para malinaw. Ang laban ng mga homosekswal para sa legalisasyon ng same-sex marriage ay walang kinalaman sa Diyos o kahit sa pag-ibig o ano mang dahilang emosyonal o espiritwal. Gusto lang namin ang proteksyon ng batas. Isang halimbawa na lang ang tanong ko tungkol sa pagmamay-ari ng bahay. Kung namatay ako, walang karapatan ang partner ko na manahin ang bahay at lupa na pareho naming popondohan. Madami pang ibang benefits ang mga heterosekswal na mag-asawa na ayaw ibigay sa amin ng batas. Wala akong paki-alam kung ayaw kaming ikasal ng simbahan basta pwede kaming ikasal sa huwes at ibigay sa amin ang mga benefits ng legal na mag-asawa.
I am tired of people saying that being gay means your rebelling against what God wishes you to be. How do you people even know what God wants you to be? He’s the Supreme being who created the world; the plants, the animals, humans, He decides the genders of all living things, is it not a possible thought that maybe He also plays a role on an individual’s sexuality midway through his/her life?
And for your information, being gay or lesbian rarely has anything to do with being too womanly or manly for their gender; it’s who they choose as their significant other.
I’m a bit amused that you typed in GOD in all caps. What are you trying to pull here? That the Philippines shouldn’t accept same sex couples because God deems it wrong? (I mean no offense, I seriously don’t. I’m Catholic, I’ve studied in a Catholic school since nursery. But I’ve met Filipinos who don’t have the same religion as I do, shocking I know. =___=) What of other people who aren’t Christian in any way or form living in this country, do they not have a say on what the Christian principles state? While the Philippines is dominantly Christian, that doesn’t mean we should ignore those that have other religions… or those who are atheists, we cannot impose a “no-no” in society merely because “GOD” says it’s a no-no.
God created just a man and a woman not gay or lesbian. So, based on His creation it implies that man is for woman and woman for man. not man and man, and woman and woman……. and about5 the all caps “GOD” it only shows that we really respect and honor Him… because of that we really need to accept this fact that He is not pleased with this same sex-marriage/.
Hello.. under the rule of law in our country same sex marriage is not applicable and even in the eyes of God. So to all same sex who cant be able to marry each other , to make things legal just make a “will” to your partner and everything will be legal….