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Recognition of same-sex unions in the Philippines

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
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Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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The Philippines does not legally recognize same-sex unions, either in the form of marriage or civil unions. The Family Code of the Philippines defines only recognizes marriages between "a man and a woman".[1] The 1987 Constitution itself does not mention the legality of same-sex unions or has explicit restrictions on marriage that would bare same-sex partners to enter into such arrangement.[2]

Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Marriage recognized
  Other type of partnership
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression, not enforced
  Severe restrictions of association with arrests or detention
Same-sex sexual activity illegal
  Prison, not enforced
  Prison
  Death penalty on books, not enforced
  Enforced death penalty

Local initiatives

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Quezon City

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On June 24, 2023, the government of Quezon City launched a "Right to Care" card, allowing same-sex couples, through a special power of attorney, to make health-related decisions for each other.[3][4][5]

Proposed national legislation

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Property rights of same-sex partners

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While same sex unions are not recognized by the Philippine government, there has been proposals to introduce laws which would recognize same-sex partners' property rights that are similar to heterosexual couples. Such attempts include the 2013 proposal by Albay representative Edcel Lagman and 2019 proposal by Senator Imee Marcos. Under Lagman's proposal cohabitating same sex couples are able to register their partnership at a local Civil Registrar and document their co-owned or exclusive properties.[6][7][8][9]

Same-sex union

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Alvarez proposal

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In October 2016, Speaker of the House of Representatives Pantaleon Alvarez announced that he would file a bill to legalize civil unions for both opposite-sex and same-sex couples. By October 25, 2016, more than 150 lawmakers had signified their support for the bill.[10] Alvarez introduced House Bill 6595 on October 10, 2017.[11] The bill was also under the wing of representatives Geraldine Roman of Bataan, Gwendolyn Garcia of Cebu, and Raneo Abu of Batangas.[12][13] In the Senate, conservative senators Tito Sotto, Joel Villanueva vowed to block the bill should it ever pass the House of Representatives.[14] Following the adjournment of the 17th Congress and the subsequent 2019 general elections, the civil union bill was reintroduced by Alvarez in May 2019.[15][needs update]

Bagong Henerasyon proposal

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Bagong Henerasyon representative Bernadette Dy filed House Bill No. 1357 during the 18th Congress in the House of Representatives which proposed civil partnerships for same-sex couples.[16][17] Dy refiled the proposed measure as House Bill 1015 in the 19th Congress.[18]

Padilla proposal

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Senator Robin Padilla introduced Senate Bill No. 449 which proposed the institution of civil unions for both heterosexual and same sex partners, which does not require any religious rites. The measure includes recognition of property and adoption rights for same sex partners.[19][20]

The bill was characterized by Catholic Bishops’ Conference of the Philippines (CBCP) Episcopal Commission on Public Affairs executive secretary Fr. Jerome Secillano as an "infirmity" which could be a violation of "religious right" insisting that the state can't force the church of matters against its doctrine.[21] Padilla, a Muslim, also lost support from the Grand Imam of the Marawi who withdrew support for him.[22]

Explicit non-recognition and other limitations

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The Family Code of the Philippines enacted into law in 1987 by President Corazon Aquino defines marriage as "a special contract of permanent union between a man and a woman"[23] Republic Act No. 386 of 1949 or the Civil Code of the Philippines, also includes mentions of marriage as being between a man and a woman. There have been several attempts to include more explicit restriction to the Family Code to bare any de facto same sex unions.

In 1998, Senator Marcelo Fernan filed Senate Bills No. 897 and 898 to append "biological" before "man" and "woman" in the Family Code so that only a pair of two people of opposite sexes (or assigned gender at birth) could legally get married.[24] In 2004, Muntinlupa representative Ruffy Biazon filed House Bill No. 1245 in the House of Representative while his father Senator Rodolfo Biazon filed Senate Bill 1575, the counterpart bill, in the Senate. The proposed bills by the Biazons had a similar proposal limitting marriages to: "natural born males" and "natural born females".[25]

Senator Miriam Defensor Santiago's Senate Bill No. 1276 filed in 2004, meanwhile proposed the explicit non-recognition of same-sex unions solemnized abroad in the Philippines.[26]

Bohol representative Rene Relampagos filed in 2011 House Bill No. 4269 amending the Family Code which tackles recognition of marriage and other forms of unions abroad. Among the provisions include "prohibited marriages" or forms or relationship explicitly not recognized. Reasoning that the Philippines public policy is to recognize marriage as a union between a man and a woman, the proposed measure explicitly bares the recognition of same sex unions.[27]

Criminalization

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During the 14th Congress, Manila representative Benny Abante filed House Bill No. 6919 in the House of Representatives proposing the criminalization of same sex unions. A former senior pastor of the Metropolitan Bible Baptist Church, Abante believed that such unions are "highly immoral, scandalous and detestable". He proposed penalties for applicants and solemnizing officers of same sex union rites. If the bill became law the penalties would have been imposed:[28]

  • 15 years imprisonment and a ₱150,000 fine for the partners in an unauthorized same sex union
  • If offenders who are public officers or employee – dismissal from government service and banned from re-employment in any public office
  • 12 year imprisonment and ₱100,000 fee for anyone "faking" or "misdeclaring" their gender to secure a marriage license (i.e. declaring their gender as other than their assigned gender at birth)

The proposed legislation also mandates the Local Civil Registrar and the solemnizing officer to ascertain the gender of applicants before issuing a marriage license or prior to the ceremony.[28]

Falcis III v. Civil Registrar-General

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Main article: Falcis III v. Civil Registrar-General

On June 19, 2018, the Philippine Supreme Court heard oral arguments in a historic case seeking to legalize same-sex marriage in the Philippines.[29][30][31][32] The court dismissed the case for lack of standing in September 2019. The court stated that it could only make a decision if "real adversarial presentations" were shown, noting that the plaintiff could not claim injury since he was not seeking marriage for himself or had presented an actual case. The court, however, added that the 1987 Constitution in "plain text" imposes no restrictions on same-sex marriage.[33][34] The court also advised, although this issue is "ideally" for Congress to decide, it's still open to future similar petitions with proper cases. [35]

See also

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References

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  1. ^ "Executive Order No. 209: The Family Code of the Philippines". 6 July 1987.
  2. ^ "SC junks plea to legalize same-sex marriage". CNN Philippines. 3 September 2019. Archived from the original on 28 August 2022. Retrieved 29 August 2022. The court, despite acknowledging that the 1987 Constitution "does not define or restrict marriage on the basis of sex, gender, sexual orientation, or gender identity or expression,
  3. ^ "Quezon City allows LGBTQ+ couples to make health care decisions for each other". RAPPLER. 2023-06-23. Retrieved 2023-07-04.
  4. ^ Mateo, Janvic. "CHR lauds Quezon City for 'Right to Care' card". Philstar.com. Retrieved 2023-07-04.
  5. ^ Mateo, Janvic. "Quezon City launches 'Right to Care' card for LGBTQIA+ couples". Philstar.com. Retrieved 2023-07-04.
  6. ^ Salaverria, Leila (17 October 2013). "Rep. Lagman files bill to protect same-sex couples' property rights". Philippine Daily Inquirer. Retrieved 24 August 2022.
  7. ^ Denise, Patricia. "Bill protecting same-sex couples' property rights filed". GMA News. Retrieved 28 August 2022.
  8. ^ "Senate Bill No. 417: An Instituting a Property Regime for Cohabiting Same Sex Partners and For Other Purposes" (PDF). Senate of the Philippines. 15 July 2019. Retrieved 24 August 2022.
  9. ^ "Sen. Marcos seeks action on bill allowing same-sex partners to own property". Manila Bulletin. 23 October 2020. Retrieved 28 August 2022.
  10. ^ Dizon, Nikko. "'It's civil union, not marriage'". Philippine Daily Inquirer.
  11. ^ Nonato, Vince F. (21 October 2017). "Alvarez files house bill recognizing LGBT unions". Philippine Daily Inquirer. Retrieved 24 August 2022.
  12. ^ "House Bill No. 6595" (PDF). House of Representatives of the Philippines. Retrieved October 21, 2017.
  13. ^ Nonato, Vince F. (October 21, 2017). "Alvarez files house bill recognizing LGBT unions". Philippine Daily Inquirer. Retrieved October 21, 2017.
  14. ^ Ager, Maila. "Sotto, Villanueva give same-sex marriage proposal the thumbs down". Philippine Daily Inquirer.
  15. ^ "Philippines congress sees new push for same-sex unions". PinkNews. July 24, 2019.
  16. ^ Herrera-Dy, Bernadette. "House Bill No. 1357" (PDF). 18th Congress of the House of Representatives. Retrieved 23 August 2022.
  17. ^ "Focus on 'human rights aspects' of same-sex civil union, Roman tells Sotto". BusinessWorld. 23 October 2020. Retrieved 23 August 2022.
  18. ^ "Will proposed Civil Partnership Act prosper in 19th Congress? Herrera has fingers crossed". Manila Bulletin. 6 July 2022.
  19. ^ Bordey, Hana (11 August 2022). "Padilla wants same-sex unions institutionalized". GMA News. Retrieved 28 August 2022.
  20. ^ "Same-sex union bill filed in Philippines". South China Morning Post. 12 August 2022. Retrieved 28 August 2022.
  21. ^ "Church balks at Robin Padilla's Same-Sex Union Bill". Manila Bulletin. 12 August 2022. Retrieved 28 August 2022.
  22. ^ Sarao, Zacarian (14 August 2022). "Marawi Grand Imam withdraws support for Robin Padilla over same-sex union bill". Philippine Daily Inquirer. Retrieved 28 August 2022.
  23. ^ "Executive Order No. 209: The Family Code of the Philippines". 24 August 2022.
  24. ^ Being LGBT in Asia: The Philippines Country Report (PDF). Bangkok: United Nations Development Programme, United States Agency for International Development. 2014. p. 39. Retrieved 24 August 2022.
  25. ^ Biazon, Rudolfo (2 August 2004). "Senate Bill No. 1575" (PDF). Senate of the Philippines. Retrieved 24 August 2022.
  26. ^ Santiago, Miriam (1 July 2004). "Senate Bill No. 1276: An Act Amending the Family Code of the Philippines, Article 26" (PDF). Senate of the Philippines. Retrieved 24 August 2022.
  27. ^ "Common-law, same-sex marriages abroad invalid in the Philippines". Bohol Sunday Post. 27 February 2011. Retrieved 28 August 2022.
  28. ^ a b Tabingco, Peter (24 February 2010). "Same-sex marriage criminalized under bill". Business Insight Malaya. Archived from the original on 24 February 2010. Retrieved 24 August 2022.
  29. ^ Carmela Fonbuena (June 18, 2018). "Philippine lawyer finds unlikely ally in Duterte in fight to legalise gay marriage". The Guardian.
  30. ^ "LGBT rights supporters rally at SC amid same-sex ma". Philippine Daily Inquirer. June 19, 2018.
  31. ^ "Supreme Court to hear arguments on same-sex marriage Tuesday, June 19, 2018". GMA News.
  32. ^ Nick Duffy (June 19, 2018). "Philippines Supreme Court hears legal challenge seeking equal marriage". PinkNews.co.uk.
  33. ^ Patag, Kristine Joy (September 4, 2019). "Bersamin: Junked Falcis plea has no bearing on future same-sex marriage petitions". The Philippine Star. Retrieved September 5, 2019.
  34. ^ CNN Philippines Staff (September 3, 2019). "SC junks plea to legalize same-sex marriage". CNN Philippines. Archived from the original on August 28, 2022. Retrieved August 28, 2022. {{cite web}}: |author= has generic name (help)
  35. ^ "G.R. No. 217910". lawphil.net. Retrieved 2023-09-25.
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